Criminal Defense - Staring does not provide Probable Cause
It sounds like a bad joke: A cop rolls up to a citizen and says “what’s up, guys.” The citizen does not respond. He puts his head down and starts walking faster. The reason for the stop? He was staring. The New York Law Journal reported that “[a]n appeals court set aside a man’s conviction for weapons possession after concluding that his arrest was premised on nothing more than the defendant looking in the direction of police as he walked in a ‘higher-crime’ area of Buffalo.
Criminal Defense: Witness Unavailability
Spread the word: Phone calls made in jails and prisons are often subject to recording. Here, the (New York) department of corrections recorded the defendant’s phone calls to the complainant which, inter alia, could very well served as the proof of yet another criminal charge. The original set of domestic violence charges stems from the defendant assaulting the complainant and her son. In one instance of assault, an off-duty police officer (as well as the defendant) were shot.
New Trial Ordered - Defendant Removed from Court
A New Trial is Ordered for a Nassau County Criminal Defendant removed from his trial without warning. This case hails out of Long Island, New York. Practicing as a criminal defense attorney out of Suffolk County, New York, I sometimes hear fellow attorneys and friends discuss criminal cases where someone got “off” on a technicality. When I hear that, I usually think constitution: The criminal defendant asserted his rights under the constitution – the violation of a criminal d
