Law Office of Luke Scardigno
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Criminal Defense Archives

Men accused of Russian mob ties

On June 14, it was reported that the acting Manhattan U.S. attorney filed three indictments and two criminal complaints against a number of people accused of being part of an alleged "Russian crime syndicate" based in New York. In total, more than two dozen men between the ages of 22 to 59 were being accused of involvement in hiring hitmen and running gambling rings, among other crimes.

About speedy jury trials

Under the Sixth Amendment to the United States Constitution, criminal defendants in New York and the rest of the country are afforded the right to an attorney. For most criminal charges, the amendment also grants them the right to a speedy trial with an impartial jury.

Challenging hacking by the government

Government hacking is a method of remotely and covertly surveilling computer users in order to gather evidence. Criminal defense attorneys in New York and the rest of the country now have strategies for attempting to get the evidence that is obtained in this manner excluded.

Obama commutes 330 sentences on final day as president

New York residents may be interested in learning about one of the things that Barack Obama did on his last full day as president of the United States. On Jan. 19, Obama commuted prison sentences for 330 people who had been convicted of drug crimes. The final round of commutations brought the total number that was granted under Obama to 1,715.

New York prosecutor fails to share material evidence

A trial in New York in September raised the issue of the Brady rule. This rule is based on the 1963 U.S. Supreme Court ruling in Brady v. Maryland, and it requires a prosecutor who uncovers evidence that is material and favorable to the defense to present that evidence to the defense. The New York case involved a man accused of murdering a sixth-grader who was his ex-girlfriend's son. Once the trial was underway, it was revealed that a witness had seen another ex-boyfriend entering the house right before the murder.

Prosecutors can charge someone who didn't commit a crime

New York prosecutors can level charges against people deemed to be accomplices. While these individuals are distinct from the actual perpetrators, they can be found guilty because they do things that help others commit crimes. For instance, someone who loans a vehicle to a person they know is drunk with the knowledge that they're going to drive home may be found liable when that person later harms a pedestrian. Or someone might be charged with enticing a victim into a secluded area where a criminal is waiting even though they don't actually participate in a robbery.

FAQs about rising use of the synthetic drug K2 in New York

An accusation of violating drug laws in New York can be serious. Depending on the details of the charges, a conviction could result in serious criminal penalties including hefty monetary fines and potential imprisonment. Additional, social penalties can also apply. These can include difficulty finding a place to live, getting a job and even losing out on scholarship opportunities.

Poor legal representation might invalidate trial results

Not all New York court cases unfold as justly they should. In some instances, defendants may be able to prove that a breakdown in the process led to unreliable or unfair results. If they can establish that their right to a fair trial specified by the Constitution's Sixth Amendment was infringed upon, courts may revoke their guilty verdicts. These situations may be more relevant for defendants who are unable to hire a lawyer and who rely on court-appointed representation during a trial or appeal.

Disorderly Pokémon Go conduct can get you in trouble

The colorful creatures of Pokémon are back and at your fingertips with the new mobile phone app Pokémon Go. Back in the late '90s, all Pokémon fans had to do to "catch 'em all" is collect trading cards. Now with the mobile app, fans have a new interactive way to catch their favorite characters on their phone.

The role of plea bargains in the court system

New York residents who understand the concept of a plea bargain might still not be familiar with the principle of "judicial economy" that makes it so attractive to judges and prosecutors. Judicial economy is the idea that moving cases efficiently through the court system is an important part of the legal process. A plea bargain allows a case to be resolved without requiring a court trial. It is believed that eliminating these types of agreements would tax the court system beyond its ability to cope.

Office Location

Law Office Of Luke Scardigno
123-60 83rd Avenue Suite 1T
Kew Gardens, NY 11415

Phone: 718-414-6186
Phone: 917-836-8924
Fax: 718-575-0968
Kew Gardens Law Office Map