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Understanding Discovery Reform in New York

Understanding Discovery Reform in New York

Prior to January 1, 2020, the state of New York put defendants at a severe disadvantage through so-called “blindfold” discovery laws. In the past, while defense could request crucial pieces of evidence from the prosecution (a process called discovery), prosecutors were free to hold on to much of that evidence until the very day of…

PoliceMisconduct

Can 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…

What You Need to Know About Your 5th Amendment Rights

What 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…

DUI DWI Arrest

Are 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…

criminal evidence

What 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…

CourtPicture

District 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…

NYCRevengePorn

Can 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…

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The 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…

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How 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…

crime in NYC stats

Will a Self-Defense Plea Keep You Out of Prison?

In most books and television shows, “self-defense” is sort of the ultimate “get out of jail free” card. It’s a useful device in stories, because it allows writers to send their heroes in with fists swinging without having to worry about pesky little things like legal consequences.   In reality, things are a little tougher.…