James M. Wagman, Attorney at Law
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Posts tagged "Criminal Defense"

How can criminal defendants suppress evidence?


When New York residents are charged with a crime, evidence was likely collected at a traffic stop or a supposed crime scene. And while this evidence is being used to charge the accused, a defendant might have doubts regarding the reliability and legality of the recovery or admittance of the evidence being used. When this occurs, a criminal defendant might seek to suppress the evidence.

Foreseeability used as vehicular homicide criminal defense


When a New Yorker is accused of a crime, he or she might face multiple charges. In some cases, an arresting officer or prosecution might attempt to charge the New Yorker with crimes beyond the scope of the originating crime or as many crimes he or she can. Such a situation could mean harsh and serious penalties for the defendant, if they are convicted. Therefore, it is important that the accused makes a strong defense, so he or she is not convicted of a crime he or she did not commit.

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.

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.

Understand your New York criminal defense options


Facing serious New York criminal allegations can be a pressing time for any individual, no matter his or her criminal history. Because criminal charges could carry heavy burdens and penalties, it is important that the accused understands how to protect his or herself. Being charged with a crime that the defendant did not commit does not only mean facing harsh legal consequences, but also enduring damages to his or her personal and professional reputation. Our law firm understands the challenges criminal charges could place on the accused's life, which is why defendants should seek to understand the defense options available to them.

Using duress as a affirmative criminal defense


When New Yorkers are suspected of committing a crime, the accused may be charged with crimes he or she believes they did not commit. In these matters, establishing a criminal defense is essential in proving his or her innocence. Moreover, when making an affirmative defense against criminal allegations, the defendant could reduce or avoid the possible criminal penalties he or she is facing, if a conviction is made.

How can entrapment be used as an affirmative defense?


When individuals in New York are charged with a crime, it is important to fully understand the charges against them, as well as the situation leading to the criminal charges. The actions of law enforcement that resulted in the arrest of the accused could be used as evidence in a defense against the charges. If it is suspected that a defendant was induced or encouraged to carry out the illegal action they are being charged with, he or she could assert a defense of entrapment.

Understanding what an illegal search and seizure is


Facing criminal charges can be a very stressful and confusing time for individuals in New York. One may not fully understand the allegations against them. Moreover, the accused may not be aware of the evidence collected and how it is being used against them. In some situations, evidence may not be collected properly and could be deemed an illegal seizure. Defendants should understand what an illegal search and seizure is in order to determine if the evidence is subject to dismissal.

New York uses diversion program addresses mental illnesses


When New York residents enter the criminal justice system, it is often the case that individuals seek to avoid facing criminal charges and penalties such as imprisonment. While making a strong criminal defense is an important step for defendants to take, there are other options to consider during the criminal defense process. For some, diversion programs might be a suitable option.

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