New York Defense & Process - The New York Criminal Law Blog

The New York Criminal Law Blog

Criminal Defense and Process in New York

All New York crime suspects are presumed innocent until proven guilty and have the right to a New York criminal defense attorney. For those charged with a crime, it helps to understand the entire process and how attorneys go about building a defense strategy. The defense typically is built around the prosecution’s evidence, or lack thereof, and the defendant’s take on what happened when a given crime was committed. Defendants who believe they don’t have much of a defense have the option to plead guilty, which often provides for a lighter sentence because of plea bargaining.

The more one knows about defense strategies and the criminal law process in general, the better that person’s chances are of prevailing at trial. Because plea bargaining is a tricky process, consulting a New York criminal defense attorney may be helpful.


Recently in Defense & Process Category

High Crime Areas: 3 Legal Truths

As part of Operation Impact, which also introduced the department's controversial stop-and-frisk tactics, the NYPD has assigned rookie officers to patrol high-crime areas in the city with little direct supervision.

The practice is beginning to raise questions about potential discrimination and excessive force being used against people in such areas, Al Jazeera America reports.

Here are three legal truths about high-crime areas:

Are Online Rap Videos Being Used as Evidence?

Alert the neighborhood: Online rap videos are being used by NYPD as evidence of gang activity.

In an effort to cut down on stop-and-frisk tactics, the NYPD is using content from rap videos made by young people associated with gang violence in order to reduce crime, reports The New York Times.

Although using online rap videos as evidence for long-term investigations by the NYPD is something new, rap videos and other YouTube videos have already been used catch criminals.

3 Potential Legal Defenses to DWI in New York

What are the legal defenses to a DWI in New York? DWIs, otherwise known as driving while intoxicated charges (DUIs in other states) are unfortunately common enough that they affect civilians and celebrities alike.

Take Dina Lohan, Lindsay's mom, for example, who was recently charged with speeding and driving under the influence on Long Island in September, according to Extra TV. What is Dina's DUI defense? Extra TV reports that apparently, Dina's driving behavior was a result of the stress caused by the paparazzi and media.

That excuse likely won't hold up in court for Lohan or anyone else. Here are three other actual legal defenses to a DWI that might:

What Is New York's Stop-and-Frisk?

What is stop-and-frisk in New York? In the wake of the recent ruling in New York by a federal judge, stop-and-frisk has likely been on many New York residents' news feed radar.

Stop-and-frisk is a practice that police officers often employ wherein they stop a suspect and then pat or frisk them down for weapons and contraband. Earlier this month, a judge has ruled the state's practices unconstitutional.

What does this mean, exactly? Here's a general overview of New York's stop-and-frisk.

Claiming self-defense is often the best way to defend yourself against charges of assault or murder.

Even though there are certain legal peculiarities to claiming self-defense in New York, the following steps may help you immensely:

What Happens When a Child Gets Arrested?

When a child gets caught up in mischief that might actually be an illegal crime, parents often wonder: What happens when a child gets arrested?

In New York, a juvenile is age 16 or under. When juveniles are arrested, they go through the juvenile justice system.

3 Ways Love Can Lead to Jail Time

Love can be a roller coaster. But it can also lead to some serious legal trouble.

In some cases, it can make a person become so overwhelmed with emotion that he or she could be charged with a crime. Just ask former tennis star Jennifer Capriati, who has been charged with battery and stalking. She's not in jail, but she will be appearing in a Florida court to answer for the alleged acts against her ex-boyfriend.

Here are three ways that love can potentially become criminal:

How to Fight Drug Possession Charges

What are some potential defenses to a drug possession charge? If the cops caught you in possession of drugs, but not necessarily taking the drugs or selling them, what are your options?

Let's talk about the crime of drug possession.

New York state law divides drug possession charges into those related to cannabis, and those related to other controlled substances.

How to Sue the NYPD

If you've been arrested and were injured, or felt that your arrest was in some way wrongful, you may have legal recourse. In fact, the number of people who sued the New York Police Department jumped by 35% over the previous fiscal year, The Huffington Post reports.

In many cases, victims allege that their constitutional rights have been violated. At times, these violations include claims under the Fourteenth Amendment's due process clause.

While police brutality cases involve lawyers and court battles, there are steps you need to take before a court will even hear your lawsuit. In New York, there are specific procedures in place for suing the NYPD.

Our Readers' 10 Most-Read NY Crime Posts of 2012 (Part II of II)

Sex and murder. Though these two cardinal sins had a respectable showing in the Top 5 most-read posts of 2012, they make up the entire bottom half of that list.

We finish our review of our Top 10 crime stories of 2012 by looking at what you, our readers, read most: