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The general rule in the criminal law is that an arrest and filing of charges just means that a court has found probable cause to accuse a person of a crime. The person is still presumed innocent. He cannot face punishment until he either pleads guilty or gets found...
Part of the criminal trial process in New York is a hearing before a grand jury. Grand jury hearings are not the same as your actual trial. The following is a brief overview of what to expect at a grand jury hearing. The grand jury hearing A hearing before a grand...
If a person is arrested, he or she may not understand the reason why or whether it is lawful. There are certain arrest procedures that law enforcement must follow. Arrest and Miranda rights An arrest happens when a person is stopped by law enforcement, taken into...
A teacher at a secondary school in the Bronx has been removed from his position after police arrested him in connection with several photos he allegedly took and transmitted over social media. Police are accusing him of sending pictures of his intimate parts to two...
Most people who are prosecuted for alleged crimes in New York and New Jersey face charges under state law. For certain crimes, they may face federal charges. But whatever court they are in, and whatever the exact charges may be, the U.S. Constitution provides them...
A criminal trial can be an overwhelming process for a New Yorker to contemplate on their own. Aside from the stress of an arrest and one’s processing into the criminal justice system, an individual may be confused and worried about the many pretrial and courtroom...
Law enforcement officers who arrest someone without probable cause to do so have violated that person’s Fourth Amendment rights. If you have been arrested, proving that the officer did not have the requisite probable cause to arrest you is one way to have any charges...
If you have been arrested and charged with assault in the state of New Jersey, you may face serious consequences such as prison time and significant fines if you are convicted. Understanding the different elements of both simple and aggravated assault can help you and...
Getting pulled over for drunk driving can be a scary and confusing experience, made even worse when the individual is charged with additional offenses. Many people are under the impression that they can prevent law enforcement from gathering evidence by refusing to...
Sometimes, we make bad choices, and other times, those choices are influenced by peer pressure. But, what no one expects, regardless of life circumstances is to be arrested for burglary. Though, that is exactly what four locals are now facing. The accusations...