Blog ARCHIVES

ABKLaw BLOG: The Pro Se Defendant

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:  The Pro Se Defendant   Many infamous criminals have represented themselves while on trial. Some examples are Colin Ferguson, John Allen Muhammed, Dr. Jack Kevorkian, Zacarias Moussaoui, and even Ted Bundy.  They all have one thing in common…. they all embarked on a reckless path of self-destruction, confirming …

ABKLaw BLOG:  (Un)lawful traffic stops and the exclusionary rule

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:  (Un)lawful traffic stops and the exclusionary rule   American courts use the exclusionary rule to deter police officers and other government agents from abusing constitutional rights. According to the rule, courts will suppress evidence that the government obtains through unconstitutional conduct—often an unlawful search or seizure. Suppression means …

ABKLaw BLOG: DNA databases, Ancestry.com, and Privacy

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:  DNA databases, Ancestry.com, and Privacy Can your Ancestry.com purchase help solve a crime? Forensic genealogy is the use of DNA to help solve crimes.  CODIS is the largest and primary law enforcement DNA database.  It is maintained by the FBI. CODIS consists of local DNA profiles, State …

ABKLaw BLOG: New Development in Employment Law: Dramatic Increase in Employees Eligible for Overtime Pay

BLOG from #ABKLaw Lawrence Spasojevich, Esq.:  New Development in Employment Law: Dramatic Increase in Employees Eligible for Overtime Pay    “Remember, everything is right until it’s wrong.” – Ernest Hemingway   Everyone, paid either by salary or paid by the hour, is entitled to receive overtime pay until they are properly classified as “exempt”. As an employee’s …

ABKLaw BLOG: New York City’s “Vision Zero” Law

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:  New York City’s “Vision Zero” Law New York City’s “Vision Zero” Law, which we detailed in an earlier blog post, allows criminal charges to be filed against drivers who strike, and either kill or seriously injure a pedestrian who has the “right of way” to cross the …

ABKLaw BLOG: “NOT GUILTY” Verdict on all Felony charges after a jury trial in Manhattan Supreme Court

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.: “NOT GUILTY” Verdict on all Felony charges after a jury trial in Manhattan Supreme Court Our Aidala, Bertuna & Kamins client was facing a mandatory sentence of 7 years incarceration if convicted, and was found NOT GUILTY of all felony charges after a jury trial in Manhattan …

ABKLaw BLOG: Can the police Photoshop a mugshot before showing it to a witness?

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:  Can the police Photoshop a mugshot before showing it to a witness? Continuing on our discussion from last week concerning the use of facial recognition software to identify suspects, another disturbing trend has developed in the area of suspect identifications.  In Portland, Oregon, the police arrested a suspect …

ABKLaw BLOG: NYPD Using Facial Recognition Software to Identify Suspects

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:  NYPD Using Facial Recognition Software to Identify Suspects On August 16, the police arrested a man after he placed a pair of rice cookers in the subway, sparking terror among many who thought they were bombs.  They turned out to be harmless. However, the far more interesting …

ABKLaw BLOG: The Criminal Justice System & the Vanishing Trial

BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.:   The Criminal Justice System & the Vanishing Trial  They say lady justice is blind, for her blindfold represents objectivity, the ability to allocate justice without the fright of bribe, without the influence of money, wealth, power and identity.  But many today feel like the system has failed …

ABKLaw BLOG by Partner Hon. Barry Kamins: New York Law Journal Criminal Law and Procedure column

New York Eliminates a Criminal Defense: A Due Process Violation? On June 30th, New York became the seventh state to ban what is referred to as the “gay and trans panic defense”. Under the new law (Ch.45, L. 2019) that became effective immediately, a defendant is now precluded from raising the defense of extreme emotional …
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