New York is one of two states which allow juveniles to be tried as adults at age 16. The large majority of states do not allow prosecution as an adult until such time as the individual reaches the age of 18. It should be noted an individual of age 18 is considered an adult for purposes of voting. Juveniles who are tried as adults and sentenced … [Read more...]
Avoiding Traffic Tickets – Part II
Fighting the Speeding Ticket If you receive a speeding ticket, you should plead not guilty and ask for a trial. In some situations the prosecutors will plea bargain the matter and agree to give you a lesser ticket that involves less points on your license and a smaller fine. This is usually a good approach. Insurance companies often raise the … [Read more...]
Hot Pursuit of an Individual Suspected of Committing a Misdemeanor Does Not Allow Police Officers to Enter His Home
Judge John Wilson sitting in the Criminal Court of Bronx County was recently presented with a case involving a warrant-less entry into a man's apartment. Police officers were investigating a crime scene in the Bronx. Mr. Cruz approached the scene and threw a piece of metal at one of the police officers. The police officer claimed the piece of metal … [Read more...]
Man Convicted Due To Cat’s DNA
In a case in London, England, a British DNA database of cat's DNA was used to convict a man of the crime of manslaughter.John Wetton of the University of Leicester stated "this is the first time cat DNA has been used in a criminal trial in the U.K." The Case Investigators found the dismembered torso of David Guy.His dismembered torso was found … [Read more...]
Gun Kept Out of Evidence
In a recent case in Bronx Criminal Court, Judge John Wilson threw out the criminal charge of attempted criminal possession of a weapon against a defendant named Black. Police Heard Gun Shots Police Officer's testified they heard gunshots. Upon hearing the gunshots, they traveled in the direction of the sound of the shots. While traveling in that … [Read more...]
Evidence Found after Questioning a Suspect Without “Founded Suspicion” Inadmissible
A man had parked his car illegally. A Police officer walked up to the car. He asked the man if he should be aware of anything in the car. The man consented to a search of the car. The police officer found a handgun in the car. The issue presented to an Appellate Court in upstate New York was "[did the police officer have] reasonable suspicion … [Read more...]
Bad Eyewitness Identification
The Supreme Court in the State of Oregon has taken a very progressive approach to eyewitness identifications of suspects in criminal actions. In a unanimous decision, the Oregon Supreme Court changed how eyewitness identification is utilized in criminal prosecutions in Oregon. The court's ruling shifts the burden of proof. Prosecutors in Oregon now … [Read more...]
Driving While Intoxicated (DWI) Charges Dismissed
In a case before Gerri Pickett in the criminal court of Kings County the Judge found the accusatory instrument charging an individual with driving while intoxicated was facially insufficient. Her conclusion was based upon the fact there were no actual allegations supporting the charges essential elements in the accusatory instrument filed by the … [Read more...]
New York Police Officer Convicted of Robbing Drug Dealers
Jorge Arbaje-Diaz was a New York City Police Officer. He was arrested in 2008. He was charged in a federal court proceeding with fourteen other members of a robbery crew. The charges against him say that they posed as police officers for the purposes of robbing narcotics dealers in the east coast. Arbaje-Diaz and one other member of the … [Read more...]
Coerced Interrogations
A documentary “Scenes of a Crime” deals with ten hours of taped interrogations of Adrian Thomas at a police station in Troy, New York, in 2008. The ten hours of taped interrogations resulted in a disputed confession which is the subject of the documentary. The confession related to a high profile baby killing case. The Appellate Division for the … [Read more...]
