In federal criminal cases, “3500 material” generally refers to qualifying prior statements of a government witness that relate to the subject matter of the witness’s testimony. Under 18 U.S.C. § 3500, a court generally may not compel production of those statements until after the witness has testified on direct examination. Prosecutors sometimes provide Jencks Act...

Yes, jurors can believe testimony from a cooperating witness, but they are not required to do so. In New York criminal cases, jurors are instructed to carefully evaluate whether a cooperator's testimony is reliable, particularly when that witness expects to receive a reduced sentence or other benefit in exchange for cooperating with prosecutors. When a...

If the prosecution misses the applicable deadline under New York Criminal Procedure Law § 30.30, the court may dismiss the criminal charges, but dismissal is not automatic. Whether a case is dismissed depends on how much time is chargeable to the prosecution and whether the defense properly raises the issue. When you are facing criminal...

When Does Shoplifting Become a Felony in New York? Most people think of shoplifting as a minor offense, but New York law treats retail theft as a form of larceny. The value of the property that was allegedly taken plays a major role in determining whether prosecutors pursue misdemeanor or felony charges. Generally: Property valued...

I recently argued a Motion for Early Termination of Pretrial Intervention and won! Our client was arrested for having a gun at an airport. Our client completely forgot he had the gun as he had just learned that a family member had passed away. In other words, the entire incident was truly a mistake. We...

What Counts as Shoplifting in New York? Under New York law, shoplifting is prosecuted as larceny, the wrongful taking of another person's property with the intent to permanently deprive them of it. This covers far more than simply walking out with an unpaid item. Concealing merchandise, switching price tags, or trying on shoes and walking...

Dismissed With or Without Prejudice Not all dismissals are equal. If charges are dismissed with prejudice, the same charges cannot be brought against you again. If they are dismissed without prejudice, prosecutors may be able to refile the charges later if new evidence emerges. Knowing which applies to your case matters just as much as...

What Petit Larceny Means Under New York Law Under Penal Law Section 155.25, a person commits petit larceny by stealing property, regardless of its value. It is a Class A misdemeanor punishable by up to one year in jail, though jail time is rarely the actual result. Because there is no dollar threshold, petit larceny...

Understanding where your charge falls, and what it means for your future, is the first step toward building an effective defense with a criminal defense attorney. What Is a Misdemeanor in New York? A misdemeanor is considered less serious than a felony, and the punishment reflects that distinction. While felony convictions can lead to years...

Because wiretaps allow law enforcement to intercept private communications, federal law imposes strict requirements before a judge can authorize their use. What Is a Federal Wiretap? A wiretap is a court-authorized method that allows law enforcement agents to intercept and monitor certain communications, including telephone calls and, in some circumstances, electronic communications. Federal wiretaps are...

If you have been convicted of a misdemeanor in New York, one of the first questions you probably have is how long that conviction will follow you. The answer matters for nearly every major decision ahead of you, from applying for a job to renting an apartment. At The Fast Law Firm, our team has...

That being said, ACDs are not always the right choice for a case, it is important to understand how they work, what conditions may apply, and what consequences can remain during the adjournment period. What Is an Adjournment in Contemplation of Dismissal? Under New York Criminal Procedure Law § 170.55, an ACD is an adjournment...