Category: Uncategorized

Arrests are very common and generally after a person gets arrested there is a set procedure that happens on all criminal cases. As a matter of fact, 255,592 adult arrests were made in New York State in 2020. But that doesn’t mean that being arrested is not a scary process. Being arrested can still be...

Grand Jury immunity is sometimes conferred to individuals that testify before the Grand Jury. Whether Grand Jury immunity is conferred depends on the status of the individual who is testifying before the Grand Jury. That is to say, whether you are a witness or a defendant (or someone who is the target of the Grand...

Typically, when you think of discovery on criminal cases, it is the discovery by the Government or the prosecutor that comes to mind. Although not as common, there are also defense discovery obligations that apply to criminal cases. What Laws Govern Federal Defense Discovery Obligations? Federal criminal discovery is far more limited than that of...

In 2020, New York introduced bail reform, which eliminated cash bail in approximately 90% of all cases pending in New York State criminal court. Thus, codifying which bail conditions judges can set on criminal cases. It is estimated that because most cases are no longer eligible for bail, the jail populations have been reduced by...

Detention hearings are evidentiary hearings that are conducted by Magistrate Judges or District Court Judges to determine if an individual should be detained pending the resolution or sentencing on a federal criminal case. Who Conducts a Federal Detention Hearing? A federal detention hearing is conducted by a judicial officer, as that term is defined in...

If your attorney is counseling that you should consider going in for a proffer session, you may be asking yourself, what is it and how to prepare for a proffer session? You are not alone in asking that question. That is because proffer sessions are rarely used in New York state practice, although they are...

New York Child Pornography cases are aggressively prosecuted under both New York State and federal law. Some of these cases have mandatory minimums, while others are punishable by significant jail time. These are some of the frequently asked questions regarding New York Child Pornography cases. How Do Police Conduct Child Pornography Investigations? The police or...

New York Youthful Offender Adjudication is a special provision in the Criminal Procedure Law that allows young people avoid having a permanent criminal record. Individuals who receive a Youthful Offender adjudication are considered not to have a criminal record because a Youthful Offender adjudication is not considered a criminal conviction. Although Youthful Offender cases are...

If you have been sentenced to probation, you may be wondering if you can terminate probation early. The short answer is that you may be able to terminate your probation early if certain conditions are met. How Long Do I Need to Be On Probation Before Applying for Early Termination? Usually, you will need to...

It is important to understand whether you will be detained after a guilty plea in federal court. In some situations, you may be detained after the plea pending sentencing. Yet, in some other situations, you can be released. While you may not necessarily be detained after a guilty plea in federal court, it is important...

Anyone with a criminal case has probably wondered, what happens to my case if a witness doesn't show up for court? Generally speaking, if the prosecutor cannot get the witness to come testify at trial within a certain time period, the case will be dismissed. That is, if the prosecutor is absolutely unable to proceed...

One of the most stressful things about having a criminal case is keeping track of your appearance dates. Undoubtedly, life may have gotten in the way and you missed your court appearance. Here is what to do if you missed your court appearance. 1. Do Not Worry The first thing that you should do is...