If you are accused of a crime, the prosecutor must bring your case to trial within a specific amount of time, or your case can be dismissed. New York Criminal Procedure Law Section 30.30 sets out the time periods for New York prosecutions. According to this section, the prosecution must be ready for trial within:…
DetailsLast week the Suffolk County legislature enacted a version of “Caylee’s Law”, which requires parents to notify authorities of a missing child within 24 hours. The law is named for 2-year-old Caylee Anthony, the Florida girl who was found dead in 2008. Her mother, Casey Anthony, was acquitted of her murder. As a result of…
DetailsCan My New York Criminal Record by Sealed or Expunged? I cannot tell you how many times over the past twenty-five years I have been asked this question. Unfortunately, my answer has usually been no. During Law School I was an intern in the Los Angeles County Public Defender’s Office. A large majority of my…
DetailsNew York Drug Law Reform In 2009 New York enacted drug reform laws which modified the draconian provisions of the so-called Rockefeller Drug Laws, which had been around since 1973. What Changed? As a result of the Drug Law Reform, mandatory minimum prison sentences for first and some second-time non-violent felony drug offenses have been…
DetailsYouthful Offender Laws in New York New York, like most states, makes special provisions for young people who commit crimes. New York State Criminal Procedure Law Section 720 is the Youthful Offender Statute. Age Requirements In order to be considered for adjudication as a Youthful Offender, commonly referred to as (Y.O.), the offender must have…
DetailsCertificate of Relief From Civil Disabilities in New York Although New York provides very limited means to seal or expunge criminal convictions, offenders may want to try to obtain a Certificate Of Relief From Civil Disabilities after their cases are completed. This document can limit the damage caused by a criminal conviction on your future…
DetailsNew York’s New “Move Over” Law On January 1, 2011 the Ambrose -Searles Move Over Act became law in New York. The law was named for New York State Trooper Robert W. Ambrose and Onondaga County Sheriff Glenn M. Searles, who were killed while their patrol car were stopped on the side of the road.…
DetailsInstead of a jail sentence, a New York judge can sometimes sentence a convicted offender to perform a certain number of hours of community service. This statute governs community service sentences: New York State Penal Law Section 65.10(2)(h) ● Authorizes imposition of a community service condition to consenting defendants convicted of a violation, misdemeanor, or…
DetailsIt was a busy Memorial Day weekend for Long Island cops. According to an article in the Long Island Press, Nassau and Suffolk police made over one hundred DWI arrests over the weekend. Motorists (and boaters) can’t say they weren’t warned. As is typical before the holidays, both counties warned of increased use of roadblocks…
DetailsMore than four hundred NYPD police officers may face disciplinary charges or criminal prosecution in the ongoing NYPD ticket fixing scandal. The scandal involves NYPD officers fixing traffic tickets for their relatives, friends, politicians, and, in a new twist, celebrities. Allegations surfaced yesterday that Alex Rodriguez, George Steinbrenner, and Jay-Z’s driver have had traffic violation…
Details