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June 2016 Archives

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.

Two things you need to know about NY's new drug law

Drug abuse is more than just an illegal activity, it is an addiction. Lawmakers throughout the country are beginning to shift their view of drug addiction. Instead of a focus on putting those who violate these laws behind bars, a growing number of lawmakers are focusing on rehabilitation efforts.

Man accused of drunk driving

Police in New York believe that a man who crashed into the backyard of a Staten Island home just before midnight on June 13 was under the influence of alcohol at the time. Neighborhood residents were are said to have told responding officers that the man smelled strongly of alcohol when he exited his vehicle, and the homeowner said that he seemed agitated and unable to relax.

What is mens rea?

People who are facing criminal charges in New York may find that issues of "mens rea" play a pivotal role in the outcome of their case. "Mens rea" is Latin for "guilty mind" and is related to determining a defendant's state of mind at the time a crime was allegedly committed. In some circumstances, determining the state of mind can make someone less culpable for a crime than would otherwise be the case.

Ex-broker allegedly says cops targeted her because she is rich

According to court documents, a 28-year-old former broker with Douglas Elliman was charged with DWI in New York on June 2. During the incident, the woman reportedly accused the law enforcement officers who charged her with picking on her because she was rich and because they were poor.

When is it legal to take video of the NYPD?

There is an increasing tendency for pedestrians and bystanders to video police interactions with suspects, particularly in New York City. Yet most people aren't sure whether it's legal, or in what circumstances police can ask them to turn off their recording device. Often, the individual attempting to video the police tries to do it without being seen. Others are very direct about what they're doing, almost as if it were a challenge to the officers.

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Law Office Of Luke Scardigno
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