Sometimes, a case can hinge on witness testimony. What can you do if that witness happens to be a child? According to the American Bar Association, children can make reliable witnesses when approached appropriately. Issues begin to arise when the adults involved do...
Criminal Law
What is false arrest?
When an officer places you under arrest, you usually are quite aware of the reason why. In most cases, even if you do not completely understand the reason, the officer has a legal right to place you under arrest. In some situations, though, the officer may lack the...
How harshly does New York punish driving while intoxicated?
It can be difficult to judge your own level of intoxication after having a couple of drinks. In some cases, you might feel alright and decide that you can probably drive home. Before you take that risk, it’s important to understand the consequences of being pulled...
Is a plea bargain right for you?
When facing criminal charges, you may also hear the term plea bargain thrown around. In certain situations, the defendant faces the option of taking a plea bargain. Usually, they do so in exchange for a guilty plea. But if someone offers you a plea bargain, should...
Do you have rights when incarcerated?
When you go to prison after a court sentences you for a criminal conviction, you lose some rights. Most notably, you lose your right to freedom. However, you still retain some of the rights you have as an American citizen. The ACLU explains that the constitution...
The impact of false domestic violence accusations
If you are facing domestic violence accusations, it is imperative to understand your rights as well as the potential impact of the case. Every year, many people in New York are falsely accused of domestic violence and these allegations often have a devastating impact...
What are the different types of plea bargains?
Plea Bargains are a part of nearly every case in the U.S. criminal justice system. Whether or not it is a good idea for you to accept a plea bargain depends on the exact nature and details of your case, but it is likely the prosecution will offer you a plea bargain...
What qualifies as statutory rape in New York?
There are a great many misconceptions out there when it comes to defining "sexual assault" in New York. Many people may think it only means forced sexual intercourse, yet in reality, quite a few intimate acts could leave you facing a sexual assault charge. This may...
An overview of criminal possession of a weapon in New York
Criminal possession of a weapon is one of the most serious offences in New York. The state has very strict laws in regards to weapons possession. The New York Penal Code definition of “deadly weapon” includes “any loaded weapon from which a shot, readily capable of...
The elements of a defamation case
While you may enjoy the liberties you have in the United States under the first amendment, there is a fine line between free speech and defamation. If you find yourself on either end of a defamation lawsuit, you may feel confused about the boundaries between the two. ...