Bank fraud is potentially punishable with significant jail time. One type of bank fraud that happens frequently is check kiting. This is when someone intentionally writes checks on an account that they know does not have the funds to cover it. The person committing...
Protecting Your Rights And Your Future
Month: June 2021
DECISIONS OF THE WEEK ENDED JUNE 11, 2021
Two important decisions were published this week, one by the Second Circuit; the other by SCOTUS. In Garlick, the Circuit granted a New York State defendant’s habeas petition, finding that the admission of an autopsy report violated the Confrontation Clause, because...
How are drug charges defended against?
Individuals accused of drug possession in New York could face felony or misdemeanor charges depending on the amount. Jail time, heavy fines and a permanent criminal record might come with a conviction. As with all criminal charges, the accused is innocent until proven...
DECISIONS OF THE WEEK ENDED JUNE 4, 2021
The Second Circuit’s decision in Trimm addresses, in depth, the authority of a district court to override the U.S. Attorney’s Office’s decision not to file a § 3553(e) motion, where the parties agree that defendant provided “substantial assistance” but disagree...
The importance of motions in criminal trials
Before and during criminal trials in New York and around the country, prosecutors ask judges to make rulings, issue orders or provide directions. These requests are called motions and they can be made orally during the course of a criminal trial or in writing before...