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?”
Category: Criminal Law
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”
How Are Red-Light Cameras Legal?
Everyone has seen, or at least heard, of red-light cameras, which are an increasingly common part of traffic law enforcement. There’s even a decent chance that you’ve been caught by a red-light camera yourself and had to pay a fine as a result. But why are red-light cameras so common, and how are they legal in the first place? Continue reading “How Are Red-Light Cameras Legal?”
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”
The Expectation of Privacy
The Fourth Amendment of the United States Constitution says that a citizen cannot be the subject of an unreasonable search or seizure without a warrant backed by probable cause. But in the Supreme Court case Katz v. U.S., the Court ruled that the Fourth Amendment applies only in cases where a person has a “reasonable expectation of privacy.” And it’s not always obvious when you have a reasonable expectation of privacy, at least by the court’s standards. Continue reading “The Expectation of Privacy”
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”
Court Rules NYPD Illegally Used Sealed Arrest Information Without Court Order
The New York Supreme Court has ruled in a class action suit against the New York Police Department (NYPD) that the department violated state law by using information from sealed arrests without a court order.
Continue reading “Court Rules NYPD Illegally Used Sealed Arrest Information Without Court Order”
Your Rights When You’re Stopped for a DUI or DWI
It should go without saying that you should never, under any circumstances, drive while under the influence of an intoxicating substance, such as alcohol, marijuana or heroin. However, if you are pulled over by the police on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI), there are a few things you should keep in mind, so that you can best protect your rights.
Continue reading “Your Rights When You’re Stopped for a DUI or DWI”
How is Assault Proven
In order to be convicted of assault, every element of the crime must be proven beyond a reasonable doubt. If it is shown that an element of the crime is missing, an individual must be found not guilty. In addition, the prosecution has the burden of proving every element of the case and must present evidence as to each element.
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