Earlier this month, a limo was traveling downhill on a rural highway, failed to stop at an intersection and crashed into an unoccupied car. As a result, 20 people were killed, including 17 friends traveling in the limo, the driver of the limo and two people standing by in a nearby parking lot. Investigators discovered that the evidence showed that the collision was a high-energy impact, but could not confirm speeding, as that there were no skid marks near the crash site. The driver of the limousine in question reportedly was operating the limo with an improper license.
It might be easy to assume that once a person in New York is arrested and charged with a crime, they will inevitably wind up pleading their case before a jury, who will decide their guilt or innocence. However, many criminal cases are ultimately resolved not in trial, but instead through out-of-court plea negotiations.
In last week's post we discussed the Fourth Amendment rights people in New York and nationwide have against unreasonable searches and seizures. We discussed when a search is "reasonable" and when a person has a "legitimate expectation of privacy." Today we're going to examine what the police are prohibited from doing when it comes to searches and seizures.
Americans in New York and across the nation are vested with certain fundamental rights to protect their privacy and freedom. For example, under the Fourth Amendment people's privacy rights are protected from unreasonable searches and seizures by law enforcement officials. However, what is considered "reasonable" and "privacy" is broader than you might think. Therefore, it is important to understand what police are permitted to do in a search and seizure, so you can formulate a criminal defense strategy if necessary.
New York is home to many outstanding universities, and young adults in college may already be looking forward to the start of the next school year. They understand how important higher education can be, and gladly pursue the major that will hopefully lead to a stable job in their chosen profession upon graduation. However, a college education in New York is not cheap, and many students need to take out federal loans to pay for tuition, books, residence in a dorm and other necessities.
Every year, thousands of people under the age of 18 are charged with various crimes, from shoplifting to drug possession. In New York, children and teens from ages 7 to 16 can be charged with a crime and go to court. Generally, these minors will be classified as juvenile delinquents, juvenile offenders, or youthful offenders.
Despite what you may have seen on television, a majority of criminal cases are resolved without going to trial. Generally, prosecutors and defense attorneys will work together to negotiate a deal based on the circumstances surrounding the alleged crime and the amount of evidence the prosecutor has against the defendant.
Sometimes, a teenager in New York will commit a crime. They may have been influenced to do so through peer pressure or they may not be mature enough to understand the long-term consequences they would face if caught. No matter what the reason, if convicted the teen's criminal history may be accessible to the public. This could be very detrimental to a teenager, especially once they reach adulthood. Their criminal history may be available to potential employers, landlords and others. Because of this, the teen's criminal history could affect them not just in the here-and-now, but for their entire future.
It is an unfortunate reality that some family disagreements in New City escalate to the point that it is considered a domestic assault. Being arrested on these charges can cause major upheaval in a person's life not just personally, but professionally as well. There can be fines, jail time, restraining orders and many other issues in the aftermath. What can make these situations worse is when law enforcement is called and the person who is alleged to have committed domestic violence is accused of refusing to comply with orders from law enforcement. It might even rise to assault charges against police, opening a whole different level of charges. Those who find themselves confronted with these problems must remember their right to have a legal defense.
Robbery charges often stem from allegations that a person threatened the use of immediate physical force while attempting to deprive someone of their property or while committing larceny. Forcibly taking property from another person in New York can result in serious consequences. Generally in New York a conviction for third-degree robbery may result in two to seven years in jail, while a first-degree robbery conviction may result in 10 to 25 years in prison. The court may also fine you up to $5,000 or double the amount you gained from the robbery.