While the immediate legal penalties of criminal convictions – such as jail time, fines, and criminal records – are well documented, there are many hidden costs of a criminal conviction in New York that are less obvious. In many cases, these kinds of ‘hidden’ consequences of a conviction can play a part in your life for longer than most jail sentences would. In this blog, we’ll explain what these consequences are, how they might be avoided or mitigated – and why these life-changing factors make it absolutely essential that New Yorkers choose the right criminal attorney if they find themselves facing the wrong side of the criminal justice system. Probation and Parole in New York City Beyond jail time or fines, a criminal charge in NYC may result in probation or parole. Probation is a court-ordered period of supervision in the community, typically an alternative to imprisonment. Parole, on the…
Read MoreBeing accused of a sex crime can have catastrophic effects on a person’s life – and a conviction will almost certainly change every aspect of it, not least because the person will likely be expected to register as a sex offender. In New York, where the legal landscape around sex crimes is intricate and always evolving, it’s essential that you have an attorney on your side who can make sure the law is applied correctly and that your rights are upheld at all times. This should always be the case – regardless of the circumstances surrounding any accusation. In this guide, we’ll take a detailed look at the kind of defense strategies an experienced New York sex crimes lawyer will consider if you find yourself accused of this kind of crime. The Broad Range of New York Sex Crimes A ‘criminal sexual act,’ as outlined by the New York penal…
Read MoreIt’s easy to assume that government agencies and law enforcement officers always operate with a person’s Constitutional rights at the heart of what they do. Unfortunately though, this isn’t always the case. While many police and law enforcement officers in NYC work diligently to uphold the constitutional rights of individuals along with New Yorkers’ local laws, there have been many instances where these rights are overlooked or violated. As such, the role of a criminal defense attorney is a crucial one – making sure your rights are protected and upheld during any contact with law enforcement. In this blog, we’ll take a detailed look at some of the rights that law enforcement officers should be aware of and should respect if you find yourself arrested or under investigation here in New York. We’ll also look at how these rights can be contravened, as well as how an experienced criminal defense…
Read MoreIf you, or someone you know, has been indicted or arrested on domestic violence charges, you must contact an experienced domestic violence lawyer. Domestic violence is a serious crime in New York, and can carry a range of penalties – the most extreme being life in prison. New York State rarely allows any domestic violence charges to be dropped due to their sensitive nature, and it pursues an aggressive mandatory arrest policy. Regardless of your guilt, a charge of domestic violence can affect your reputation, your career, and your life in general. It’s important you have the proper representation to stand up for you in court and fight against any domestic violence charges. NYC citizens involved in a domestic violence charge should be aware of the severity of a conviction and understand the prosecution process. Here, we’ll examine the methods lawyers will employ to defend domestic violence cases and explore…
Read MoreBeing questioned by police officers can be an incredibly stressful experience, even when you haven’t committed a crime. But not many people realize that simply talking to the police without a lawyer present is one of the most dangerous things you can do. It’s natural to want to try and explain your innocence to officers, but this can, and usually will, have disastrous consequences. Even speaking to the police as a witness carries a risk of being implicated in a crime, so always consult a lawyer beforehand. The police want to speak to you when you’re alone, nervous, and unprepared. You’re more likely to panic and make a mistake, and they will pressure you to act against your best interests. Regardless of your innocence, an experienced criminal defense attorney will help protect your rights, speak on your behalf, and counsel you before considering making any statements. If you talk to…
Read MoreNavigating the intricacies of federal criminal cases in New York City is not for the faint-hearted. Between the blurred lines of jurisdiction, relentless prosecutorial forces, and the often-confusing tangle of federal statutes, it’s easy to feel overwhelmed. That said, when someone’s future is on the line, it’s absolutely essential you overcome these challenges and make sure every move you make – no matter how small – is informed by an experienced criminal attorney. In this post, we’ll explore the complexities that make federal cases so challenging in NYC, providing a clear view of the situation you’re facing and the tools you’ll need to navigate it effectively. Understanding What Constitutes a Federal Crime To understand some of the complexity that surrounds a federal criminal case, it’s useful to first understand the difference between a state criminal offense and a federal criminal offense. In the simplest terms, the difference lies in who…
Read MoreIf you’re arrested, it’s easy to start thinking about worst-case scenarios. If you’re facing a felony charge, your mind might race to typical sentences for the crime you’re accused of. Even if you’re caught up in the criminal justice system for misdemeanor offenses, you’ll probably think about the impact a conviction might have on employment, family, and day-to-day life. Fortunately, there are many steps and actions you can take to help you try to avoid these worst-case scenarios. With the right factors on your side, you may even find your case acquitted when you appear before a New York City criminal court. In this guide, we’ll explain what acquittal is and some of the paths that can take you from your initial arrest to being told you’re free from your charges. We’ll also cover each step in the arrest-to-trial process, so you can better understand the impact that each step…
