Many people facing criminal charges assume that their case will be heard in front of a judge or a jury of their peers. However, the reality is that many criminal cases never go to trial. A prosecutor may decide to offer a plea deal to the defendant to avoid trial...
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Criminal Justice
Can a habeas corpus brief get someone out of jail?
In New York’s legal landscape, the habeas corpus brief is a formidable instrument for challenging the legitimacy of an individual’s detention. Named after a Latin phrase meaning “you shall have the body,” this legal document empowers individuals to contest their...
Understanding New Jersey’s bail laws
You have probably heard the term bail reform in recent years and may wonder exactly what it means or how it could affect you if you are arrested. Bail reform in New Jersey has changed the path of a criminal case. The law went into effect in 2017 and set limits on the...
What happens when a search or arrest is warrantless?
Each year thousands of law enforcement searches are carried out in New York and New Jersey, and even more arrests occur. Most of the arrests are probably warrantless, and many of the searches probably are too. Our readers might wonder how this is possible. Isn’t the...
Getting the most out of your New York plea bargain
After you get through the beginning stages of your criminal case, there’s a good chance that the prosecution is going to offer you a plea deal. One of these agreements can save you the time, stress, and uncertainty of trial, and it might spare you from the harsh...
Getting charged in federal court is different, challenging
It is always intimidating to get charged with any type of crime. For those who have never been through the justice system before, it is important to remember that a charge in federal court for weapons crimes, drug trafficking, white collar crimes or some other federal...
Clean Slate Act highlights the challenges caused by convictions
Recently, a bill was signed into law in New York seeking to address some issues people face when they have a criminal record. At the same time, it shows why people should fight hard to avoid a conviction in the first place. Those convicted can benefit from the Clean...
Considering diversion programs when creating a criminal defense
A criminal charge does not always equate to a trial, conviction and jail time. While this is often the path that a criminal case takes in New York, there are options and mechanisms available to the accused to have the charges dismissed while also providing real...
Understanding conspiracy charges
The criminal charge of conspiracy can be hard to understand. It's one thing to hear about a group of people who engaged in criminal behavior, but it's another to see how the law applies to the specific details of their case. In this blog post, we will take a closer...
New Jersey still struggling with cash bail reform
Five years ago, New Jersey enacted a groundbreaking reform of its cash bail system, eliminating bail for most nonviolent offenders. Other states, including New York, have followed suit with their own reforms, but the results have been mixed. Today, New Jersey and...