A successful criminal defense lawyer must know the Rules of Evidence in New York. As a general rule, the trial judge is the gatekeeper when it comes to what evidence a jury is able to consider. However, judges are bound by certain rules of evidence which are written by lawmakers.…
Under the Fifth Amendment to the United States Constitution, citizens have a right to be free from self-incrimination. The extent of this right, including in what situations it applies, has long been disputed. Currently, courts consider the Fifth Amendment to attach when police engage in the custodial interrogation of a…
Whether you are a resident of New York state, or are just visiting, you are expected to know and follow all state and federal laws. This is particularly important for criminal laws and gun laws. But even the courts can sometimes have a hard time deciding which acts are unlawful…
When someone is arrested and charged with a serious New York crime, they are often subjected to pretrial incarceration. This may be because they are unable to afford bail on their new case, the Court held them without bail, or because they were on probation or parole at the time…
As a general rule, police officers cannot enter a home without a warrant. While exceptions do exist, they are somewhat rare and are better left for another blog post. Once a police officer obtains a search or arrest warrant, the officer must comply with all procedural guidelines governing the execution…
As this blog has discussed on several occasions, New York law provides that evidence which is obtained in violation of a person’s constitutional or statutory rights cannot be admitted in a criminal trial against that person. Most often, a motion to suppress evidence refers to physical evidence such as a…
Evidence of someone’s prior acts is generally not admissible in a New York criminal trial. However, under The Guide to New York Evidence Sec. 4.21, evidence of past “crimes, wrongs, or other acts” may be admissible under certain limited situations. Rule 4.21 specifically prohibits the introduction of prior-act evidence when it…
Generally speaking, hearsay evidence is not permitted to be considered by the jury in a New York criminal trial. However, there are certain exceptions where a hearsay statement may be properly admitted. What Is Hearsay? The concept of hearsay can be complex to grasp, but essentially a hearsay statement is…
Character evidence is one of the most misunderstood types of evidence available. It is also evidence that can backfire on the party calling the witness. As a rule, all relevant evidence is admissible in New York criminal trials. Relevant evidence is defined as evidence “having any tendency to make the…
A state court recently issued an opinion in a New York gun possession case requiring the court to determine if a gun found in the defendant’s motor home was the product of an illegal search. Ultimately, the court concluded that the defendant’s motorhome was afforded the same protection as any…