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Criminal Defense Archives

Graffiti as a crime in New York

New York is a popular place for artists, especially in the city. It is not only professional artists with studios and exhibits who are recognized – graffiti artists have gathered a large following in recent years, some of them obtaining celebrity status. In fact, many tourists look for signature graffiti pieces by famous graffiti artists in large cities across the country.

Accusations against producer extend beyond Hollywood

New York residents who hear reports of people being charged with offenses involving sexual acts or harassment in some form may often not know which side of a story to believe. The reality is that sometimes it is hard to tell what really has happened in a situation, especially if there was a long delay between when some form of sexual offense is said to have transpired and when it is finally revealed. An example of this can be seen in a recent case involving a famous motion picture producer.

Did your partner consent to your actions?

Like most in New York, you likely never even considered the possibility of having to defend yourself against accusations of sexual assault. Yet you might suprised how easily a romantic encounter that you believed to be completely consensual later results in such a scenario. The fear that you and many others in such a situation may have is that the benefit of the doubt often goes to the accuser (after all, why would he or she make up such a thing, right?). Yet all sexual assault cases do not automatically come down to a scenario of "he said, she said." Rather, the burden of proof can often lie with both sides. 

Criminal Justice Reform Act lowers some misdemeanors to infractions

New York City's Criminal Justice Reform Act was signed into law a year ago by Mayor de Blasio. It was largely intended to reduce backlogs in the courts and to cut back on the vast inmate population at Rikers Island.

Police control body camera footage. Is it fair?

Every day, more police departments are incorporating body cameras to record day-to-day activities. Here in New York, up to 20,000 police officers are recording their interactions with New Yorkers. Just one service that provides cloud storage for body camera footage reports that they have already uploaded 4 million hours worth of footage. 

What you need to know about medical marijuana in New York

Depending on the nature of their conditions, some patients in New York may be able to secure medical marijuana for treatment and pain management purposes. This is good news for certain individuals, but the regulations and laws surrounding the dispensing and appropriate use of this product are strict, and any misuse could lead to criminal charges.

Twenty-five percent of the world's prisoners are in U.S. jails

Your recent arrest is no doubt weighing heavily on you as you await your trial. You are probably concerned about the sentence you will receive if a jury convicts you because the crime of which you are accused carries heavy minimum penalties. Maybe you are also aware that, if the court gives you the chance, you could change your life for the better-a chance that incarceration won't offer you.

Corrupt police: How a good attorney can help

Earned, unearned, or the result of far too many gritty television dramas, New York law enforcement officers often have reputations as corrupt or willing to bend the law themselves. If your experience with a corrupt member of law enforcement ended with your being arrested and charged with a criminal offense, you need an experienced, aggressive attorney to help you make things right.

Report finds faults in many forms of forensic science: 3 key findings

Forensic science is defined by Black's Law Dictionary as "evidence that can be used in court based on science. It can be blood tests, ballistics, and DNA." The accuracy of these tests has often been questioned. A report recently released by the President's Council of Advisors on Science and Technology appears to support these concerns.

Three things to do if stopped by the police in New York

Police have the right to briefly stop you, but only if there is reasonable suspicion of wrongdoing. This caveat is important and could come up if a stop leads to criminal charges. If it is later found that an officer conducted a stop without reasonable suspicion, the charges could get thrown out.

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