Criminal Justice Insider
An in-depth review and analysis and of emerging topics in both federal and New York State criminal law. This blog explores developments in substantive and procedural criminal law, providing practical insights to the latest case law and statutory changes.
On January 1, 2022, Alvin Bragg became the first African American to be sworn in as the District Attorney for New York County. He kicked off his ground-breaking tenure by announcing a series of dramatic changes which affect all aspects of affecting criminal justice in Manhattan.
On December 22, 2021, New York Governor Kathy Hochul signed into law the “Truth in Vaccination Act.” By amending certain aspects of the penal law, the “Truth in Vaccination Act” seeks to make it illegal to falsify proof of COVID-19 vaccination.
The Government and the Courts continue to struggle with taint teams.
The role of remorse in federal pleas and sentencing explained.
A new standard for pre-trial orders of protection in criminal cases.
US tightens leash on money laundering through the opaque art market.
Supreme Court changes the scope of criminal liability under the Computer Fraud and Abuse Act (CFAA).
Second Circuit expands the scope of insider trading liability.
The “Son of Sam Laws” explained.
A criminal law perspective on the legalization of recreational marijuana use in New York.
Ethical obligations of prosecutors concerning exculpatory evidence.
The State of Bribery in the Second Circuit.
How to maintain privilege when working with consulting experts in criminal cases.
Is there a time when communications between an attorney and a client are not protected?
How to manage the collateral consequences of a State Criminal Conviction.
What happens when Criminal Defense attorneys make mistakes?
The President and the potential tax evasion.
The considerations for virtual cross-examination of witnesses in criminal trials.
How can a judge can arrive at two different sentences for two different defendants for substantially similar conduct?
On August 10, 2020, grand juries will resume in New York City after a four-month hiatus.
TV shows spread a pernicious myth about the criminal justice system: that a victim of a crime has a say in whether the prosecution proceeds. This is the notion of “pressing charges” or alternatively “dropping charges.” All too often on television, a fictional victim agrees to “drop the charges” following an epiphany or reconciliation with the defendant. While such a tactic makes for great television, it bears little resemblance to real life.
Ask Me No Questions (and I’ll Tell you No Lies): Limitations on Questioning by Judges in Criminal Proceedings
The limitations on questioning by judges in criminal proceedings.
The Supreme Court overturns “Bridgegate” convictions.
Criminal liability for COVID-19 relief fraud.
The number of motions for compassionate release have been transferred from Bureau of Prisons Facilities to home confinement.
Changes to New York State’s 2020 bail reform laws in the 2021 state budget.
The precarious state of the insanity defense.
The current state of criminal courts in New York.
Corporate cyberbullying and the criminal justice system.
The legality of app-based witness contact.
The Second Circuit’s holding in United States v. Silver explained.
Potential new restrictions on government taint teams.
A new criminal justice system in New York State.
Paul Manafort's case highlights New York State's double jeopardy policy.
The Court of Appeals issues new guidance on plea waivers.
Passports and Passwords: New Limitations on Warrantless Searches of Electronic Devices at the Border
New limitations on warrantless searches of electronic devices at the border.
The intersection of state criminal law and federal immigration enforcement.
Second Circuit limits bail options for wealthy defendants.