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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…
How Does The Grand Jury Work In New York?
The Michael Brown and Eric Garner cases have gotten a lot of attention lately. And because in both instances the grand jury failed to indict, the grand jury system has also gotten a lot of attention. It seems like the process itself has come under…
Criminal Liability For Another’s Actions
Suppose three people named Adam, Brian, and Charlie decide to rob a bank. They devise a plan in which Adam is going to go in first and announce that a robbery is occurring. The plan is for him to take out a gun and to…
When Is A Police Officer Allowed To Use Deadly Force?
There is obviously a lot of talk in the media lately regarding whether Police Officer Darren Wilson was legally justified in killing Michael Brown. In addition, Akai Gurley was fatally shot by a police officer in Brooklyn a few days ago. People tend to get…
How Does Law Enforcement Determine Your Blood Alcohol Content?
Suppose a person has a few glasses of wine with dinner and then drives home. Right before getting home, he turns onto his block without signaling. A police officer then pulls him over and detects an odor of alcohol coming from his breath. The officer…
What is Entrapment?
Everybody seems to have at least some understanding of entrapment. From a common layperson’s perspective, the idea usually comes up in the context of a situation where an under cover cop pretends to buy or sell an illegal product or service and then arrests the…
Accomplice Corroboration Requirement In New York
Using the testimony of a person who “has turned state’s evidence” is a common and effective tool used by prosecutors throughout the United States. There are many different circumstances in which a prosecutor’s office would want to do this. An example would be a circumstance…
What Are Gravity Knives In New York?
Under New York law, a person who possessed a gravity knife can go to jail for up to one year. If that same person has previously been convicted of a crime, then the possession of the knife is a felony offense and depending on what…
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