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New York Criminal Lawyer Blog

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Did the NYC to West Palm JetBlue Coronavirus Passenger Commit a Crime by Boarding a Plane Pending a COVID-19 Diagnosis?

While being selfish is not criminal, is potentially exposing others to the coronavirus, knowing that you may be infected with COVID-19, a violation of the New York Penal Law? What if you were concerned enough to be tested for the coronavirus and were awaiting the results? What if before you…

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Making Sense of Harvey Weinstein’s Conviction: From Up to 25 Years Prison and SORA Registration to Remand Status and Prosecution in LA

What’s next for disgraced movie mogul Harvey Weinstein after a Manhattan jury convicted him of First Degree Sexual Act, Penal Law 130.50? Is jail mandatory and, if so, how much prison time is Weinstein facing at his sentencing? Additionally, will the former producer have to register as a sex offender…

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NY Family Court Order of Protection Dismissed: Court Finds Client’s Speech Protected and Lacking Clear Threat of Genuine Harm

While a Domestic Violence arrest is far more troubling than being served with a non-criminal Order of Protection issued by a New York Family Court Judge, when the foundation of either claim is fraudulent, fictitious, exaggerated or intentionally misleading, it is both debilitating and demoralizing.  Simply, whether at the legal…

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New York Hate Crime Anti-Terrorism Act: A Cursory Review of the Potential Domestic Terrorism Crime

At his State of the State address, New York Governor Andrew Cuomo formally rolled out his proposal to codify the Hate Crime Anti-Terrorism Act and combat anti Semitic and other discriminatory attacks. Encompassing more stringent elements than his late summer consideration of the law, the Governor views this future offense…

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Portable Breath Tests and Your Right to Counsel in a New York DWI Arrest

When someone is charged with a DWI in New York City, or elsewhere in the state such as Westchester County or Rockland County, there are numerous complex issues that routinely arise. In every such DUI case, it is critical that your DWI lawyer examine and potentially challenge everything from the…

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NY Penal Law 215.50: Criminal Contempt’s Nominal Pleading Requirement for Legal Sufficiency

Orders of Protection are issued in the criminal courts of every county throughout the State of New York every day, from Brooklyn to Westchester, Manhattan to Rockland. They are issued primarily by Family Courts in the context of Family Offense Petitions and Criminal Court or County/Supreme Court in the context…

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NY Child Victims Act Lawsuits: Eligibility, “Look Back” Window, Statute of Limitations and Damages

Whether advocating for a complainant in a criminal prosecution or a plaintiff in a civil lawsuit, Child Victims Act attorneys know that sex abuse cases involving children are some of the most disturbing and difficult legal matters they can handle even if the victim of these acts are now adults.…

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New York Bail Reform 2020: Qualified Offenses, Bench Warrants and Bail Revocation Hearings

Commencing at the stroke of midnight on January 1, 2020, New York Bail Reform, as it is commonly referred, takes discretion and authority from both judges and prosecutors and shifts power to far more strict and specifically outlined statutory guidelines. Codified throughout New York Criminal Procedure Law 500, a judge’s…

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Understanding “Raise the Age”: New York State Juvenile Crimes and Prosection

A long time coming in the minds and hearts of many a child advocate, New York Governor Andrew Cuomo signed the “Raise the Age” legislation into law this past April. As a result, juveniles, kids, youth, children, or simply boys and girls aged 16 and 17 will, depending on the…

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NY CPL Article 722: Raise the Age, Adolescent Offender & Extraordinary Circumstances

Raise the Age legislation, codified in part in CPL Article 722, has brought New York more in line with the majority of the nation in dealing with criminal charges and accusations against certain teenagers. The legislation was also largely a compromise between law enforcement and the proponents of these kinds…

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