On October 1, 2018, Raise the Age will go into effect in New York State and will be fully implemented by October 1, 2019. This means that 16- and 17-year olds will no longer be prosecuted in adult criminal courts; … Continue reading →
A Manhattan judge recently ordered a hearing to determine if a defendant was wrongly advised about whether his guilty plea to criminal possession of a controlled substance would have immigration consequences. In People v. George, 2000NY055185, NYLJ June 23, 2017, … Continue reading →
In a unanimous 8-0 decision, the United States Supreme Court has struck down a 10th Circuit ruling which held that a child who has disabilities and receives an Individualized Education Program (IEP) is receiving an adequate education as long as … Continue reading →
The Appellate Term recently reversed a case from Queens County Criminal Court because, among other issues, the prosecution failed to show that the defendant’s use of marijuana was in a public place. The facts failed to show that the premises … Continue reading →
A grandparent may him- or herself be taking care of a grandchild because the parent is unable. It may become important for that grandparent to file a custody petition in Family Court in order to get an order that can … Continue reading →
The right to an attorney for a a person accused of child abuse or neglect in Family Court begins only at the first court appearance, not at a preceding child safety conference. A parent, for example, may come into contact … Continue reading →
After an arrest where identification is in question, whether of an adult or a juvenile, it is important to test the reliability of the procedure that the police used. This is done at a hearing held before the trial. The … Continue reading →
The New York State legislature will be considering a new law that would require the police to give juveniles a clearer warning of their rights to remain silent and to have a lawyer. Most people know about “Miranda” warnings, at … Continue reading →
A Westchester County court recently held that Facebook tagging of a person covered by an order of protection can be a violation of that order. The order can be violated if the order prohibits contact between the parties and the … Continue reading →
In the recent Queens County case of People v. Clermont, 11-4-15, the Appellate Division Second Department reversed a judgment and dismissed the indictment, overruling the lower court’s denial of suppression of a handgun. In this Queens case, the police were … Continue reading →
A Queens County judge has dismissed a drug possession case against a defendant because the Criminal Court complaint failed to show a nexus between where the drugs were found in a house and where the defendant was located during the … Continue reading →
The Second Department recently upheld the suppression of evidence by a Queens County court. In People v. Morris (2124/12) the Appellate Division held that the defendant’s dropping a black plastic bag in his driveway did not allow a warrantless search. … Continue reading →
The First Department just reversed a Family Court’s ruling which denied suppression of a gun found in a juvenile’s shoe. In Matter of Jamal S., the Appellate Division held that the police search of a 15 year old which resulted … Continue reading →
Family lawyers who represent juveniles in criminal matters in Family Court must be aware of New York State’s Criminal Procedure Law, Penal Law, and Family Court Act. When the police stop and arrest someone and there is a search and … Continue reading →
It is of the utmost importance that a criminal lawyer keep abreast of recent cases and rulings made by the courts. When trying a case, a criminal lawyer must be aware of their client’s constitutional rights and the essential elements … Continue reading →
An important element in criminal law is an accused’s right to remain silent in the face of police interrogation. The issue often is what kind of questions are considered interrogation and what are not. If you are in police custody … Continue reading →
Juveniles who are arrested are generally prosecuted in Family Court. There are similarities, but also many differences between prosecutions in Family Court and Criminal Court. In Family Court, Family Court Act (FCA) Article Three governs juvenile delinquency proceedings. The speedy … Continue reading →
If someone is arrested and charged with one or more felonies, the prosecution will serve notice pursuant to Criminal Procedure Law 190.50 that the case will be heard by a Grand Jury. This is one of the preliminary steps in … Continue reading →
The Family Court Act gives the Family Court jurisdiction to issue orders of protection to people in a protected class even if they are already complainants in Criminal Court. The Family Court handles cases involving disorderly conduct, harassment, aggravated harassment, … Continue reading →
