On June 23, 2022, the Supreme Court of the United States issued a decision that dramatically altered a citizen’s ability to carry a firearm outside one’s home. New York State Rifle & Pistol Assoc. v. Bruen, No. 20-843, was a challenge to New York State’s Law requiring justifiable need and good cause for an [...]
The proper expert retained early in the investigation can assist the client’s criminal defense attorney in their efforts to prevent the charges from being filed, or to assist in developing a defense to aid in plea negotiations or to prevail at trial.
The Department of Justice just announced charges against 21 individuals in a nationwide crackdown of COVID-19 related prosecutions that resulted in $150 million worth of fraud. The schemes were varied and involved medical doctors, medical labs, marketers and others in the healthcare field. For instance, two owners of a lab in California allegedly billed more [...]
It’s 6 a.m. or 8 p.m., your doorbell rings and two people are standing outside holding up their badges and credentials. They say they are Special Agents with the FBI or IRS and would like to talk with you for just a few minutes about something important. They ask if they could come in [...]
When someone pleads guilty or is convicted of a federal or state crime, there are serious collateral consequences, in addition to potential jail time, forfeiture, restitution and other fines and penalties. The term ‘‘collateral consequence’’ means a collateral sanction or a disqualification, a penalty, disability, or disadvantage that is imposed by law as a [...]
Newly sworn in Manhattan District Attorney Alvin Bragg issued new policies and procedures to his staff that substantially altered existing office policy in prosecuting criminal cases. The new directive defers certain prosecutions for lower-level offenses, reduces certain felony offenses, prohibits seeking life in prison without parole, and prohibits seeking bail except in limited violent offenses.
When someone is facing criminal charges they usually worry about the effects on family, reputation and their freedom. And while one’s freedom is of primary importance, there are also serious collateral consequences from a guilty plea or conviction. The loss of voting rights, inability to own firearms, loss or suspension of professional licenses and freedom of movement are some of the long-lasting effects of a criminal record.
When An Attorney’s Advice About the “Risk” of Immigration Consequences May Constitute Ineffective Assistance of Counsel
Criminal defense attorneys representing non-citizen defendants are obligated to provide advice regarding the immigration consequences of a plea or guilty verdict. The Supreme Court’s decision in Padilla made it clear that failure to do so constitutes ineffective assistance of counsel.
A felony conviction has a serious impact on a defendant’s life, even beyond the obvious immediate consequences of sentencing. A person who has a felony conviction on their record forfeits certain rights that other members of the community enjoy. In some jurisdictions there exists a process by which an individual can seek to have a felony conviction expunged from their record, but even this process may not fully restore every right and privilege that the person held prior to their conviction.
The plethora of federal laws and regulations that apply to you is probably not something that you give much thought to on any given day. But perhaps you should, for you might not realize that you may be committing criminal violations practically all the time and not even be aware of it - until someone from the federal government agency accuses you of having committed a crime, at which point it is too late to avoid it.