#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?
#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.
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.”
BLOG: Will the DWI laws change in NYS…..and will it even matter?
#ABKLaw BLOG by Michael Jaccarino: In New York State, what is Criminal Possession of a Weapon in the 4th Degree
BLOG: Gun Crimes in NYC Schools on the Rise – How will students be charged?
BLOG: Islamic terrorist may be first person executed in NY in over 60 years
RESULTS — All Criminal Charges DISMISSED for ABK LAW Client facing deportation and up to 7 years of incarceration
A client of ABK Partner Michael Jaccarino, who was facing felony Burglary and Grand Larceny charges, had all of his criminal charges vacated in Manhattan criminal court today.
Blog – If you are arrested and an order of protection is issued, you now may be able to get back into your home.
Here’s how:
As long as most of us have been practicing criminal defense, if a person is arrested and accused of committing a crime against their spouse, girlfriend, partner or roommate, a full order of protection was automatically issued, and the accused was ordered to stay away from the person for the duration of the criminal case. This, of course, included the home of the person, so the accused was effectively rendered homeless, separated from their home, family, property, belongings, etc. This happened in nearly every single case, no matter if the “complainant” was cooperative or not.
Blog – Rockstar and lead singer of Cage the Elephant Arrested and charged with two counts of Criminal Possession of a firearm
Rockstar and lead singer of Cage the Elephant, a Grammy-award winning band, was arrested in lower Manhattan Friday and charged with two counts of criminal possession of a firearm – felonies that carry a punishment of several years in prison. The guns were allegedly recovered from the singer’s hotel room at the Bowery Hotel, along with Polaroids of the firearms and a note indicating that he needed to protect himself.
Any defense of of the singer, Matthew Schultz, would begin with analyzing how the police gained access to the hotel room in the first place.