Family Court: An under utilized resource for the criminal defense attorney

Posted by on October 15, 2014 in Blog | 0 comments

Family court proceedings can be the ultimate source of discovery for the criminal defense attorney. Where a child neglect/abuse petition is filed in family court against a parent of a child or a “person legally responsible” for a child, there is often a companion criminal case.  The allegations in both venues are often identical.  Despite this, criminal defense attorneys (in my experience) seldom contact a client’s family court attorney or observe the family court...

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When can the five day time limit to file a motion to dismiss an indictment based on violation of the defendant’s right to testify before the grand jury be extended?

Posted by on October 10, 2014 in Blog | 1 comment

Lets take a trip down memory lane to the ‘80s: a time when hair was big, music was bad, and some important cases that are still good law concerning grand jury practice and, in particular, motions to dismiss an indictment pursuant to CPL § 190.50 based on a violation of the defendant’s right to testify before the grand jury were being decided.  With respect to grand jury proceedings, the district attorney has a “duty...

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Federal Standing: Don’t Take it Lying Down

Posted by on October 4, 2014 in Blog | 0 comments

When you file a suppression motion in federal court, certain things will almost always happen. First, the government will threaten to withdraw offers of resolution and foreswear any future motion for acceptance of responsibility points for your client. (Whether this is proper or not is a topic for a future blog.) Second, the government will challenge your client’s “standing” to make the suppression motion and demand a declaration from your client or, if you have...

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Consulting With An Expert in a Child Sex Case Is More Than A Good Idea

Posted by on September 29, 2014 in Blog | 0 comments

In child sex cases in which these is no corroboration for the child’s allegations, prosecutors frequently call a doctor to testify that the absence of any physical corroboration, even when the allegations are of years of anal or vaginal intercourse, is consistent with the allegations and do not undermine the complainant’s credibility. Without consulting with an expert defense counsel is unable to effectively cross-examine and/or respond to the testimony of the People’s medical expert....

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The Parole Board can’t follow their own guidelines what’s the remedy?

Posted by on September 17, 2014 in Blog | 0 comments

Your client is an inmate serving a 3-9 sentence for Grand Larceny Third starting on November 2, 2011.  During his incarceration he is awarded Merit Time pursuant to Corrections Law § 805 on July 31, 2012 which qualifies him for release after serving 5/6 of his minimum. He was also awarded a Certificate of Earned Eligibility on two occasions July 31, 2012 and again on February 6, 2013. His parole eligibility date is June...

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