Recently, a state appellate court issued a written opinion in a New York assault case requiring the court discuss an issue that is important to understand for all who are facing New York criminal charges. The case presented the court with determining whether the defendant’s conviction was supported by the…
New York DWI lawyers must understand the science as well as the law. Under long-standing U.S. Supreme Court case law, the prosecution must disclose all evidence that is material to guilt or innocence to the defense. This means that in a New York DWI/DUI case, the prosecution has an obligation…
New York criminal law does not, generally speaking, attach criminal liability to actions that are not accompanied by the requisite level of “guilty knowledge,” or mens rea. Thus, most New York crimes are broken down into at least two elements, the “act” element, and the “knowledge” or “intent” element. Even…
Recently, a state appellate court issued an opinion in a New York criminal law case discussing whether a police officer’s search of the defendant’s backpack was lawful. The Court examined whether the defendant abandoned property as a result of lawful or unlawful police conduct. Ultimately, the court concluded that the…
A state court recently issued an opinion in a New York gun possession case requiring the court to determine if a gun found in the defendant’s motor home was the product of an illegal search. Ultimately, the court concluded that the defendant’s motorhome was afforded the same protection as any…
Recently, a state court issued a written opinion in a case involving allegations that the defendant violated a New York order of protection. The case required the court to determine if the defendant was correct in asserting that the police entered her home without a warrant and without sufficient cause…
Generally, a defendant in a New York criminal trial does not go to trial expecting that they will be found guilty. On the one hand, if a defendant is innocent of the crimes charged or believes the case against them to be weak, they will fight the case in hopes…
The Federal and New York State Constitutions provide citizens who are charged with New York crimes certain rights that must be respected. In addition, there are certain statutes that grant New York criminal defendants additional rights. In the event that any government agent – including police and prosecutors – fails…
In the past, we have written several blogs about the importance of suppression in criminal cases in general and specifically with DWI cases. Recently, a court granted a defendant’s motion to suppress in a New York DUI case that was initiated by police officers pulling the defendant over for having…
Late last month, a state appellate court issued a written opinion in a New York DUI case requiring the court to determine if the police officer that stopped the defendant possessed probable cause to do so. Ultimately, the court concluded that the police officer did not have probable cause to…