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October 2014 Archives

When can criminal assault and battery charges be filed?

From a fist fight between two patrons at a bar to an altercation outside a home that ends in one individual pulling out a gun and shooting and injuring another, criminal charges related to assault and battery are likely to follow. When it comes to prosecuting and defending assault and battery cases, much depends on an individual's intent and justification and the resulting injuries to others.

Securities Enforcement And White Collar Criminal Defense

Most people envision stocks and bonds when thinking of securities. However, partnership interests, options, warrants, agreements to invest, and other investment arrangements all involve securities. Any person who offers or sells any type of security must comply with the securities laws and regulations of the federal government and the state where the transaction is taking place. At a minimum, therefore, sellers of securities must comply with at least two separate sets of laws, i.e., the federal law and the law of the state in which the securities are offered and sold.

Man exonerated after spending 29 years in prison for murder

Imagine being 16 years old and sitting in a police interrogation room without your parents or a lawyer present. As police investigators begin asking you confusing questions, you're terrified and don't understand what's happening. After what seems like hours, you're exhausted and your head is spinning with all of the details and information you've been told by investigators. Desperate to go home, you begin to agree with what investigators are telling you.

NYPD Gloats After Arresting Graffiti Legend COST

In an NYPD internal directive issued on May 2, 2014, a re-emphasis was placed on wiping out graffiti in New York City. Now, police officers carry black, red, and white aerosol spray paint with orders to photograph graffiti, then "box it out" and paint it over "in a professional manner." According to the directive, officers should target "identifiable tags, not large murals" such as those produced legally by the Bushwick Collective in areas such as Williamsburg and Long Island City, where the internationally famous graffiti mecca 5 Points was recently white-washed by developers. Graffiti patrols are currently stalking Bushwick, Brownsville, and Bedford-Stuyvesant, and the there has been an increased emphasis on arresting graffiti artists.

Actions of criminal investigators who set up fake Facebook account in question

Everyone living in the U.S. has certain inalienable rights and protections including the right to privacy. Police officers around the country routinely engage in questionable practices under the guise that their actions are promoting public safety. In some cases, however, the actions taken by police officers and investigators teeter on or even cross lines related to the individual rights of citizens.

Police Catch Man Who Was Shining Laser Pointer At Buffalo Bills Players

Following the Buffalo Bill's 17-14 win over the Detroit Lions on Sunday, team officials for Buffalo filed a formal complaint with the NFL that a Detroit fan was shining a laser pointer at several players during the game last Sunday. Quarterback Kyle Orton and holder Colton Schmidt said they had the laser directed at them during crucial plays of game.

Alleged Drug Kingpin Hid Heroin with Baby Wipes

A Queens man, Gustavo Adolfo Solis, AKA "Chili",  was arranged in Manhattan Supreme Court on Thursday on charges of drug conspiracy and criminal sale of a controlled substance after investigators say they observed him leaving a known stash house with a heroin filled tub of Huggies baby wipes that were inside a plastic Babies R Us bag.

Unlawful Search Deemed OK Because Cops Were Nice

No provision of the Bill of Rights has had a greater impact upon NY State criminal procedure than the Fourth Amendment. The Fourth Amendment governs searches and seizure conducted by federal and state governmental officers. In our country, searches of an individuals' private property may only be performed after a search warrant is signed by a judge. An exception to this rule is when an individual gives the police valid consent to search their property. This can pertain to anything, including a persons' home, car, phone or handbag. Keep in mind that the prosecution has a heavy burden of establishing that someone consented and that it was voluntarily given. That was the exact issue that presented itself in United States v. Whisenton, a recent Court of Appeals case out of the 8th Circuit.

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