Read MoreDrug possession offenses are some of the most commonly charged crimes here in New York City. This is hardly surprising – illegal drugs are commonplace throughout all areas of society in the city. Unfortunately, the consequences of simply being charged with a drug crime are significant – and those consequences grow significantly if you end up with a drug crime conviction. In this blog, we’ll explore the many consequences of drug convictions here in New York. If you’re facing a drug charge, we’ll also explain the steps you should be taking to reduce the impact of a charge or a conviction on various areas of your life. We’ll also explore the idea of ‘collateral consequences’ of drug crimes – i.e., the impact on your life that goes beyond just criminal proceedings. Types of Drug Convictions and Associated Legal Consequences New York’s drug laws can be broken down into four main…
Read MoreIf you’re convicted of a crime in New York, you could be forgiven for thinking that a jail sentence, probation, or fines are the only consequences you’ll face. While these are the factors that will have an immediate impact on your life, there’s a long list of consequences that can follow you for far longer – often for your entire life. In this guide, we’ll explain what those consequences are and the very real impact they can have on several areas of your life, including: Employment Housing Retirement/pension benefits Immigration status Travel and leisure Reputation Friendships and relationships Your second amendment rights The basics: “Collateral consequences” In New York law, the legal term used to describe the impact of a criminal conviction on your wider life is “Collateral consequences.” Also sometimes referred to as “Invisible punishments,” these factors can extend well beyond the immediate jail time, fines, community service, or…
Read MoreNew York City is home to hundreds of criminal defense law firms and thousands of criminal defense lawyers. While every criminal defense lawyer has to have passed the Bar to represent you if you’re facing criminal charges, not all have the criminal law experience to make sure you stand the best possible chances in your case. In this blog, we’ll explain why it’s important to have an experienced NYC criminal defense lawyer on your side if you want to stand the best possible chance of fighting charges and minimizing disruption to your life. What is criminal defense? It’s easy to assume all attorneys do the same job – but this is not the case. A criminal defense lawyer focuses on providing legal representation to someone who has been accused of a criminal offense. This involves protecting the accused’s rights, challenging the evidence that is used against that person, negotiating with…
Read MoreThanks to the principles laid out in The Sixth Amendment, New York’s criminal justice system is, in theory, one of the fairest and just in the world. The trouble is, theory means very little when an otherwise good system gets tangled in a mix of inequality, bureaucracy, and funding issues. In this blog, we’ll take a candid look at the harsh reality of the criminal justice process here in New York City and the potential flaws in some of the steps – flaws that can often lead to significantly different experiences for individuals who find themselves accused of a crime. What should the criminal justice system look like? The process that takes a person from arrest through to possible sentencing is well-documented and clear-cut. It involves the following steps: Arrest: A police officer makes an arrest based on probable cause or a warrant. Booking: The suspect is processed at the…
Read MoreOn the face of it, the justice system should work equally for everyone in New York – but in reality, this isn’t always the case. Clearly, there are countless instances where the odds seem stacked against a defendant because of that person’s background or situation – but it’s easy to overlook high-profile clients when considering those demographics. There are many reasons a person’s case could become high-profile. In some cases, that individual may already have a high profile before the case. In other cases, the severity of the charged crime may be such that the case has attracted a lot of media attention, elevating the defendant to a level of recognition they had not previously had. In this blog, we’ll take a more detailed look at some of the challenges that high-profile cases present – both for defendants and criminal defense lawyers. We’ll also look at some of the factors…
Read MoreFalse accusations in New York City are extremely serious and worryingly common. This type of crime occurs when someone alleges you have committed an offense that you did not do, with no evidence to support their claim. Since being accused of a crime could potentially result in criminal charges, the implications of false claims against you could be life-changing. In this blog, we’ll explore false accusations in some detail, including: What false accusations can include Consequences for the falsely accused Potential punishments for the person making false accusations How an experienced criminal defense attorney can help if you’re falsely accused What false accusations can include False accusations can happen in different types of cases and situations, including criminal cases, a civil lawsuit, and even in personal or professional relationships. Since false accusations can relate to any part of the law, there are countless examples of how this behavior can manifest.…
