Mayor Bill DeBlasio of New York City has said he will release approximately 300 inmates currently incarcerated at Rikers Island for nonviolent misdemeanor offenses, in response to the coronavirus. The coronavirus is at the forefront of everyone’s minds now, and this is particularly true of the prison system, where inmates and staff alike are at high risk of exposure to the contagion. However, it isn’t entirely clear how many of these inmates can legally be released, due to complications with state and federal law. Continue reading “NYC to Release 300 Nonviolent Offenders Due to Coronavirus Fears”
Category: Criminal Conviction
Criminal Conviction
Criminal Penalties for Breaking Quarantine
In late March, President Trump publicly floated the idea of quarantining New York, as well as parts of New Jersey and Connecticut. While the quarantine was ultimately not implemented, with the White House instead issuing a travel advisory for those three states, it made some people fear what might happen if one or more states were, in fact, quarantined. For example, what happens to people who break an officially imposed quarantine? Continue reading “Criminal Penalties for Breaking Quarantine”
DWI Convictions and their Potential Consequences
Being arrested on a driving while intoxicated (DWI) charge can be a life-changing event, even before you face the possibility of a plea or conviction at trial. Aside from facing the risk of imprisonment or fines, there are numerous possible consequences that can arise as a result of a DWI conviction. And if you’re facing down a DWI charge, it’s important to know what will happen if you plead guilty or get convicted at trial. Continue reading “DWI Convictions and their Potential Consequences”
What is the Miranda Warning?
If you have ever watched a law enforcement-based program on TV, like Law and Order or NCIS, chances are you’ve heard of the Miranda warning, and Miranda rights. You may even be able to recite them from memory. But why is it so important for police officers to tell suspects their Miranda rights, and what happens if an arresting officer fails to do so? Continue reading “What is the Miranda Warning?”
Explaining the NY Marijuana Decriminalization Law
When a New York State law decriminalizing marijuana went into effect in August, many people wondered what it would mean for ordinary people. There was also concern as to what decriminalization would mean for people arrested for marijuana violations previously. Well, here’s a basic rundown of what you need to know about this new law, and its implications for the general public. Continue reading “Explaining the NY Marijuana Decriminalization Law”
Collateral Consequences of Criminal Convictions
It doesn’t take a genius to know that if you are convicted of a crime, or plead to having committed a crime, you’ll be punished with jail or prison time, probation, fines, or some combination of the above. However, there’s more to crime and punishment than just that, and if you’re not careful, you can find yourself suffering from the collateral consequences of your punishment without realizing it. Continue reading “Collateral Consequences of Criminal Convictions”
When Do You Have a Right to an Attorney?
The right to an attorney is enshrined in the United States Constitution as one of the fundamental rights that every American has by birthright. After all, how can someone defend themselves in court if they aren’t given access to legal expertise, which they are unlikely to have themselves? But things are more complicated than they first appear, because there are two slightly different rights to an attorney, and the distinction can be important.
The right to an attorney is guaranteed by two constitutional amendments in the Bill of Rights: The Fifth Amendment, and the Sixth Amendment. Though both amendments guarantee your right to an attorney, they have a couple of important distinctions between them. First is the difference in timing: the 5th Amendment right to counsel guarantees your right to a lawyer while you’re being interrogated in police custody; the 6th Amendment right to counsel, on the other hand, guarantees your right to counsel during the critical parts of a criminal prosecution.
However, there’s another, more significant difference: the 6th Amendment requires the court to appoint you a lawyer if you can’t afford one at the time of your arraignment (when you’re formally charged with a crime). The 5th Amendment requires police to allow you access to a lawyer if you already have one, but they aren’t required to provide you with one, because an arrest doesn’t necessarily signal the beginning of a criminal prosecution. Thus, you can be in a situation where you are legally entitled to have an attorney, but you aren’t yet legally entitled to have one appointed to you by the court. And if you’re being interrogated by the police, it can be very helpful to have an attorney present to advise you on your rights.
Those who have been charged with a crime can face serious legal consequences. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez & Bennett at (631) 348-1702.
To Plead, or to Go to Trial: The Costs and Benefits of Fighting a Criminal Charge
When you’re accused of a crime, it can be tempting to say that you’ll fight the charges against you. Indeed, on the surface, it’s not immediately clear why someone wouldn’t fight criminal charges with every fiber of your being. And yet, an estimated 95% of criminal charges result in plea deals, ending the legal process before it ever gets to trial. Understanding why people plead out so often can help you if you ever find yourself accused of committing a crime. Continue reading “To Plead, or to Go to Trial: The Costs and Benefits of Fighting a Criminal Charge”
Tragic New York Boating Accident Case Comes to a Close
As the weather heats up, more New Yorkers are taking their boats out onto the open seas. Although boating is a fun activity to engage in, it is important to recognize that it can also be extremely dangerous if certain precautions are not taken. Boat accidents may occur for various reasons, including boating under the influence, negligent speeding, or a manufacturers defect, among others. Recently, a New York man was convicted of manslaughter in a horrific boating accident that occurred on Lake George and resulted in the death of an 8-year-old girl and other serious injuries.
Continue reading “Tragic New York Boating Accident Case Comes to a Close”
Suffolk County Judge Reopens Juvenile Drug Treatment Court in Central Islip
On January 26, 2017, a Suffolk County judge announced the reopening of the Juvenile Drug Treatment Court in Central Islip. Several years ago, many had deemed the drug treatment courts for juveniles to be a success. However, due to lack of state funding, these drug treatment courts became obsolete in Suffolk County, while drug treatment courts for adults remained. The goal of the juvenile drug treatment court is to reduce substance abuse and non-violent behaviors among the youth who have become involved in the family court system.
Continue reading “Suffolk County Judge Reopens Juvenile Drug Treatment Court in Central Islip”
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