Fled US with an Open Criminal Case
I Fled U.S. With an Open Criminal Case, And Now Want to Come Back, What Do I Do? A very common question that we get as criminal defense attorneys is what a client should do after they fled US with an open criminal case and are now looking to come back to the United States....
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Can I testify in the Grand Jury?
In New York State, individuals accused of crimes have a right to testify in the Grand Jury. A Grand Jury must hear all felony matters to decide if there is enough evidence to charge someone with a crime. Felonies are crimes that are punishable by more than one year in prison. In New York State,...
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NY Green Light Law & Prior Fraudulent Application
NY Green Light Law & Prior Fraudulent Application Since December 2019, New York's Green Light Law has been in effect. Under NY Green Light Law, any New York State Resident over the age of 16 can apply for a non-commercial drivers license or permit regardless of citizenship or lawful status in the United States. Thus,...
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New York Domestic Violence Survivors Justice Act
New York Domestic Violence Survivors Justice Act (NY DVSJA) was passed in May 2019. This recently enacted law permits the courts to sentence victims of domestic violence to lower alternative sentences if the individuals meet certain statutory requirements. This charge is codified in the recently enacted Penal Law Section 60.12. Additionally, as of August 12,...
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What is a 5K1 Letter?
A 5K1 letter is a document that the U.S. Attorney's Office files with the federal district court judge to seek leniency on your behalf with the Court at sentencing. 5K1 letters, which are also disparagingly called "snitch letters," or "snitch credit" are given to defendants who cooperate with the Government and provide substantial assistance in...
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What is a CPL 440.10 Motion?
CPL 440.10 Motion is filed criminal cases to vacate the judgment of conviction. Unlike a direct appeal, that addresses things that went wrong during the trial based on the trial transcript, a CPL 440.10 motion isn't just based on what happened at trial, but on everything else that happened in the case. This includes issues...
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Should I Take a Plea or Go To Trial? Eight Steps to Your Decision.
"Should I take a Plea or Go to Trial" is one of the most frequent questions clients ask after their case gets past through initial stages and the prosecutor offers a plea deal. It is a question our attorneys have answered hundreds, if not thousands of times. Here is some guidance gathered on both sides...
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Criminal Charges for Giving Someone an STD in NY
In New York, in addition to civil liability, there may be criminal charges for giving someone an STD. Since 2017, New York's Public Health Law Section 2307 criminalizes knowingly giving someone an STD. Elements of NY Public Health Law Section 2307 NY Public Health Law Section 2307 is titled "Venereal Disease; Person Knowing Himself to...
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What is NY Shock Incarceration and How Do I Qualify?
NY Shock Incarceration allows individuals who will become eligible for release on parole or a conditional release within three years to participate in a rigorous six month program and qualify for release at the successful completion of the program. Who is able to participate in NY Shock Incarceration? Section 867 of the New York Corrections...
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What Is ACD Under NY Law
You may be wondering what a NY ACD is if you have spent any time in New York Criminal Court. In simple terms, an Adjournment in Contemplation of Dismissal (commonly called "ACD" or "ACOD"), is the winning lottery ticket of a resolution for a criminal matter. Ultimately, if you stay out of trouble for a...
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Difference between a NY determinate and indeterminate sentence
Determinate vs Indeterminate Sentences in New York New York State divides felony matters into two categories – those with determinate and indeterminate sentences in NY. Simply put, determinate sentences, sometimes called “flat” sentences, run for a specific period of time, such as 5 years or 10 years. Indeterminate sentences, however have a range of time...
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What is a New York SCI – Superior Court Information?
Under New York Law, a District Attorney can issue a Superior Court Information (in NY commonly called "SCI"). This document holds the same weight and power as a Grand Jury Indictment. However, these documents are very different from each other. CPL 200.15: NY SCI Defined The legal definition of what a Superior Court Information is...
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