Criminal Defense
Can You Get a DWI in a Parked Car in NYC?
Everyone’s talking about a slow, cautious reopening these days, even here in NYC. It’s not happening yet, but it’s not outside the realm of possibility that some New Yorkers will be congregating in bars again…even if they’ll be doing it six feet apart. So this means it’s a good time to go over some of…
Read MoreViolating Shelter-in-Place Orders Could Lead to Criminal Charges
Crime is going down in New York City and most everywhere else. Even hardened criminals don’t want to catch this virus. New York City is, of course, one of the epicenters of this pandemic. Yet this truth comes hand-in-hand with the fact that there’s a new crime to worry about: violating the PAUSE act. “PAUSE”…
Read MoreCan You Go to Jail for Giving a Prescription Drug to a Friend?
We’ve all been in this position: a friend is suffering from a terrible migraine or is in some other sort of pain. You were prescribed pain killers from the last time you had surgery but you never used them. Thinking you are being generous, you say, “Here, you can have one of these.” After all, you…
Read MoreWhat You Need to Know About Your 5th Amendment Rights
“I plead the 5th.” You’ve heard it plenty of times on television. “You have the right to remain silent.” You’ve heard that too. You’ve even read about it on this blog, whenever we’ve advised you to invoke your right to remain silent while in custody. But do you really understand your 5th amendment protections? If…
Read MoreAre DWI Tests Reliable?
Police station “Breathalyzer” test results are often central pieces of evidence in DWI cases. Yet mounting evidence suggests they are not reliable. New York has already ruled that portable breathalyzer test results aren’t admissible in court, but prosecutors continue to use the results of in-station testing. This is problematic, since implied consent laws make it…
Read MoreWhat Happens When You Confess to a Crime You Didn’t Commit?
Confessions create a lot of problems for your defense lawyer. Many jurors believe that nobody who is innocent would ever confess to a crime they didn’t commit. That assumption is incorrect, of course. False confessions happen more often than you might think. In a 2013 amicus brief, the APA noted that scientific evidence demonstrates that…
Read MoreDistrict Attorneys Gear Up to Find New Ways Around Reformed NY Bail Law
On January 1, 2020, most people arrested for non-violent crimes won’t have to post bail. They will be released and ordered to appear at their trials. It’s no surprise that many prosecuting attorneys don’t like the new law. Many claim it will make it harder to deter crime. An ADA from Nassau County,Jed Painter, is…
Read MoreCan I Get A DUI For Taking Benadryl?
New York law does not make a distinction between legal drugs and illegal drugs in DUI charges. The charge is “driving under the influence.” The legality of what is influencing you does not make a difference. This is covered under New York Vehicle and Traffic Law § 1192.4: “No person shall operate a motor vehicle…
Read MoreThe Wrong Kind of Subway Stop
You’ve been stopped on your subway ride home from work, or perhaps while you are running some errands. An undercover officer, most likely dressed in plain clothes, has pulled you off the train car and holds you on the platform. Maybe immediately, or maybe after some time has passed, you’re told that you’re being arrested…
Read MoreHow to Strengthen Your NYC Criminal Case
Some people make their cases difficult to win long before they ever set eyes on their lawyer. It’s difficult to know what to do when you end up under arrest, especially if you’ve never had a brush with the criminal justice system before. If you can remember a few key principles, you can make it…
Read More