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December 2015 Archives

Recap of reforms, criminal justice system successes in 2015

When residents in New York are accused of a crime, he or she will likely work hard to develop a strategic criminal defense. While this could help some defendants dismiss the charges against them, others are convicted of lesser charges or even the original crime. Because the long-term consequences of some crimes could have a lasting personal and professional effect, it is important that criminal defense options are still considered even after the accused is convicted and sentenced.

Assault in the first degree and defenses available to defendants

When New York residents are accused of a crime, certain elements of the crime must be proven to convict the accused of the alleged crime. With regards to an assault charge, the defendant must meet the basic requirement for the crime in order to result in a conviction. And while violent crimes such as assault could carry serious penalties, these could be avoided if the accused is able to prove that intent to carry out the alleged crime did not exist.

Stop-and-frisk encounters have dropped substantially in New York

The law allows police officers to stop individuals if they are suspected of a crime. During this stop, if a police officer believes that a criminal suspect might have a weapon concealed on his or her body, the officer might be able to search that person for a weapon. However, if there is not reasonable suspicion to support that a search was necessary, this search could be deemed a violation of the suspect's constitutional rights.

Can the failure to pay child support lead to misdemeanor charges?

When divorced or separated parents in New York and elsewhere encounter financial trouble, they do not often consider the possibility of facing criminal charges in these situations. However, when child support is ordered following a divorce or split of an unmarried couple, obligations are placed on the parent required to pay support for their child or children. Moreover, the failure to pay child support could result in a parent being charged with a misdemeanor.

Helping New York residents make a defense against misdemeanors

While the act of driving is considered a privilege, it is often treated like a necessity for many New York residents. Whether an individual drives for a living, requires a car to get to their job or relies on a vehicle to get around, losing the ability to drive due to a criminal traffic violation could disrupt a person's personal and professional life.

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