Appeals Archives - Page 2 of 3 - Pappalardo & Pappalardo LLP

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...

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

By Jill K. Sanders, Esq. 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. Cad...

Calls Recorded By Jails Can Be Used By Prosecutors

By Jill K. Sanders, Esq. 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...

NY’s Highest Court Upholds SCRAM Bracelet Probation Requirement

By Jill K. Sanders, Esq. A sentence of probation for Driving While Intoxicated (“DWI”) often involves a probation officer monitoring the probationer for consumption of alcohol. For instance, a popula...

The Basics of Handling a New York Criminal Appeal

By Jill K. Sanders, Esq. 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 con...

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

By Jill K. Sanders, Esq. 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 resolv...

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