Appeals Archives | Pappalardo & Pappalardo LLP

No “Community Caretaking” Exception to Search of Home Without Warrant

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.” As such, police must obta...

Client’s Rights: What Defendants Should Expect From Their Attorneys

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 explain the case against you? Wha...

The Trial Penalty: Why Criminal Defendants Often Take a Plea Bargain

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 found guilty, he/she will likely...

Constructive Possession: Is the Contraband Really Yours?

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 physically in possession of th...

Is an Equipment Violation Ticket Probable Cause for a DWI Stop?

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 driver has committed a traff...

When Your Criminal Court Accusatory Instrument Contains Errors

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. With so much paperwork, mis...

Case Study: Can the Police Stop Your Vehicle for an Impound Report?

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 registered owner has a suspende...

Case Study: Use of Low Copy Number DNA Evidence in Criminal Trials

The “CSI effect” can refer to jurors believing in the infallibility of DNA evidence in criminal trials. However, is all DNA evidence reliable? For example, in People v. Cadman Williams, the Court of A...

Calls Recorded By Jails Can Be Used By Prosecutors

If you’ve ever received calls from someone in jail or prison, you’ve likely heard a recording prior to accepting the call. And it usually states that the phone call will be monitored and recorded....

NY’s Highest Court Upholds SCRAM Bracelet Probation Requirement

A sentence of probation for Driving While Intoxicated (“DWI”) often involves a probation officer monitoring the probationer for consumption of alcohol. For instance, a popular tool for probation offic...

The Basics of Handling a New York Criminal Appeal

As a follow-up to our recent post about the basics of New York's criminal justice system, here we'll provide a brief overview of what happens when you appeal a criminal conviction in New York. After a...

Court of Appeals Rules There’s No “Actual Innocence” Claim For Those Who Plead Guilty

Most cases in the criminal justice system are resolved by guilty pleas rather than trials. Usually, it is to the benefit of both the prosecution and the defendant to resolve cases this way. The prosec...

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