prosecutor Archives - Pappalardo & Pappalardo LLP

“Rape is Rape”: New Rape Laws Coming to New York

By Jill K. Sanders, Esq. In January, the Governor signed new legislation, which updates the definition of rape under New York State law. Pursuant to the new rape laws, penetration will no longer be...

Qualified Immunity – When Public Officials Are Sued

By Jill K. Sanders, Esq. Those who have been wronged by the state or its officials have the right to hold government officials accountable through civil lawsuits. Yet through case law, courts have...

Use of Ballistics Evidence in Court Called Into Question

By Jill K. Sanders, Esq. When a firearm is used in a crime, bullets and fragments can be left at the scene. For investigators, this can be a source of potentially identifying evidence. But can poli...

Actually Innocent: How Common Are Wrongful Convictions?

By Jill K. Sanders, Esq. Blackstone’s ratio is taught in many criminal law classes. Written by English jurist William Blackstone, the idea is that it is better that ten guilty persons go free than...

NYC Says It Is “Cracking Down” on Retail Theft

By Jill K. Sanders, Esq. You’ve probably read about it in the news – in recent years, there’s been a reported increase retail theft in New York. According to some, the increase can be attributed to...

Opinion: New Report on Discovery Reform is Just Propaganda

By Jill K. Sanders, Esq. The views expressed in this opinion piece are those of the writer only. They are not necessarily the views of the law firm or any of its attorneys. Last week,...

What Makes a Competent Witness in a Criminal Prosecution?

By Jill K. Sanders, Esq. When a person is on trial for a crime, the only evidence the jury can consider is competent evidence. This is evidence which is admissible, material, and relevant. When it...

Predicate Felony Sentencing in New York Criminal Courts

By Jill K. Sanders, Esq. When it comes to sentencing, a person’s criminal history matters. If a person has prior convictions – whether for violations, misdemeanors, or felonies – the prosecutor and...

More Changes to New York’s Discovery Laws

By Jill K. Sanders, Esq. As we discussed in our blog last week, New York's 2022-2023 budget included some criminal legal reforms. In addition to changes to bail, there have been some changes to law...

Criminal Defendants Can File Section 1983 Lawsuits Without Proof of Actual Innocence

By Jill K. Sanders, Esq. After his criminal case in Brooklyn was dismissed before trial, Larry Thompson filed a Section 1983 lawsuit. In that lawsuit, he claimed the NYPD had maliciously...

Dropping Criminal Charges: What Crime Victims Face in New York

By Jill K. Sanders, Esq. Most crimes are committed in the heat of the moment. In most cases, the perpetrators and the crime victims know each other. As with domestic violence cases, the parties may...

Criminal Prosecution of Hate Crimes by the Federal Government

By Jill K. Sanders, Esq. In the United States, the Department of Justice (DOJ) prosecutes federal hate crimes. This began after the enactment of the Civil Rights Act of 1968. These crimes can intim...

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