Category: Blog

#ABKLaw BLOG by Michael Jaccarino: How can someone get Clemency or a Pardon in New York State?

How to get Clemency or a Pardon in New York State
Last week, Gov. Kathy Hochul pardoned nine people and commuted the sentences of four others— a year after she last granted several New Yorkers clemency — and pledged to continue to do so “on an ongoing basis,” despite having not done so for a year. Hochul also pardoned multiple immigrants who have already been released from prison, but who could have faced deportation because of crimes they had committed years ago.

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#ABKLaw BLOG by Michael Jaccarino: New York Can Continue Its Enforcement of New Gun Restrictions

A federal appeals court panel said New York can continue enforcing a new state law banning guns from “sensitive” places like parks and theaters while the judges consider a legal challenge.

The temporary stay from the 2nd U.S. Circuit Court of Appeals on Wednesday puts on hold most of a ruling last month from U.S. District Judge Glenn Suddaby.

Suddaby found constitutional issues with multiple portions of the law related to carrying firearms in public places and to licensing requirements. He issued an injunction halting the law. The appeals court overruled him Wednesday.

New York adopted the new gun law this summer after a U.S. Supreme Court ruling invalidated the state’s system for granting permits to carry handguns outside the home. The high court said Americans have the right to carry arms outside of the home and in public.

The new state law expanded who could get a handgun license and added new licensing requirements and created a long list of places where firearms would be banned.

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#ABKLaw BLOG by Michael Jaccarino: Career conman allegedly scams tourist out of 2k in Times Square. Was it a crime? Did he commit Grand Larceny?

Career conman allegedly scams tourist out of 2k in Times Square. Was it a crime? Did he commit Grand Larceny? A homeless career conman with more than 65 prior arrests allegedly scammed two tourists out of $2,000 in Times Square on Thanksgiving, cops and sources said. The two 27-year-old tourists saw Elliot Brightman, 61, playing a shell game at Broadway and West 49th Street around 3:15 pm. Thursday when they decided to try their hand at it, authorities said. One of the women threw down $1,000 for Brightman’s game, which involved three bottle caps and a small ball on a table, cops said. The aim of this notorious game/scam is to try and keep an eye on the bottle cap with the ball underneath as the caps are moved around.

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#ABKLaw BLOG by Michael Jaccarino: Arrested Stockbrokers and Wall Street Employees – FINRA Collateral Consequences and Reporting Requirements

Arrested Stockbrokers and Wall Street Employees – FINRA Collateral Consequences and Reporting Requirements. Stockbrokers, financial analysts, and other people who work on Wall Street or in the financial industry, like everyone else, are subject to the laws of New York State and New York City. When a stockbroker or financial industry employee violates one of these laws, whether it occurs in or outside of their employment, they will be arrested. However, unlike normal citizens, these professionals must deal with not only the arrest itself and the crimes charged, but more importantly, the effect that the arrest and the prosecution will have on their job and career. Unfortunately, the consequences can be felt immediately and well before the case has a chance to make its way through the criminal justice system.

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#ABKLaw BLOG by Michael Jaccarino: What Happens When A Department Of Sanitation Worker, Or An Employee Of Another City Agency, Gets Arrested?

What Happens When A Department Of Sanitation Worker, Or An Employee Of Another City Agency, Gets Arrested? There is a mistaken belief sometimes that you are convicted of a crime and serve your sentence, then you will have paid your debt to society – and that’s the end of it. But that is far from the end. Collateral consequences surely exist, which are separate from any direct ones you may face from pleading guilty or being convicted in court. If you are accused of a crime, it’s important to understand the full scope of what a conviction really means for your future, including the collateral consequences involved. In New York City, individuals who are employed by the city face additional unpleasantness. Oftentimes, their job is on the line.

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#ABKLaw BLOG by Michael Jaccarino: Ruth’s Chris stabber arrested….was she justified?

Ruth’s Chris stabber arrested….was she justified?
Joan Thompson, a Costco supervisor and mother of two sons, was arrested Friday after stabbing a fellow diner at popular Manhattan steakhouse Ruth’s Chris. The police and prosecutors say that
her actions were criminal, and that Ms. Thompson ran from the scene without paying. But Ms. Thompson’s family claims that she was acting in self-defense. “This is not even her fault,” Thompson’s dad Carlos Stapleton said outside of Manhattan Criminal Court after her arraignment.

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#ABKLaw BLOG by Michael Jaccarino: RESULTS – “All Criminal Charges Dismissed and Sealed!”

RESULTS – “All Criminal Charges Dismissed and Sealed!” A client being represented ABK Partners Michael Jaccarino and John Esposito, who was facing serious assault accusations, had all of her criminal charges vacated in Manhattan Criminal Court last week. The client, who is a New York City public school teacher, faced potential loss of employment if she were to be convicted of the crimes charged.

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#ABKLaw BLOG by Michael Jaccarino: The importance of a trial to the criminal justice system

THE IMPORTANCE OF A TRIAL TO THE CRIMINAL JUSTICE SYSTEM.

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 them, as does a client who was in our office this morning and told me that he took a plea as opposed to going to trial because he was confident that he would not get true justice in this system. This is a major problem.

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#ABKLaw BLOG by Michael Jaccarino: What is Vehicular Manslaughter in the First and Second Degree?

What is Vehicular Manslaughter in the First and Second Degree?

New York State law, and especially New York City laws, are tough on those caught drinking and driving. Even a first-time offender could be facing jail time. But if a person driving while intoxicated causes the death of another, the crimes charged are incredibly more serious, and the prosecutor will absolutely be looking for jail time under the charge of vehicular manslaughter.

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