Criminal Law Archives - Page 8 of 24 - Pappalardo & Pappalardo LLP

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...

Virtual Court Appearances & the Right to Confrontation

By Jill K. Sanders, Esq. The Sixth Amendment of the U.S. Constitutions states that “in all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him....

New York’s DVSJA: Sentencing Options for Victims of Domestic Violence

By Jill K. Sanders, Esq. In May of 2019, New York’s Domestic Violence Survivors Justice Act (DVSJA) was signed into law. Previously, we mentioned the new law in a blog, and now we're detailing the...

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...

How to Expunge a Prior Marijuana Conviction in New York

By Jill K. Sanders, Esq. In 2021, New York didn’t just decriminalize marijuana – the state legislature made it legal for recreational use. Under these new laws, convictions for such can, in some ca...

When a Witness is Unavailable to Testify in a Criminal Trial

By Jill K. Sanders, Esq. In criminal prosecutions, there can be a lot at stake. For some defendants, they are facing years in prison – perhaps even the rest of their lives. Unfortunately, they may...

How Desk Appearance Tickets Really Work in New York

By Jill K. Sanders, Esq. Sometimes, when you’re alleged to have committed a crime, you’re not always taken into custody. In these cases, cops don’t use handcuffs and jail cells – they issue a Desk...

Auto Theft and Unauthorized Use of Vehicle in New York

By Jill K. Sanders, Esq. There are many rules and regulations about the use of cars and other vehicles. In addition, various laws criminalize when a car is used without the owner’s permission or if...

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...

How Witness Mis-Identification Can Happen In Criminal Court

By Jill K. Sanders, Esq. When police investigate a crime, they ask victims and witnesses if they could identify the perpetrator. This is especially so in cases where the crime is committed by a str...

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...

Factors Which Lower Risk of Future Criminal Behavior

By Jill K. Sanders, Esq. Recidivism is when someone who has been convicted of a crime commits another crime thereafter. Punishment for an offense is one way to lower the risk of future criminal beh...

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