ABK LAW BLOG

Articles by Our Lawyers

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

May 26, 2023

#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!

May 15, 2023

#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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#ABKLaw BLOG by Michael Jaccarino: What is Jury Nullification

April 24, 2023

#ABKLaw BLOG by Michael Jaccarino: What is Jury Nullification? Jury Nullification is the practice of a deliberating jury voting “Not Guilty” when the jury disagrees with the criminal charge………even after the defendant’s guilt has been proven beyond a reasonable doubt. Some argue, this practice is a juror’s constitutional right. Is it?

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#ABKLaw BLOG by Michael Jaccarino: In New York, What is Criminal Possession of a Firearm/ Weapon – Penal Law Section 265

April 3, 2023

#ABKLaw BLOG by Michael Jaccarino: In New York, What is Criminal Possession of a Firearm/ Weapon – Penal Law Section 265

In light of the increase in gun violence, the New York Legislature enacted new and harsher array of gun laws. What came out of these new gun laws was the rise of the charge Criminal Possession of a Firearm, codified under Penal Law section 265.01-b. Criminal Possession of a Firearm is very close in form and text to Criminal Possession of a Weapon in the Fourth Degree which, under New York Penal Law section 265.01(1), is a class A misdemeanor. An important difference is that Criminal Possession of a Firearm is a class E non-violent felony. Prior to the passing of these new laws, possession of an unloaded gun could only be charged as a misdemeanor.

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ABK LAW IN THE NEWS: Arthur Aidala #26 on City & State 2023 Law Power 100 List

March 20, 2023

ABK LAW IN THE NEWS: Arthur Aidala #26 on City & State 2023 Law Power 100 List CONGRATULATIONS to all the incredible honorees of City & State’s 2023 Law Power 100 List :: The legal eagles in the world of New York politics.
We are proud that our Aidala, Bertuna & Kamins P.C. Managing Partner, Arthur Aidala Esq was recognized…
“As a senior trial attorney in the Brooklyn district attorney’s office, Arthur Aidala prosecuted his fair share of criminal cases, but for years he’s been on the other side of the fence as a criminal defense lawyer at Aidala Bertuna & Kamins. He’s known for his debonair style, whether as a commentator on Fox News, on his AM 970 radio show or at press conferences for big-name clients. Described by The New York Times as “the nice-guy lawyer for America’s tabloid villains,” he has defended Harvey Weinstein, Rudy Giuliani and Ghislaine Maxwell. His firm recently teamed up with Gotham Government Relations & Communications .”
“Since laws are the foundation of government, it’s no surprise that the legal profession is inextricably involved in countless governmental functions. As lawmakers draft legislation, they rely on advice from legal counsel. City and state governments employ thousands of attorneys to assist in implementing laws. Judges deploy legal expertise as they rule on violations of the law – and decide whether to uphold or overturn them. Running for office requires the assistance of campaign attorneys, while advocacy campaigns to change local, state or federal policies hinge on an in-depth understanding of the legal implications of a particular proposal. And in recent years, the election of prosecutors and the appointment of judges has become a more partisan endeavor aimed at shifting policy through the courts.
City & State’s Law Power 100 recognizes the most influential legal professionals in the world of New York politics and government. The list features high-profile elected officials, powerful prosecutors, high-ranking appointees, partners at prominent firms, defense attorneys, public defenders, legal scholars and others in the profession who advise or oversee governmental bodies, advocate for policy changes or argue cases before our highest courts.”

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