What is the Difference Between a Felony and a Misdemeanor?

In criminal law, most crimes are divided into one of two categories: felonies and misdemeanors. There are some major differences between the two types of crimes, both in terms of time served and the impact they could have on a convict’s life. So what is the difference between a felony and a misdemeanor, and why does it matter? Continue reading “What is the Difference Between a Felony and a Misdemeanor?”

Five Reasons to Consider a Prenuptial Agreement

Despite the potential advantages, many people are hesitant to get a prenuptial agreement, which is colloquially known as a prenup. Some people are simply so in love with their fiance that they do not even want to contemplate the possibility that their relationship might sour at some point in the future. Others feel that getting a prenup is like dooming their relationship to fail in advance. Still, getting a prenuptial agreement is simply a part of good planning, and here are five reasons why: Continue reading “Five Reasons to Consider a Prenuptial Agreement”

The Complications of a Co-Defendant

If you have been arrested for allegedly committing a crime, you are already dealing with a complex and stressful situation. Even relatively simple cases with low-level charges can take months to resolve, especially if you choose to go to trial. However, just about any case can become substantially more complicated if you are also trying to defend yourself alongside a co-defendant. Here are just a few ways in which your legal defense could be made more difficult by the presence of a co-defendant: Continue reading “The Complications of a Co-Defendant”

Federal Eviction Moratorium Extended Through End of December

The federal moratorium on evictions, which was set to expire, has now been extended to December 31, 2020 by the Centers for Disease Control (CDC). This means that people who feared being evicted now can avoid being legally removed from their homes until next year. However, this extension of the moratorium does not apply to everyone, and tenants may need to engage in formal advocacy to take advantage of the newly extended moratorium. Continue reading “Federal Eviction Moratorium Extended Through End of December”

What is the Reasonable Expectation of Privacy?

The Fourth Amendment of the United States Constitution states that no citizen shall be subject to an unreasonable search or seizure of their person or property without a warrant backed by probable cause. A key word in that statement, however, is what constitutes an “unreasonable” search or seizure. According to the Supreme Court, the answer has to do with whether someone had a reasonable expectation of privacy. But what exactly is the reasonable expectation of privacy, and when does it protect you from a search or seizure by law enforcement? Continue reading “What is the Reasonable Expectation of Privacy?”

Five Ways to Protect Your Rights During a Police Interrogation

There are few things more potentially stressful than being interrogated by the police. Even if they tell you that you are not being suspected of a crime, there is the fear that you will say something that the police will eventually use against you. That is why you should remember these things that you can do to protect your rights if you ever find yourself in a police interrogation: Continue reading “Five Ways to Protect Your Rights During a Police Interrogation”

New York Eviction Moratorium Extended to October 1

A directive by the New York State Chief Administrative Judge has effectively extended the moratorium on evictions against residential tenants to October 1. The order comes just before the moratorium was set to expire, which would have once again made it legal in New York to begin evicting non-playing tenants. Residential tenants, therefore, get to breathe a momentary sigh of relief as they do not need to worry about being eviction from their homes, at least for now. Continue reading “New York Eviction Moratorium Extended to October 1”

What are NY’s Collateral Consequences and How Might They Affect Me?

Just about anyone who knows about criminal law knows that if you are convicted of a crime or plead to a crime, you will generally be punished in one of three ways: incarceration in a jail or prison, probation, or payment of a fine. Sometimes, you may be assigned community service, forced to attend a rehabilitation clinic, or you may be given another, more peculiar punishment. However, there are other potential consequences to a criminal conviction, known as collateral consequences, that you should be aware of before you take a plea deal. Continue reading “What are NY’s Collateral Consequences and How Might They Affect Me?”

With End of Moratorium Comes a Wave of Evictions

In March of this year, New York Governor Andrew Cuomo instituted a moratorium on evictions throughout the state to alleviate some of the economic strain caused by the coronavirus pandemic, which is currently set to end on August 20. Even though the moratorium has yet to expire, landlords who have not been paid by their tenants are already filing in record numbers to evict delinquent tenants. As a result, many tenants may be facing eviction quite soon, causing confusion and chaos as tenants struggle to figure out what they will do once the moratorium ends. Continue reading “With End of Moratorium Comes a Wave of Evictions”

Third-Party Doctrine Applies in Cryptocurrency Searches

               In a decision by the United States Court of Appeals for the Fifth Circuit, the court has ruled that cryptocurrency transactions are subject to the third-party doctrine. This means that cryptocurrency records are not protected by the Fourth Amendment and may be searched by law enforcement at any time, even without a warrant. This will make it significantly harder for criminal defendants to protect their identity in cryptocurrency transactions, whether made in New York or elsewhere, as they will effectively be unable to contest a law enforcement search of that data. Continue reading “Third-Party Doctrine Applies in Cryptocurrency Searches”