An Order of Protection (OP) is a Court Order mandating an individual to either refrain from certain behaviors against specified individuals, or to stay away from the protected party entirely. The purpose of an OP is to protect the alleged victim from harm. Most often OPs are directed in response to incidents of domestic violence. Multiple courts have jurisdiction to issue OPs, and all orders require the restricted individual to surrender any firearms they may have.
Tag: criminal defense attorneys
Use of Drug Sniffing Dogs at Traffic Violation Stops
In 2005, the United States Supreme Court held that there is no expectation of privacy when carrying drugs. Accordingly, the Court determined that the use of drug sniffing dogs during a traffic violation stop did not violate the unwarranted search and seizure clause of the Fourth Amendment.
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What Happens at an Arraignment?
An arraignment is typically the first proceeding where a defendant is brought before a judge. The Court must inform the individual of the charge(s) and determine whether bail is appropriate or if the person should be released on their own recognizance.
When deciding bail, the Court considers the defendants ties to the community and whether he will be a flight risk. Some factors weighed include whether the defendant’s ties to the community, including whether he lives with and visits family, is employed, has a previous criminal history, and whether she has failed to appear at previous scheduled court proceedings.
Couple Alleges Abusive Treatment of Daughter at Daycare
Recently, a Long Island couple has filed a notice of claims against several agencies due to the abuse their 21 month old daughter endured at a daycare facility. The couple has notified the Southampton Town authorities, Suffolk County Child Protective Services, The New York State Office of Children and Family Services, and the New York State Board of Regents. The complaint alleges that their child had been “yanked out” of a high chair, slammed into a crib, and forcibly fed until she vomited. Two employees have since been terminated and arrested due to this and other instances of abuse that had gone unaddressed by the facility’s owner.
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Lawmakers Discuss Reforming New York City Bail Requirements
New York City has been discussing changes to bail requirements for low level offenders. Many non-felony offenders are held in custody due to their inability to post bail. In many cases they are unable to post a low bail of $500. According to statistics provided by Human Rights Watch, nine out of ten defendants in 2008 were unable to post bail set at $1,000 or less.
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Common Pre-Trial Hearings in a Criminal Case
On the way to trial, many pre-trial motions and hearings may be scheduled. Usually the defense will make an “Omnibus Motion” that will include all the legal motions they will be filing. A date will then be set for the prosecution to answer the motion, as well as a court date. The motions consist of arguments concerning whether certain evidence should be included or excluded at trial. Such evidence may relate to physical evidence, statements, or identification procedures.
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Criminal Convictions and Employment Opportunities
If you are arrested and charged with a crime, you need an experienced criminal attorney to handle your case to ensure that all aspects of your matter are considered and addressed.
Most people know that criminal convictions can result in jail and probation sentences, but many people are not aware that a criminal conviction can also lead to collateral (secondary) consequences.
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