In New York when an offender commits a sexually related offense, he or she is charged a fee that is designed to defray some of the costs that are incurred by the courts for the prosecution of their case. The surcharge is usually $200.00 plus a victim fee of $10.00.…
New York Criminal Lawyer Blog
Court Discusses Possible 5th Amendment Violation
Decisions to protect the public from a person who is violently mentally ill can create many fundamental issues of law and civil rights. This legal quandary has been a puzzlement for Americans since our country began. Freedom to live our lives without the fear of the Federal Government removing our…
Defendant Convicted Several Times of Drug Crimes
The Defendant in this case was arrested for a drug possession crime which involves selling and possessing prohibited substance in the third degree on two different occasions. He was convicted on both instances but was given parole thereafter. While on parole, defendant was once again arrested for selling prohibited drugs…
Can the Agent of a Purchaser of Narcotics be Convicted of Drug Sale?
This is the case wherein the court reiterated its New York rule that one who acts solely as the agent of a purchaser of narcotics cannot be convicted of the crime of criminal sale of a controlled substance. A New York Criminal Lawyer said that an undercover police officer befriended…
Defendant Convicted of Conspriracy Brings Appeal
There is no secret to the fact that the federal government has many different organizations that are created with the intent of preserving the nation’s laws and integrity. One of the groups that were tasked with taking action against subversive groups was created in 1912 under the name of the…
Defendant Seeks to Change His Sex Offender Status
In New York, a system of using an offender’s previous crimes to predict his recidivism rates is used. This system classifies sex offenders into degrees. A New York Criminal Lawyer said that certain offenses will cause the offender to be classified as a higher risk to the public if they…
Court Hears Motion To Supress Search Warrant
On September 25, 2003, the Associate Village Justice of the Supreme Court, issued a search warrant directed to “any police officer of the County of Nassau.” A New York Criminal Lawyer said the search warrant found that there is probable and reasonable cause for the issuance of the warrant to…
Potential Juror Misconduct Reviewed In Sex Crimes Case
It is difficult to understand the immensity of the responsibility that serving on a jury can be for some people. In this age of electronic information obtainable on the internet and even on a person’s telephone, it can be a daunting task for a juror to follow the instructions provided…
Court Determines if Jury Instructions Were Misleading
In the early 1970’s the rape law in New York required that the complaint of the victim had to be corroborated by a third person in order to obtain a conviction. A New York Sex Crimes Lawyer said this seems archaic these days and made it almost impossible for a…
Court Decides if Confession of Minor is Admissible
A peace officer (not a police officer) was walking along the corner of 14th Street and 31st Avenue at around 6:30 p.m. on July 19, 1963. He saw a 15 year old boy standing on that street corner. A New York Drug Crime Lawyer said he saw another person approach…