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When The Police Can Search You: Part Two
In the previous blog post, I wrote about the circumstances under which a police officer may search someone they encounter on the street within the confines of the federal constitution. In other words, it attempted to answer the question of to what extent does the…
When The Police Can Search You: Part One
New York City criminal defense attorneys are often always asked under what circumstances can the police search you, your car, or your home. People tend to know that the 4th Amendment stops the police from conducing unreasonable searches and seizures, but beyond that there’s a…
How Does Bail Work In The Federal System?
In the last few blog posts I’ve discussed how bail works in the New York State Court system, the different kinds of bail bonds that exist, and how a surety hearing works. In this post I’m going to briefly tackle how bail works in the…
What Is A Surety Hearing (Known As Bail Sufficiency Hearing)?
An observer at a New York City criminal court arraignment may hear a judge set bail in a certain amount and will then hear the judge say “and I am ordering a 72-hour surety.” Clients, their families, and defense attorneys are annoyed when they hear…
What Are The Different Kinds Of Bail That Exist In New York State
In my previous post, I discussed how bail works in New York. The next question that usually comes up when discussing this topic is: what are the types of bail that exist? What happens after a judge just set a dollar amount of bail necessary…
What is bail in New York and how does it work?
In any jurisdiction in the United States, a person who is accused of a crime is presumed innocent unless and until his guilt is proven beyond a reasonable doubt as to each element of every crime charged in either an indictment or other accusatory instrument.…
Differences Between Federal and New York Criminal Prosecution
I am often asked by clients to explain to them the differences between the criminal justice system on the state and federal level. I will try to explain some of the differences in both a succinct way and then in a more elaborate way. Some…
Why Don’t We Think Ramos Did It?
Suppose hypothetically speaking that a six-year old child disappeared without a trace in lower Manhattan in 1979. Suppose further that there are two suspects in this disappearance. One is a mentally diminished man who worked at a local deli just a few blocks from where…
Judge Refuses to Release Eric Garner Grand Jury Minutes
The New York Times reported this morning that a Staten Island judge has refused to release the minutes from the Eric Garner Grand Jury Proceeding. This is not even remotely surprising. Generally speaking, Grand Jury minutes are rarely released. The concept of Grand Jury secrecy…
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