Syracuse Criminal Law Blog

Immunity From Prosecution When Testifying

Cooperating with law enforcement officials during a criminal investigation can sometimes lead to an offer of immunity. If the person cooperating could also be charged with a crime based on the information provided to law enforcement officials, a grant of immunity can offer future protection and keep the person out of jail. However, not all grants of immunity ensure the government will not prosecute a cooperating witness for a crime

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Interacting With Police Officers During an Arrest

Sometimes police arrests do not go smoothly, and people get hurt or die while in police custody. With this issue gaining national attention, it is not uncommon for people to pull out cell phones and start recording when the police try to arrest their friends, family members, or even strangers. Recording the police interaction or trying to protest the arrest of another person, however, sometimes results in the person’s arrest

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Criminal Charges Following Fatal DWI Accidents

Criminal Charges Following Fatal DWI Accidents   The dangers of driving drunk to a driver and other road users cannot be understated. When a driver who operates a vehicle while under the influence causes an accident, the other people involved in the accident can be seriously injured, and in some cases, death may occur. When a person dies from an accident caused by an intoxicated driver, the driver’s criminal liability

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Constructive Possession Drug Charges

Drug possession charges can lead to many years in prison if a person is convicted under New York’s drug laws. While this result may seem clear cut when the charged person is arrested in actual possession of the drugs, it may be more confusing to hear of a person’s conviction when the person does not have the drugs in hand at the time of arrest. However, through constructive possession, the

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Selecting a Jury for a Criminal Trial

When a defendant decides to choose a jury trial over a bench trial, where the case is heard by a judge only, jury selection becomes very important to the outcome of the trial. The defense is required to follow certain procedures in selecting, and excluding, potential jurors. At the outset, jury selection starts with a large pool of people who have been summoned to serve on a jury. Gradually, through

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The Constitutionality of Implied Consent Laws

On April 20, 2016, the United States Supreme Court heard arguments in a case that could mean changes to implied consent laws across the country. The case, Birchfield v. North Dakota, presents the question of whether or not a driver can be criminally charged for refusing to submit to a blood alcohol test after an arrest for DUI. The law at the center of the case made it a misdemeanor

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New York’s Proposed “Textalyzer” Law

When a person drives drunk, it is usually possible for the police to test for the person’s blood alcohol content (BAC) soon after the accident, which can show whether or not the driver was committing a crime by driving while his or her BAC was over the legal limit. This is not so easy when a driver is texting and driving; police cannot easily identify after an accident whether the

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Murder By Extension: The Felony Murder Rule

It may seem unbelievable that a person can go to prison for murder when the authorities know that a different person killed the deceased and these facts are presented to the jury. However, it is possible for a person under certain circumstances to be legally charged with murder based on another person killing the victim, under what is commonly known as the felony murder rule. In some states, the felony

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New York State and Revenge Porn

There have been many reports of people’s intimate and explicit videos being shared online without their knowledge or consent. The videos and photographs have been of both celebrities and everyday people, and there are even websites dedicated to hosting these videos and images. Because in most cases these videos and photographs were originally taken with the consent of all parties, and only later released by one party after a relationship

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When are Miranda Rights Required?

Most people can recite at least a few Miranda rights thanks to television police procedural dramas. However, fewer people understand when these rights come into play when dealing with police and what the consequences are if police fail to advise a person of these rights. Knowing when Miranda rights are required is important when it comes to dealing with situations involving police questioning. The protections that are provided to individuals through Miranda

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