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...
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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....
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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...
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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
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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?
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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...
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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...
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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...
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What is a NY Conditional Discharge in a Criminal Case?
Under NY Criminal Procedure Law Section 65.05, a NY conditional discharge in a criminal case is a type of sentence that does not involve imprisonment or probation supervision.
Conditions Set by the Court on a Conditional Discharge Sentence
Rather,...
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What To Do When You Are Arrested for Drunk Driving
Getting arrested for drunk driving may just be one of the worst ways to end your night. Here is advice on what to do from experienced DWI criminal defense attorneys to minimize or eliminate your criminal exposure:
1. Remain Calm and Polite
When you see...
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What is New York 30.30 time and how is it calculated?
An Overview Of New York's 30.30 Speedy Trial Law
You may be asking yourself what is 30.30 time that everyone keeps talking about in New York Courts? What is a 30.30 speedy trial dismissal? What is a 30.30 time waiver? Below is everything you need to know about New York's Speedy Trial time...
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A detective contacted me – what do I do?
Finding out that a detective wants to speak to you may be to be one of the most stressful and unnerving experiences in life.
Speak to an Attorney Before you Speak to the Detective
It is natural is to inquire why they're contacting you. However,...
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