Read MoreIn previous blogs, we’ve explained Title IX and explored the laws surrounding Title IX retaliations. However, if you’ve been accused of wrongdoing relating to Title IX, you’re probably more eager to understand what a Title IX investigation will involve. In this blog, we’ll explain what happens in Title IX investigations – and how they can differ between institutions. We’ll also look at the basic rights of the accused and why it’s important to have an experienced Title IX attorney on your side if you’ve been accused of sex discrimination, sexual harassment, sexual misconduct, sexual assault, or any other offense covered by these laws. If you’re facing an accusation – whether you’re a college student or an employee of a facility receiving federal funding – it can be an extremely distressing time. Talking to an attorney-advisor to understand your rights can be a big help – so don’t hesitate to pick…
Read MoreOn June 23,1972, Richard Nixon signed an education bill that would change millions of people’s lives forever. On that day, Title IX was enacted as part of the Education Amendments – prohibiting sex-based discrimination in any school or education program that receives federal financial assistance. At the time, this cast a spotlight on college and university sporting programs, forcing equal funding for men’s and women’s sports. Today though, this law has been expanded, and now protects people against sexual harassment, sexual violence, and sex discrimination. While this law and its interpretations have offered opportunities and protections for people who previously had gone without, it can be argued that Title IX administrators and investigators often operate without considering the fundamental legal rights of everyone involved. In this blog, we’ll explore what Title IX is, how interpretations of the law continue to change, and what these changes mean for educational institutions and…
Read MoreTaking responsibility for the care of a child comes with the expectation that they’ll be kept safe from any unreasonably dangerous situations. Failure to do so can result in arrest, and a charge of endangering the welfare of a child – an allegation that is taken very seriously in the state of New York. In New York state there are special laws designed to protect children due to their vulnerable status, much like the protections afforded to a vulnerable elderly person. Any individual aged seventeen or younger is legally considered a child, and the state aggressively prosecutes people that are thought to have put children in harm’s way. As the statute around this crime is so broadly worded it is not uncommon for innocent behavior to be misinterpreted by overzealous police and prosecutors – resulting in a blameless individual facing a serious legal battle. If you or a family member…
Read MoreUsing someone’s vehicle without their permission is a crime under New York theft law. While it may not be as serious as a charge of grand larceny, it still carries with it the potential of jail time and a hefty financial penalty. To legally operate another person’s vehicle, consent or permission must be obtained from the owner. Something as straightforward as asking a friend to borrow their truck for a week, but taking two weeks to return it could see charges being brought against you for unauthorized use of a vehicle. Here, we’ll examine the law behind a charge of unauthorized use of a vehicle, possible punishments, and potential defense strategies should you or a family member face this charge. What is unauthorized use of a vehicle? New York Penal Law 165.05 – often termed the “joyriding statute” – defines three distinct ways an individual can commit unauthorized use of…
Read MoreIn New York, any crime relating to forgery is taken seriously. You might be under the impression that adjusting a parking permit or altering details on a MetroCard are insignificant crimes – but even these low-level forgery offenses can potentially carry a jail sentence. Here, we’ll explore criminal possession of a forged instrument crimes in more detail – looking at some examples of how the law is applied, the kind of punishments that can be handed down, which defense strategies might apply, and what your next steps should be if you’re facing this kind of charge. What is criminal possession of a forged instrument? Criminal possession of a forged instrument is covered by Article 170 of the New York Penal Law – Forgery and Related Offenses. The wording of the law is a little different depending on the severity of the charge you’re facing, but the core message is the…
Read MoreAfter your arraignment. the criminal justice process will often slow down. Court dates can often be months into the future – and during that time, you may be released on bail. One of the conditions of your bail will be a requirement to appear in court on a certain date. If you fail to show up, you could face a bail jumping charge. There have been some recent changes to bail jumping laws in New York, so, if you’re due to appear and think something might stand in your way, it’s important to understand bail jumping charges and what the law says about missing your court date. What does NY law say about bail jumping? The law surrounding bail jumping charges changed in April 2020 – and these changes came into force on July 2, 2020. The information here reflects these changes. All bail jumping laws are grouped under Part…
Read MoreThough it may be the least severe felony charge that an individual can receive under New York state penal law, it is nonetheless a serious conviction that can have a major, irreversible impact on your life. Here, we’ll help you to understand what a Class E felony is, how it differs from a misdemeanor or a more serious felony charge, some examples of Class E felonies, and the kind of sentence you can expect to receive if convicted.. Felony Classes There are a total of five felony classes: Class A felony, Class B felony, Class C felony, Class D felony, and Class E felony, with A being the most serious (potentially leading to life imprisonment) and E being the least. However, this does not mean that a Class E felony charge should be taken at all lightly – New York State penal code describes a Class E felony as ‘an…
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