Category: Criminal Law

#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.

Read More »

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.”

Read More »

#ABKLaw BLOG by Michael Jaccarino: If you are arrested and an order of protection is issued, you now may be able to get back into your home.

January 18, 2023

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.

Read More »

#ABKLaw BLOG by Michael Jaccarino: Rockstar and lead singer of Cage the Elephant Arrested and charged with two counts of Criminal Possession of a firearm

January 7, 2023

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.

Read More »

#ABKLaw BLOG by Michael Jaccarino: Would you let an AI robot handle your criminal defense?

January 5, 2023

Blog – Would you let an AI ROBOT handle your criminal defense?

A robot is about to defend an accused person in court. A person who is charged with a crime.
If true, this artificial intelligence robot will be the first ever to advise someone in a court of law. The AI, which will physically be located in the defendant’s phone, will listen in on the court proceedings, and then advise the defendant through an earpiece.
“The World’s First Robot Lawyer,” as it is called, was initially designed to battle parking tickets, but has been greatly expanded.
The first AI court trial will be held in February, with details like specific dates and locations being protected by the app which markets it.

Read More »