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...
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Criminal Defense
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...
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....
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...
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...
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...
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...
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...