Sexually Motivated Felony Charges in NY
By Jill K. Sanders, Esq. When a crime has been committed but is not a sex offense, there may have been a sexual motivation. In New York, such can be charged as a “sexually motivated felony.” When t...
NY’s Central Register of Child Abuse and Maltreatment
By Jill K. Sanders, Esq. An allegation of child abuse or maltreatment can lead not only to criminal charges. Such can lead to a parallel investigation by a child protective agency. If they determin...
A Criminal Defendant’s Waiver of the Right to a Trial by Jury
By Jill K. Sanders, Esq. In criminal cases in New York, a defendant enjoys a right to a trial by jury. This right is protected by both the U.S. Constitution as well as the New York State Constituti...
Traffic Stops and Pat-Down Searches by Police in New York
By Jill K. Sanders, Esq. You’ve been pulled over by a police officer. It's just for a traffic violation – your taillight is out, you moved out of a lane without signaling, or some other minor infra...
Clemency in New York: Pardons, Commutations, and Restoration of Rights
By Jill K. Sanders, Esq. Many people have heard of the President of the United States granting clemency. But individual state Governors can grant pardons as well. Here, we discuss the difference be...
No “Community Caretaking” Exception to Search of Home Without Warrant
By Jill K. Sanders, Esq. The Fourth Amendment of the US Constitution states, “The right of the people to be secure in their… houses… against unreasonable searches and seizures shall not be violated...
Client’s Rights: What Defendants Should Expect From Their Attorneys
By Jill K. Sanders, Esq. If you’re facing criminal charges, one of the most important relationships you have is that with your lawyer. But what if he doesn’t return your calls? If she doesn’t expla...
The Trial Penalty: Why Criminal Defendants Often Take a Plea Bargain
By Jill K. Sanders, Esq. Most criminal cases in today’s legal system are resolved by the defendant entering a guilty plea rather than by trial. Why? Because if a defendant goes to trial and is foun...
Constructive Possession: Is the Contraband Really Yours?
By Jill K. Sanders, Esq. You can be charged with a variety of crimes for possessing illegal contraband. Namely, this includes drugs, weapons, and stolen property. But what happens if you are not ph...
Is an Equipment Violation Ticket Probable Cause for a DWI Stop?
By Jill K. Sanders, Esq. As we discussed in our recent blog, a car stop by a police officer is lawful in only a certain number of situations. One is when the copy has probable cause to believe the...
When Your Criminal Court Accusatory Instrument Contains Errors
By Jill K. Sanders, Esq. Lots of paperwork gets filed when you’re charged in criminal court. For example, the accusatory instrument, supporting deposition, bill of particulars, order of protection....
Case Study: Can the Police Stop Your Vehicle for an Impound Report?
By Jill K. Sanders, Esq. A police officer may perform a license plate inquiry on any vehicle on the road and can do so even before a traffic stop. Sometimes, the inquiry tells an officer if the reg...