Category: Criminal Law

#ABKLaw BLOG by Michael Jaccarino:  What Should You Do If You Receive a Subpoena Duces Tecum?

June 27, 2022

What Should You Do If You Receive a Subpoena Duces Tecum?

First, contact a lawyer at Aidala, Bertuna & Kamins!

The service of subpoenas is perhaps the most dramatic way federal, state, or local government offices exercise their authority. But if you are someone who has received one, it can be unpleasant and downright scary. Generally, a subpoena is an official document, sometimes signed by a judge, attorney, or grand jury foreman, seeking the production of documents and / or your physical appearance at an official proceeding.

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#ABKLaw BLOG by Michael Jaccarino:  What Should You Do If You Get a Subpoena to Testify in the Grand Jury?

June 13, 2022

What Should You Do If You Get a Subpoena to Testify in the Grand Jury?

First, contact a lawyer at Aidala, Bertuna & Kamins. How can a lawyer from ABK help you?

What is a subpoena? A subpoena is a document backed by the power of the courts. A subpoena will generally require one of two things from you. Either the officers of the court are asking you to produce documents that they think may serve as probative evidence in their inquiry, or they’re asking you to come in person and answer questions, testifying about whatever matter they’re delving into.

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ABKLaw IN THE NEWS: HON. BARRY KAMINS (Ret.) New York Law Journal / Law.com: “Bail and Discovery Reform: The Third Round”

June 6, 2022

ANALYSIS

Bail and Discovery Reform: The Third Round
A third iteration of changes to the bail and discovery statutes are not transformative but do present a mixed bag for prosecutors and defense counsel.

Amid the intense debate over bail and discovery reform in the legislative session that has just ended, the Legislature enacted a third iteration of changes to the bail and discovery statutes. Although certain political leaders called for substantial revisions of these laws, the changes were not transformative but do present a mixed bag for prosecutors and defense counsel. The changes were effective on May 9th (L. 2022, Ch. 56).

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#ABKLaw BLOG by Michael Jaccarino:  What does it mean to ATTEMPT to commit a crime?

May 23, 2022

When does an attempt to commit a crime have equally serious consequences as committing the actual crime itself?

In certain situations, an individual intends to commit a crime but falls short. In other situations, prosecutors charge individuals with attempting to commit a crime that the person had no intention to commit. Either scenario can have drastic consequences for the person charged.

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#ABKLaw BLOG by Michael Jaccarino:  The Importance of the Defense Federal Sentencing Memorandum

May 18, 2022

Approximately 97% of all federal criminal defendants plead guilty. Over 80% of the remaining individuals who proceed to trial are convicted. There is, therefore, over a 98% chance that a person charged with a federal crime will ultimately face a judge for purposes of sentencing. “How much time am I going to do?” For most individuals, this is a key concern. The following tips will help attorneys and their clients obtain the lowest possible sentence.

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