ABK LAW BLOG

Articles by Our Lawyers

#ABKLaw BLOG by Michael Jaccarino: Federal Sentencing Amendment 821

#ABKLaw BLOG by Michael Jaccarino: Federal Sentencing Amendment 821 Shakeup by the Federal Sentencing Commission Could Spring Inmates From Federal Prison:What if I told you that a new Amendment could dramatically reduce prison sentences for inmates serving significant time in federal prison, and the only requirement is that the inmates’ conviction must have been their first conviction? For many inmate and criminal defense attorneys (including myself), it almost sounds too good to be true. First, a quick primer on how the Federal Sentencing Guidelines work

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#ABKLaw BLOG by Michael Jaccarino: The Vanishing Criminal Trial

#ABKLaw BLOG by Michael Jaccarino: NYS Sealing Statute You can seal your prior conviction in New York State You can seal your prior conviction in New York State!In 2017, New York State passed a new sealing law that enables anyone who has been convicted of a crime to have his or her records sealed. This was huge! Why aren’t we hearing from more of you about this? The reason is, outside of legal circles, most people have never heard of this sealing bill. Everyone, especially anyone who was convicted of a crime, should be aware of this bill. It can help you tremendously.

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#ABKLaw BLOG by Michael Jaccarino: NYS Sealing Statute – you can seal your prior conviction in New York State

#ABKLaw BLOG by Michael Jaccarino: NYS Sealing Statute You can seal your prior conviction in New York State You can seal your prior conviction in New York State!In 2017, New York State passed a new sealing law that enables anyone who has been convicted of a crime to have his or her records sealed. This was huge! Why aren’t we hearing from more of you about this? The reason is, outside of legal circles, most people have never heard of this sealing bill. Everyone, especially anyone who was convicted of a crime, should be aware of this bill. It can help you tremendously.

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#ABKLaw BLOG by Michael Jaccarino: The Innocent Should Remain Silent

#ABKLaw BLOG by Michael Jaccarino: The Innocent Should Remain Silent Most convicted criminals know not to talk to the police. Generally, the first time they were arrested, they confessed, were prosecuted, and went to jail. They won’t make that mistake again.It is the innocent people who do not know, or utilize, their right to remain silent, which is granted to everyone by the 5th Amendment of the US Constitution. It is precisely those who are innocent, who think that they have done nothing wrong, who should not say a thing! Why? To start, there are thousands of people sitting in prison cells right now who have been falsely convicted. Unfortunately, many times, their conviction stemmed in part from their own statements or admissions to the police.

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#ABKLaw BLOG by Michael Jaccarino: To Arrest or Issue a Summons? A conundrum with huge implications!

#ABKLaw BLOG by Michael Jaccarino: To Arrest or Issue a Summons? A conundrum with huge implications!
Enforcement of low-level offenses in New York City has always been arbitrary and inconsistent. Examples of such offenses are trespass, consumption of alcohol in public, possession of marijuana, being in a park after dark, unlicensed vendor, unlicensed vehicle operator, and disorderly conduct. In NYC, there are a few options for how to deal with low-level offenses – an officer can effectuate an arrest, resulting in either a desk appearance ticket (DAT) or formal arraignment, or the officer may issue a criminal or civil summons. There is NO official guidance on which method is preferred, leaving it entirely up to the direction of the individual officer.

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