A dismissal without prejudice ends the proceeding covered by the order, but it may leave open the possibility of new charges. Whether prosecutors can bring those charges depends on the reason for dismissal, the applicable deadlines, the procedural history, and any statutory or constitutional bar. The next step is to understand what the dismissal actually...

“Hey Fast, nice picture of you in Newsday.” Some days, this is how my day starts. Despite my best efforts, in New York state court, media outlets can get permission from the Judge to videotape or photograph criminal proceedings. In high-profile cases, media coverage becomes part of the case itself and part of our everyday...

Federal charges and state charges are not the same game. Treating them like they are is one of the most expensive mistakes a defendant can make, and by "expensive" we mean years of your life. If you are facing a federal investigation or believe you may be a target, retaining a criminal defense attorney for...

A phone call saying that your spouse, child, parent, or another loved one has been arrested by federal agents can leave you scrambling for answers. You may not know where they are, what they have been charged with, or when you will be able to speak with them. The most important things you can do...

New York Juvenile Court process is confusing to say the least. Although it is very similar to the adult criminal court process, there are many differences and similarities. Therefore, if you or your child are dealing with a criminal matter in family court, it is essential to hire not only an excellent criminal attorney, but...

For a professional whose career depends on any type of license, a criminal investigation can threaten far more than freedom. Something as unofficial as an accusation can affect every aspect of your life, let alone an arrest, charge, or conviction. In some circumstances, collateral consequences can arise even before a criminal case is resolved. That...

A federal target letter means prosecutors believe they have substantial evidence linking you to a crime and consider you a potential defendant. If you are identified as a subject, your conduct falls within the scope of the investigation, but prosecutors have not necessarily reached the same conclusion. Either status deserves immediate attention. Federal investigations can...

A federal grand jury subpoena is a legally enforceable demand for testimony, documents, electronic records, or other evidence connected to a criminal investigation. If you receive one, you generally cannot ignore it, but you should speak with a federal criminal defense lawyer before providing records or appearing to testify. A subpoena does not necessarily mean...

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...