Initial Aggressor Exception Clarified: Manslaughter Conviction Reversed
The Defendant here was charged with murder in the second degree. After he came upon a man hitting his brother in the head with a hammer,...
DUI/DWI causes Fetus Death - Indictment Dismissed
On October 23, 2015, the New York Law Journal (Joel Stashenko) published the article “Woman’s Conviction for Conduct Affecting Fetus Is...
Criminal Defense: Dismissal on Speedy Trial grounds bars Reprosecution
In this case “[i]t is…undisputed that the remaining eleven months that the motion was pending were not excluded. Accordingly, the Act’s...
Criminal Defense: Temporary inspection sticker on car - insufficient for search
The New York Law Journal reported that “A temporary inspection sticker on a motor vehicle is insufficient justification for a police...
Nassau County Traffic and Parking Violations Agency - Accepting Freedom of Information Law Requests
The Nassau County Traffic and Parking Violations Agency is subject to the New York Freedom of Information Law ("FOIL"). This Law Office,...
Federal Criminal Defense: Guilty Plea Withdrawn
The overwhelming oppression of the government (especially when federal criminal charges are pending) can sometimes force someone to plead...
Criminalization of Addiction: Suffolk NY Drug Court Sentence Modified
Those addicted to drugs, such as Heroin, often steal to support their habits. Those more experienced will often ensure to steal small...
Southern District of New York: Judge has Absolute Immunity
You still cannot sue the judge. A judge basically has Absolute Immunity which means protection from lawsuit(s), even civil rights...
Excessive Fines in the TPVA; Driver's Responsibility Fee Case Moves Forward
If you live on Long Island, you heard about the dreaded TPVA; Nassau and Suffolk both have a Traffic and Parking Violations Agency. It is...
Excessive Fines, Car Forfeiture and RBG; Timbs v. Indiana
The Supreme Court, led by Ruth Bader Ginsburg, rendered a decision that incorporates another federal constitutional amendment's...
