Federal Criminal Defense Attorney & Speedy Trial
Federal Criminal Defense Attorneys rarely invoke but know Speedy Trial Rights. Here, this federal criminal defense asserts that speedy trial rights were violated. The United States Constitution provides persons certain rights, the fifth amendment and sixth amendment to the United States constitution are particularly important when one is accused of a crime. The Court here reviews the law applicable to federal criminal defense matters, here federal criminal speedy trial: In al
Preaccident Records and Attorney's Fees under FOIL
Personal Injury Attorneys and Accident Lawyers often seek records relating to the injury. New York Injury Attorneys can get the records under public records law. Here, the wrongful death attorney/estate seeks records relating to the incident. Rather than wait for discovery, attorneys and litigants can seek records under the New York Freedom of Information Law, FOIL, the Public Officers Law Sections 84 to 89. Here, the Petitioner, unfortunately the estate of the decedent perso
Criminal Defense, COVID-19 and Speedy Trial
Federal Criminal Defense attorneys, or basically all Eastern District of New York attorneys know that COVID-19 has greatly reduced the ability of the courts to hold trials and manage cases. In the case of United States v. Andrews, No. 20-CR-546 (GRB) (E.D.N.Y. Apr. 23, 2021), United States District Court Judge, Honorable Gary R. Brown, must evaluate what to do with was originally a Southern District of New York criminal case but was re-indicted in the Eastern District of New
FOIL: Agency Records held by Third Party
New York's Freedom of Information Law requires the production of agency records as defined by the Public Officers Law (Section 84 to 89). When someone makes a Freedom of Information Law Request (FOIL), the agency is supposed to make the non-exempt records that it has in its possession available to the FOIL records requester. "The question, [in Matter of Broach & Stulberg, LLP, Third Department], distills to whether records that are maintained by a private entity for purposes
FOIL: E-mail as a Reasonably Described Record
The public has the right to know and be able to make requests for which local government must respond. Freedom of Information Law ([FOIL] Public Officers Law art 6) requires an agency within five business days of receiving a FOIL request, an agency must inform the requester if it believes the request does not reasonably describe the records sought, and provide “direction, to the extent possible, that would enable that person to request records reasonably described.” 21 NYCRR
No intention to terrorize - Case Dismissed
Not all speech is criminal and all criminal law requires the act and intention to do a crime. The case People v DeBlasio, 2021 NY Slip Op 00376 [190 AD3d 595] (1st Dep't. March 3, 2021) and it illustrates this point - not all speech is criminal. The Court holds that "The evidence of defendant's "intent to intimidate or coerce a civilian population" (Penal Law § 490.20 [1]) was legally insufficient to support the conviction (see People v Danielson, 9 NY3d 342, 349 [2007])." Pe
