While the new law eliminates the computer database, it doesn’t stop officers from manually collecting data on paper reports—reports the department states it will retain. So, does this move from technologically advanced cataloging to old school filing represent progress?

According to some, keeping paper records on stop and frisk incidences doesn’t have the reach as the database did. An officer on the street can’t immediately gain access to files which may show the person with whom they are speaking was stopped three times already this year, potentially coloring their interaction with this citizen despite them actually doing nothing wrong.

To many, the stop and frisk methods make no sense to begin with. For people in high crime neighborhoods, they may. Police officers are able to stop you and frisk you for their own safety even when you provide minimal or even no reason for them to think you may have done anything wrong. Your neighborhood, the people you are with, and even how you are dressed can be used as reason enough for the police to stop and frisk you.

Last year the city performed over 575,000 stop and frisks. Not surprisingly to many who are aware of the inherent bias of the criminal justice system, 87% of the people stopped and frisked were Black or Latino. However, some argue this statistical fact was only due to the minority dominant neighborhoods in which the police were abundantly patrolling.

Regardless of the reason, these stop and frisks have been used in alarming abundance and have continued to plague the same people over and over regardless of their criminal involvement. Some foresee difficulty in ensuring the NYPD follow the new law and some anticipate civil litigation may one day play a role in guaranteeing their adherence.

The privilege of the police to stop and frisk someone is based on a number of factors. Their search of your person, however, cannot violate your Constitutional rights. If it does, the evidence seized will not likely be admissible in court.

If you are facing drug charges or even weapons charges and have questions about the evidence in your case, contact me today. Together we can discuss the specifics of your case and how the evidence seized might be used.

Many of the mandatory minimum sentences that were part of these laws were changed last year, saving the lengthy prison sentences for only the worst drug offenders. People accused of possession or people without a criminal record are far more likely to not serve time under the new laws, as it should be.

However, for every move forward, there are people challenging the progress. A few weeks ago in the New York Daily News, an article highlighted the most common complaints about the new laws, citing Special Prosecutor Bridget Brennan as one of the harshest critics. Her, and others’, concern is that the new laws are allowing big time drug dealers to walk on their charges, serving minimum sentences or none at all in exchange for drug treatment.

When the Rockefeller laws were repealed, many people received shortened sentences and some who had previously been subject to prison time were now given the option of drug treatment. Treatment is reserved for the drug addicted though and Brennan states that some high-level dealers are skirting the system by claiming an addiction that simply doesn’t exist.

Judicial diversion is an alternative sentencing practice that allows a drug offender to admit guilt to the charges against them and complete drug treatment. This is in exchange for the charges being dropped in effect. Brennan’s office seems to have objected to nearly half of the defendants applying for judicial diversion, evidence of her opposition to the program.

She states heroin dealers are claiming to be addicted to marijuana to get treatment in lieu of jailtime. However, the ultimate decision to grant diversion is the judge’s and one that the judiciary no doubt takes very seriously. Diversion staff and judges together aren’t new to detecting cons and lies and likely have a pretty good handle on who is trying to bilk the system.

Anthony Papa, communications specialist for the Drug Policy Alliance claims Brennan is exaggerating the problem, “taking on case and blowing it up”, when she mentions specific dealers who got off with treatment. Because of the philosophy and traditional means by which her department works, this wouldn’t be surprising.

The system should save incarceration for only the most dangerous and unmanageable convicts. Drug users, particularly those suffering from addition, shouldn’t have to spend lengthy periods behind bars where their addictions won’t likely be helped.

If you are facing drug charges and want an attorney to explore all of the potential options available to you, including judicial diversion, contact us today for a defense consultation.

What’s being called extortion by some and being applauded by others, the store sets forth an interesting chain of repercussions for those people caught stealing from them and it all starts when the security guards catch them in the act.

First, the identification of the shoplifter is taken. Then, they are forced to pose for a photo with the items they were trying to steal. Finally, they are fined around $400. If they refuse this chain of action, the store will call the police.

Apparently practices like this are common in China. However, some are questioning the legality of it in the United States. Charging a fine or a “civil recovery” isn’t illegal but threatening to report the person may be. One community activist calls it extortion and believes the practice should be stopped.

A home grown sort of diversion, the practice is reportedly common in Asian markets within the city. One security guard states that he believes people adhere to the store’s sanctions because many have immigration issues they fear would be discovered if contacted by police.

