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Posts tagged "Criminal Defense"

What is the difference between a pardon and a commutation?

You may be one of many people in New York with questions about executive clemency after a series of well-publicized cases in the news. The President of the United States, as well as state governors, have the right to show clemency to people convicted of a crime. In other words, if you go to prison after a criminal trial, officials of the executive branch of government at both the state and national levels are able to change the terms of your sentence upon review of your case.

What is conspiracy?

Essentially, a conspiracy consists of two different aspects: a plan among two or more people to commit an unlawful act and an action taken toward the completion of that act. According to FindLaw, if you involve yourself in a conspiracy to commit a crime in New York, and you and your co-conspirators successfully complete the crime, you may not only face charges for the crime itself but for the conspiracy as well. Even if you and your alleged co-conspirators did not complete the crime, you may still face conviction on conspiracy charges. Therefore, involvement in a conspiracy can carry some pretty serious legal consequences.

The test for legal insanity in criminal cases

When a court suspects that a criminal was legally insane at the time he or she committed the crime for which he or she stands trial, it may not hold the person accountable by reason of insanity. For an insanity defense to apply in New York, the defendant must prove that he or she did not comprehend what he or she was doing; that he or she acted on an irrepressible impulse; or that he or she failed to distinguish right from wrong at the time of the crime. To ensure that defendants do not abuse the insanity defense, the courts have implemented a four-part test. 

Defendants' right to speedy trial noted in decision

People in New York who find themselves arrested and facing criminal charges know they are in a tough position. They should also be able to know and trust that their rights will be respected through the entire criminal justice process. One of the rights that every defendant is supposed to be entitled to is the right to a speedy trial

Have you been accused of domestic violence or assault?

In New York City, crimes of domestic violence and assault are taken very seriously. If convicted, you could end up facing heavy penalties like lengthy periods of jail time, large fines, and the stigma that comes with having a felony on your record. Neil S. Ruskin, attorney at law, is here to help you through this difficult period in your life.

What is asset forfeiture?

For New Yorkers who don’t believe in the adage “crime doesn’t pay,” some crimes might seem worth the risk of getting caught. Law enforcement agencies know this. To lessen the appeal of lucrative crime ventures, they use the rules of asset forfeiture.

Former agent facing multiple criminal charges

Many people in New York work in industries or jobs that put them in a position to access or know sensitive and confidential information. In some cases, this informaiton is required to be known by them and even to be shared with others by them in order for them to do their jobs. The lines between what falls in that category and what may be considered inappropriate use or dissemination of information can at times be very thin or blurry. On the other side of the line may be legal or even criminal consequences.

Criminal arrest processes in New York

Most people in New York are aware that there may be many nuances to laws that at times might make it hard to know exactly what is legal and what is not. It is also well known that there may be many steps involved in a single criminal case and each of these steps has associated procedures that must be followed exactly by both defendants and prosecution teams. 

Woman facing charges for alleged sex trafficking

People in New York who find themselves suddenly charged with serious crimes learn quickly the importance of remembering that the criminal justice system provides them with the guaranteed opportunity to be treated fairly and defend themselves. People are to be considered and assumed innocent unless they are proven guilty. Along the way, proper evidence must be provided to prove that supposed guilt. 

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