Syracuse Criminal Law Blog

When some people have had too much to drink or were under the influence of drugs, they say that they were “not themselves.” That is, that any actions they took while in an intoxicated state were influenced by the drugs or alcohol, and were not something they would usually do. When criminal acts are involved, the intoxicated person may argue that there should be no criminal liability because he or she

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

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

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

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

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