Although this sort of storekeeper justice occurs in many markets within the city, it’s still pretty rare. Most shop owners and managers won’t offer you this kind of “deal” if caught stealing; most will simply call the cops.

In New York the penalties for shoplifting are the same for most theft charges and are based on the value of items or services stolen. Most often shoplifting involves theft of less than $1,000. This is considered petit or petty larceny.

Petty larceny carries a Class A misdemeanor charge. This translates to a maximum of one year in jail. However, it is very doubtful you would be sentenced to this kind of term. Instead, with your attorneys help, you could serve probation.

If you are facing shoplifting charges you need to speak with a defense attorney. Contact me today to discuss your case and the options available to you.

While crime is falling too, the decrease in jail population is seen as a result of many factors—including efforts to divert people away from doing time, on both the jail and prison level. Alternative penalties like probation, diversion, and community service has meant less time served for low level offenders overall while lower violent crime has led to fewer going to prison.

Special drug courts and other nonviolent specialty courts seek to find alternatives to jail. These specialty courts use personnel from all sorts of state and local level agencies to find the right solutions to crimes. For instance, a charge in drug court could lead to treatment, employment training, and other such rehabilitative sanctions rather than jail time.

The city recognizes just how expensive it is to house people in the jail and after the local jail population peaked in the early 90s with the crack epidemic, they have been battling to get it under control. According to the Times article, the daily cost of housing a jail inmate is around $210.

The charge you face will dictate just how long you stay in jail and any potential alternatives you have. If you are facing a more serious charge, you could spend a greater number of days in jail. Often times, in preparation for a case, you will spend many days in jail pre-trial though you will get credit for those days if you are later sentenced to prison.

If the charges against you are not serious or you have a clean criminal record, I could argue to the court to have you released on your own recognizance (an OR bond). This simply means you don’t have to put up money for bail and are released on the promise that you will return for future court dates.

Specialty courts can also improve your ultimate outcome. From mental health courts to drug courts and domestic violence courts, there are many within the city. I can help you determine where your case will be heard.

When you are facing jail time or a potential prison sentence, you need a defense attorney advocating on your behalf. Contact me today to discuss the details of your case and the options available to you.

In NYC and around the country, many cities have gone high tech, mounting cameras on street posts and corners as another crime fighting tool. But, are they worth the cost and do they really serve any purpose.

Even if the balding man changing his shirt that day in Times Square had been the suspect, it isn’t likely the tape would have assisted efforts to locate him at all. Particularly in an area as populous, a grainy image taken from overhead doesn’t provide much direction.

According to this Washington Post article, Times Square has 82 city owned cameras and many other private ones. Not only did none of those cameras prevent a bomb attempt but none led the officials to the perpetrator.

While some say that crime is reduced when a camera goes up, the logical explanation for this reduction is that the activity simply moves one block down, where a camera won’t see them. The actual use of such street-side camera footage in criminal cases is quite small precisely because it is very rare for a person to commit a crime within shot of the cameras—they know better.

Prosecutors can get a conviction on much less than a video of the crime, however. If you are facing criminal charges, there are a slew of things that will likely be produced as evidence against you. Whether it’s drugs, stolen items, or a DUI that has you in trouble with the law, contact a criminal defense attorney for help.

These very serious charges sound over the top for what could easily be stupid, but understandable teen behavior. However, New York laws on child pornography make no distinction between teens sending photos of other teens, and adults distributing nude photos of underage kids.

Depending on the exact facts and circumstances of this case, if there was no threat or coercion, it easily could have been two teens acting foolishly, and one teen showing exceptionally poor judgment, to be sure. But many people would question whether such an offense should result in such severe and life changing consequences.

Sexting laws reform have yet to hit New York state.  Many other states are writing laws that allow for misdemeanor criminal charges for sexting, giving prosecutors a lesser option when the offense involves teens. The option of juvenile court, education, and the possibility of some kind of deferred prosecution where the charges could be later dropped is also a popular provision.

It remains to be seen if the New York State Assembly will take up the cause of sexting laws reform, as has happened in other states.

But what if that public defender is too busy to return your calls or show up for your court dates? According to a large class action suit against the state of New York, that’s exactly what’s happening in case after case of indigent defendants who have to rely on the state to appoint them representation.

According to the New York Times, New York isn’t the first state to be hit with a suit like this. Other public defense systems across the country have been similarly challenged by defendants who were less than pleased with the outcomes of their cases and allege their basic right to decent representation was withheld.

