Tommy Cetnar: We’re back to The Tommy Cetnar Show, August 15th. We’ll get into this special date in our last 10 minutes. Robin, we have a great man here. I’m going to have to read it as is. This former Detective Sergeant, who then went and put himself through law school. Mr. Robert [...]
Law enforcement and intelligence agencies around the world use facial recognition technology and other AI in investigations to track targets’ movements and as evidence in prosecutions. While books and movies often portray this technology as highly advanced and foolproof, reality can be quite different. Recent cases have demonstrated that facial recognition technology is far [...]
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 [...]
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.