Are eyewitnesses always accurate in identifying alleged criminals? Recent studies have shown that in more than 75,000 eyewitness identifications, approximately 33% of the identifications were incorrect. Mistaken identifications have put thousands of Americans behind bars. There have been approximately 250 DNA exonerations in recent years. 200 of … [Read more...]
Colorado’s “Make My Day” Law
Woman Kills Her Boyfriend and Is Not Prosecuted Under Colorado Law Azura Lakin has dodged a bullet and avoided prosecution for murder under Colorado's "Make My Day Law". Azura Lakin is 21 years of age. On October 2, 2011, she had a fight with her boyfriend. During the fight, she slashed his throat with a broken bottle. Her boyfriend Shawn Cassidy, … [Read more...]
Go – kart DWI, A First
Can you receive a driving while intoxicated (DWI) criminal charge for driving a go - kart? The answer to that question is yes. Lennon Safati, age 18, has been charged with a felony for driving while intoxicated, endangering the welfare of a child and other criminal charges. Lennon violated New York's Leandra's Law. He was driving a go - kart while … [Read more...]
Miranda Warnings as Applied to Children
How old must a child be before he or she can understand the Miranda warnings? The Supreme Court of the United States, in the case of J.D.B. vs. North Carolina, dealt with this issue. The court, in this case, rendered a ruling that police must take a suspect's age into consideration when evaluating whether to give the Miranda warnings before … [Read more...]
Nassau County Loses Marijuana Evidence
Recently, Nassau County, New York lost two bags of marijuana. The bags of marijuana had been seized as evidence by police officers. Due to problems with Nassau County's crime laboratory, the marijuana was being shipped to a laboratory in Pennsylvania for drug testing. The shipment was carried by Federal Express. Unfortunately, the marijuana never … [Read more...]
Iraq Immigrant Kills Daughter for Being too Westernized
Faleh Hassan Almaleki was convicted of murdering his daughter, Noor Faleh Almaleki. His daughter was 20 years old at the time he murdered her. He ran her over with his car because he felt she was "too westernized". This sick philosophy was the product of his upbringing in Iran. Honor killings are still common in Arab countries. In such situations, … [Read more...]
The Right to Counsel in a Criminal Case
Ollman Lopez was in jail in Pennsylvania. He was charged with possession and sale of illegal drugs. Detectives from the state of New York went to Pennsylvania and interviewed him in jail. The New York detectives did not make an inquiry as to whether Ollman was represented by an attorney regarding the Pennsylvania criminal charges. Ollman Waives … [Read more...]
Smoker Told to Take Doctor’s Advice or Return to Jail
Mrs. McCloud was released from jail three months early to have a heart transplant. She ignored the advise of her doctors to stop smoking. She now either has to stop smoking, pursuant to the order of Judge Francis D. Ricigliano, or go back to jail! Nassau County District Judge Francis D. Ricigliano told Diane McCloud that she must stop smoking. … [Read more...]
Modification of Criminal Law
DWI's Generally driving while intoxicated convictions (DWI's) are not subject to being expunged. Instead, in some circumstances these records can be sealed. We can also obtain for our clients waivers of civil disabilities for individuals convicted of DWI's. This allows them to obtain commercial licenses in the future or have their commercial … [Read more...]
Medicare Scams
On February 17, 2011, more than one hundred doctors, nurses, physical therapists and other medical providers were arrested as part of a huge, nationwide investigation dealing with medicare fraud. Approximately seven hundred law enforcement personnel were involved in the arrests of individuals accused with illegally defrauding medicare of more than … [Read more...]