In New York, the system of court appointed attorneys consists of public defenders offices, private attorneys appointed by the court, and Legal Aid societies. These attorneys are said to be often overworked, carrying huge caseloads.

The New York Times estimates that more than 80% of criminal defendants have to rely on this public defense system to assist them when facing criminal charges. The majority of the other 20% hire their own criminal defense attorneys.

The civil case may go to trial but will likely settle out of court. The long term impact of the civil case isn’t yet known, however. Even the governor states that “the current system is a disgrace.” Recognizing the problem and doing something about it are two entirely different matters, however.

A defense attorney is a crucial part of the criminal justice process. When you are facing charges, you want to be confident that you have entrusted your case in the right hands. If you are facing criminal charges and seeking a criminal defense attorney, call us today.

Across the country, the laws governing restraining orders, when they can be issued, and how they are enforced varies widely. Here in NY as with other states, a protection order doesn’t necessarily mean a victim is safe, only that the alleged offender will face criminal charges if the terms are violated.

This report from WeNews points out that protection orders aren’t always issued. As a matter of fact, they state that only about 20% of victims get an order in place. Once in place, enforcement is a whole other issue.

Sure, if you violate a protection order you can face additional criminal charges, and many of them are violated. But, police have traditionally taken a lackadaisical approach to domestic violence enforcement, making the likelihood of your violation leading to criminal charges quite small.

This isn’t to say things haven’t improved. You are more likely to be caught and charged with a violation of a protection order today than at any time in the past. And the charges you may face for such a violation are reason enough to steer clear of the protected party.

In New York, if you are charged with violating a restraining order you can be charged with criminal contempt in the 1^st degree. This is a Class E felony and carries up to 4 years in prison. Once charged, the system takes these violations very seriously.

Any charges that are pending at the time of your violation will surely not benefit from the newest case. Knowing how to approach both your protection order violation and a related domestic violence charge is something we have years of experience in.

If you are facing charges of domestic violence or violating a restraining order, we can help. Contact me today to discuss the details of your case and what the newest charges could mean for you.

According to the Daily News, Genesee county estimates it will be responsible for tracking, administering, and monitoring up t0 500 individuals per year with interlock restrictions on their cars from a DWI conviction. No doubt this potentially unfunded requirement will be an issue in counties across the state, which is why many county managers are hoping the strict mandate for all DWI 1st offenders can be rolled back, and the interlock requirement can be issued at a judges discretion, presumably only in cases where a judge feels it is an important public safety issue.

An ignition interlock device is essentially a rolling breathalyzer. It is installed in a persons car, and they must provide a clean breath sample for the vehicle to start. All sample attempts and failures are logged and monitored. Failing an IID test can result in serious criminal penalties.

The IID requirement is one of the elements of Leandra’s Law, which was primarily about tougher penalties for drunk driving with children in the car.

According to the Ithaca Journal, 72 inmates and parolees prosecuted by the New York Special Narcotics Prosecutor applied for resentencing. Seventeen were denied, nineteen were resentenced, and others were still being considered.

The new laws eliminated some strict mandatory minimum sentences, allowing judges more discretion in sentencing. Now, rather than sentencing a first time non-violent offender to a lengthy prison sentence, judges can take their potential success in a drug treatment program into consideration.

Before the laws changed, critics worried these resentenced inmates would just return to the system after being released. Interestingly, the recidivism rate for those released is currently at 7%, far below the state’s average of 41%.

Prior to the changes, judges were required, in some cases, to sentence an offender to harsh prison time even when they believed the punishment didn’t fit the crime. These mandatory minimums are a frequent topic of conflict in legal circles. Now with their discretion restored, judges have far more latitude.

A judge should be able to take the little things into consideration when determining a sentence. Not every crime and not every defendant is the same and their sentences should reflect that. One tool judges use and can now use more readily to determine a sentence is the presentence report.

These reports use background information including employment, criminal history, and community ties to determine if a defendant is a good candidate for probation. Typically written by a probation officer, the judge can now take the information from the report into greater consideration.

If you are facing drug charges in New York you stand to benefit from these new laws if convicted. While no one wants to be on probation, it is far more preferable than a lengthy prison stint. However, the sentence you face also depends on your particular charges.

Contact us to discuss the charges against you and to get some legal advice.