When Can You Get a New York Criminal Conviction Sealed
If you have ever been convicted of a crime in New York, you know that it may be more difficult to find employment or get government assistance or housing. However, there may be some options for you such as getting your criminal conviction sealed. Requirements to Get Case Sealed In order to qualify to get […]
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The Case of Christie Steiner
When Richard developed lung cancer from exposure to asbestos while on the job, neither he or his wife, Christie, thought their case would make it to the Supreme Court. The Steiners filed a lawsuit citing personal injury against the Volkswagen Group of America, Ford Motor Company and others. Volkswagen moved early in the hearings to […]
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Stand Your Ground/Defense of Justification Laws
According to recent findings from the ABA National Task Force on Stand Your Ground Laws, the task force found that states which have some type of stand your ground law have an increase of 8% in homicide rates and that these laws are biased towards racial minorities. There also appears to be widespread confusion among […]
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Celebrities and DUI
Driving under the Influence (DUI) is one the most serious and potentially life-threatening offence. Different terms are in place for DUI in different jurisdictions. These include Driving While Intoxicated (DWI), Operating While Intoxicated (OWOI) and Operating a Motor Vehicle Intoxicated (OMVI). In the eyes of the law, they are all one and the same thing […]
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Economic Crime Penalties Under Consideration for Revision
The U.S. Sentencing Commission is considering revising the fairness of economic crime penalties while working with Congress to reduce the severity of minimum mandatory penalties. While defense attorneys are recommending reduced sentences for white collar crimes, some judges are critical of the sentencing guidelines believing they are too low for certain economic crimes. Right now, […]
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Deferred Prosecution Agreements: A View From the Trenches and a Proposal for Reform
Deferred and nonprosecution agreements are the Department of Justice’s (“DOJ”) new weapons of choice for “reforming” corporations.1 Rather than risk the severe collateral consequences that accompany an indictment and conviction,2 companies now are offered the opportunity to cooperate, pay massive fines, commit to elaborate undertakings, and remain under probation-like supervision for some period of time […]
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Death Penalty Splits Senate
Two state senators from southeast Iowa are hoping a death penalty amendment won’t stop lawmakers from passing a tougher sex offender bill this year. State Sens. Tom Courtney, D–Burlington, and Gene Fraise, D–Fort Madison, are hoping lawmakers will vote on the sex offender bill without getting caught up in politics over getting the death penalty […]
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Government Drops Prosecution of Miami Attorney Ben Kuehne for Receipt of Legal Fees from Drug Kingpin
Last Wednesday, the Government, through Deputy Assistant Attorney General Kenneth A. Blanco, filed a brief Motion to Dismiss Third Superseding Indictment with Prejudice seeking to dismiss its indictment against Miami, Florida, attorney Benedict P. Kuehne, and also Colombian attorney Oscar Saldarriaga Ochoa, in the criminal action of U.S. v. Velez, 1:05-cr-20770-MGC, in the U.S. District […]
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Brooklyn Carjacker’s Excessive Sentence Reassessed
A Brooklyn Federal Judge John Gleeson has successfully lobbied U.S. Attorney Loretta Lynch to take another look at a Queen’s carjacking case involving a man by the name of Holloway who was sentenced in 1995 to 57 years in prison. Thanks to Judge Gleeson, Holloway will likely be freed in nine months according to his […]
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Defendant Lawyers Complain that Recorded Phones Calls at Jails Violate Defendant’s Sixth Amendment Rights
Attorneys in Florida, Minnesota, New York, Pennsylvania, Tennessee and now Texas have been complaining that their phone calls with their jailed clients are being recorded by law enforcement. A Texas lawyer has filed an amended class action complaint stating that this practice violates a defendant’s 6th Amendment constitutional rights. The Sixth Amendment guarantees criminal defendants […]
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