Presenting Factors in Your Favor to Reduce Sentencing After a defendant is convicted of a crime, his sentence is often still not cast in stone. Unless the court has made a sentencing commitment as part of a plea bargain, the defendant’s sentence could range anywhere from a sentence that does not involve jail – or a mandatory minimum if there is one – up to the statutory maximum. That
The Sale of Firearms Under Federal Law According to Federal Bureau of Investigation (FBI) statistics, there were sixteen active shooter incidents per year in the United States between the years 2009 and 2012. These have included fatal shootings in movie theaters, elementary schools, and political rallies. In response to the latest shooting, President Obama recently announced new federal gun control measures that will be implemented under the authority of
The recent charging of a prominent celebrity for sexual assault in Pennsylvania stemming from an incident that was claimed to have occurred in 2004 has raised questions regarding the statute of limitations for such a crime, not only in Pennsylvania, but around the country. The statute of limitations for charging a person with a crime is the time within which a prosecutor may charge a person for a crime before
There is some good news this holiday season as the Governor of New York, Andrew Cuomo, announced that he will pardon thousands of adults who were convicted as young offenders in New York. The opportunity will be available for people who were convicted of non-violent, non-sexual offenses when they were 16 or 17 years of age. The New York State Constitution empowers the governor to grant reprieves, commutations, and pardons to
Earlier this year, Governor Cuomo signed the “Enough is Enough” law, aimed at addressing the perceived sexual assault problem at colleges in New York State. The main purpose of the law is to ensure the implementation of uniform responses to reports of sexual assault, domestic violence and related crimes on campus. There are some provisions within the law that offer safe harbor for other students who may report sexual assault. As
Sentencing for federal drug crimes has been criticized as being unduly harsh, especially for low level drug offenders. Federal sentencing guidelines have sometimes resulted in seemingly unjust high prison terms for low level non-violent offenders. Changes to the federal sentencing guidelines in 2014 led to the implementation of Amendment 782, commonly referred to as “Drugs Minus Two,”which lowered many drug quantity offense levels by two levels. These sentencing changes apply
Having a criminal record can be a great barrier to obtaining gainful employment. People can be wary of hiring employees with criminal records because they do not find them trustworthy or because they are afraid that their customers would object if they knew that the employee had been in trouble with the law. Nevertheless, people with a criminal conviction should not be punished for the rest of their lives for
In New York, the Office of the Attorney General’s Public Integrity Bureau investigates and pursues criminal charges of public corruption, especially involving fraud, government corruption, and abuse of authority. Depending on the nature of the crime, the Federal Bureau of Investigation can also investigate these charges. There are several state and federal laws under which a public official can be charged in public corruption cases. Often the prosecution charges the
The Fifth Amendment to the U.S. Constitution holds that in order to be charged with a capital or “otherwise infamous” crime, a person has to be indicted by a grand jury. The U.S. Supreme Court has held that this Fifth Amendment requirement is not imposed on the states, and a grand jury indictment is not therefore not constitutionally required for a state felony. The New York state constitution, however, mirrors the U.S.
Being arrested can be a frightening experience, especially if it is happening for the first time. The bad situation can become worse if you have to spend the time awaiting your trial in jail. Due to the backlog in the court system and a variety of other reasons, it can sometimes take a very long time for your case to go to trial. One of the first steps in the