Free Initial Consultation 914-574-8330

Tap Here To Call Us

Category: New York Criminal Procedure

March 24, 2015
New York’s Speedy Trial Rules

By Michael H. Joseph

Share

One of the most effective means of getting a stale criminal case dismissed is a speedy trial motion, which is also commonly known as a 30.30 motion by Westchester criminal defense lawyers. This remedy often comes into play when the prosecution is routinely not ready to proceed. The rules under New York Criminal Procedure Law section 30.30 are relatively straight forward, however, the interpretation of the exceptions often allows the exception to swallow the rule. In general the Defendant has a speedy trial right, and under New York Criminal procedure law, the prosecution must be ready for trial within six… Read More

December 4, 2013
Bronx Supreme Court Upholds Defendants Rights To Call Grand Jury Witnesses

By Michael H. Joseph

Share

In most he said, she said cases, such as assault cases, multi-defendant possession of drugs or a weapon charge, a grand jury proceeding is an effective forum to end a felony prosecution at an early stage. Where there is a viable defense, testing the People’s case at an early stage can prevent a stressful, expensive and lengthy prosecution. Our Westchester criminal defense lawyers have successfully handled numerous grand jury proceedings and aggressively stand up to the prosecutor’s frequent attempts to limit our client’s presentation of evidence. A recent Bronx decision boldly reiterated the rights that defendants have in grand jury… Read More

October 26, 2013
New York Appellate Court To Decide Battle Over New York Prosectuorial Discretion Versus Judicial Power

By Michael H. Joseph

Share

Our New York criminal defense lawyers continue to keep up to date on emerging areas of criminal defense law in the state of New York. An update New York power struggle has emerged over a case involved arrests from an occupy wall street movement where protestors set up a protest in Albany across from the State Capitol Building. The District attorney opted to decline to prosecute the cases and one of the criminal court judges decided that the prosecutor has broad discretion to decide which cases to prosecute dismissed the cases. However a handful of cases landed on the docket… Read More

May 17, 2013
What Sentence Does A Youthful Offender Get In New York

By Michael H. Joseph

Share

Our White Plains criminal defense lawyers have handled many cases involving teenage offenders. There are numerous benefits that the law recognizes for offenders who are eighteen years old or younger and are charged with crimes as an adult. One of the most important benefits is when the youthful offender is charged with a sex crime, the law prohibits the youthful offender from being registered as a sex offender under SORA. Another benefit that New York law provides for youthful offenders is that there is no DNA registry. Normally, under New York law, when someone is convicted of a misdemeanor or… Read More

October 3, 2012
The Use of Experts In Criminal Cases

By Michael H. Joseph

Share

From our White Plains office our experienced Westchester criminal defense lawyers have handled hundreds of criminal cases. Often, where a defendant is innocent, they are blindsided by an accusation which they know nothing about. Often these charges are based on faulty evidence and baseless speculation. Our White Plains criminal defense lawyers have used experts in a number of scenarios to challenge the government’s evidence. A few examples are as follows. In robbery cases, often there is a tape of the incident and then some local police department just says the person is on the tape is someone that they are… Read More

May 17, 2010
New York Courts Again Misconstrue The Prosecutor’s Obligations

By Michael H. Joseph

Share

In general prosecutors have an obligation to disclose to New York criminal defense attorneys, information which tends to establish the defendants’ innocence or undermine the State’s case. Unfortunately the New York Court of Appeals in People v. Fuentes restricted the right of New York criminal defense lawyers right to obtain material which undermines the case against their clients. This ruling will undoubtedly encourage Prosecutors to withold information that undermines the case against criminal defendants and completely undermining the intergrity of criminal trials. In this blogger’s opinion, the New York Courts are misconstruing the federal caselaw. Judge Jones, the dissent in… Read More

January 25, 2010
New York Grand Jury Practice

By Michael H. Joseph

Share

As a New York criminal defense lawyer, I have handled numerous felony cases which went into the grand jury. The decision on whether to put forward a case before the grand jury or preserve your case for trial is always a sensitive decision. Numerous factors must be considered. As a Westchester criminal defense lawyer, I have won Assault cases and gun cases in the grand jury. The situation where clients tend to testify before the grand jury is when the client has a strong defense such as actual innocence, justification, self defense or alibi. Usually, when clients elect to testify… Read More

January 2, 2010
Bail In Yonkers Criminal Court On Felony Cases

By Michael H. Joseph

Share

As a Westchester criminal defense lawyer who handles yonkers criminal cases, I have noticed that some of the local Westchester criminal courts, especially Yonkers have been refusing to set bail on felony cases. The result is that many people who are arrested on felony charges have to sit in jail until their lawyers can get them produced in the Westchester Superior Court. Many criminal defense lawyers who don’t regularly practice in Westchester have been unfamiliar with these new procedures. On average it takes a day or two to have someone who is in remand status, (incarcerated without bail) on a… Read More

December 22, 2009
New York Criminal Defendants’ Right To Release On Own Recognizance (ROR) In Misdemeanors Charges

By Michael H. Joseph

Share

All New York criminal lawyers must be thoroughly familiar with the New York Criminal Procedural Law provisions concerning when a defendant facing New York criminal charges may be released after bail has been set. With a misdemeanor charge, under Criminal Procedural Law 170.70, a person who has been incarcerated because they are unable to make bail for more than five days, not including Sunday, must be released if an information has not been filed. In simple terms, that means that there must be sworn allegations based upon personal knowledge filed with the Court that meets all of the elements of… Read More

December 21, 2009
New York CPL 30.30 And Witness Unavailability Exception To Six Month Indictment Time Limit

By Michael H. Joseph

Share

For New York Criminal Defense Lawyers, insistence on speedy trial rights are a powerful defense strategy for weeding out baseless claims. If witnesses are shaky, they often will not appear for the grand jury which prevents the People from indicting an accused. We have aggressively pursued our client’s speedy trial rights which has resulted in numerous dismissals in numerous questionable assault, gang assault and sexual assault cases in New York City and Westchester. Criminal Procedural Law § 210.20(g) states in pertinent part that after arraignment upon an indictment, the superior court may, upon motion of the defendant, dismiss such indictment… Read More

 
footer logo