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18 Jan

Posted at 11:22h in Blog, Criminal Law
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.

07 Jan

Posted at 20:56h in Blog, Criminal Law
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.

05 Jan

Posted at 14:20h in Blog, Criminal Law
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.

27 Dec

Posted at 15:51h in Blog, Criminal Law
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.

09 Dec

Posted at 11:40h in Blog, Criminal Law
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.

28 Nov

Posted at 16:41h in Blog, Criminal Law
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.

21 Nov

Posted at 14:22h in Blog, Criminal Law
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.

14 Nov

Posted at 20:49h in Blog, Criminal Law
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.

06 Nov

Posted at 11:38h in Blog, Criminal Law
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.