Syracuse Criminal Law Blog

Federal Prosecution for Seeking Re-Entry into the United States

United States immigration policies have been scrutinized in the media in the lead up to the 2016 presidential elections. Most of the discussions have revolved around the action or inaction of the federal government when it comes to deporting people who come into the United States unlawfully. In a 2013 report, Human Rights Watch cited the federal crimes of illegal entry and illegal re-entry as the most federally prosecuted crimes. Many

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New York State Versus Federal Penalties for Possession of Marijuana

The legalization of marijuana for both medicinal and recreational use has been on the rise nationwide for several years. Although many states have acknowledged the value in medicinal marijuana, only two have taken steps to allow the legal use of marijuana recreationally. In New York State there have been attempts to legalize, regulate, and tax marijuana as is done with alcohol through legislation such as the Marijuana Regulation and Taxation

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Cooperating With the Prosecution

The use of confidential informants in law enforcement can sometimes be a grey area that can be exploited by both the informant and the law enforcement agents involved. Becoming a confidential informant can be a way to avoid going to prison, although it may also mean accepting the informant role for a quite some time. Becoming an informant can also be dangerous when it exposes the informant to threats of

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Federal Requirements for Campus Assault Investigations

When a sexual assault on a college campus is reported and an accused named, it can have far-reaching effects for both the victim and the accused. Unfortunately, the investigations surrounding campus sexual assaults have been criticized as being both unfair to the accused and sometimes inadequate for the victim. Federal Law and Campus Investigations For colleges and universities that receive federal funds, there are some basic guidelines that they have

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New York State Police Wind Down Drunk Driving Campaign

Labor Day weekend can mean more than a welcome break from work with a three day weekend of relaxing with friends and family; it can also mean an increased chance of being arrested for driving while intoxicated. New York State police and local police departments across the state have collaborated in a national campaign, “Drive Sober or Get Pulled Over,” which ran from August 19, 2015 to September 7, 2015.

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University Students May Soon Receive Additional Rights When Faced With Disciplinary Action

College students at any institution in America are fully aware that a disciplinary hearing facilitated by a university is nothing to joke about. Not only can a student potentially be expelled or suspended, but the stigma that goes along with being the subject of a university disciplinary investigation or hearing can be extremely hurtful while attending the university and well beyond graduation. A new bill that was proposed in Congress

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Second Circuit: Drug Buyer Not Automatically Part of Drug Distribution Conspiracy

Federal drug allegations are serious matters. Many federal drug prosecutions involve potential mandatory minimum prison terms that require convicted drug offenders to spend a minimum amount of time behind bars. One of the most serious types of drug-related convictions – for participating in a conspiracy – can punish the defendant for the actions of others, resulting in liability for more than the amount of drugs the person sold or possessed

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Could Built-in Alcohol-Sensing Technologies Be Coming to All Vehicles?

All drivers know that getting behind the wheel of a vehicle after drinking too much is a bad idea. Many individuals have had the experience of getting into the driver’s seat of a car or truck and asking themselves, “Am I good to drive, right now?” Some drivers will attempt to recite the alphabet backwards or walk an imaginary straight line in an attempt to preview their performance if they

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Justice Department Seeks to Prevent Criminal Record Expungement

The purported purpose of the criminal justice system and in particular, the Department of Justice, is to transform those who enter the system from convicted criminals to functioning members of society. The sad truth is that a federal prison or a stint on federal probation may only be the beginning of a lifelong sentence of difficulties for those convicted of a crime that can include increased roadblocks when attempting to

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Federal Sentencing Laws May Soon Be Changing

Being investigated, prosecuted, and convicted by a federal court is never a pleasant experience. The long and drawn-out process can wear a person down without ever having a prison sentence imposed on them. But the real anguish comes at sentencing, when a convicted federal defendant has their fate determined. Although many would like to believe otherwise, a sentence is not completely up to a federal judicial officer. Mandatory minimum sentences

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