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NEW YORK’S “MOVE OVER” LAW JUST EXPANDED

New York’s “move over” law was expanded starting at the beginning of this year (January 1, 2012) making it applicable to not only emergency vehicles that are stopped on the side of the road but now to “hazard vehicles”. The law, which originally went into effect last January originally only…

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OVER CRIMINALIZATION – Part III – There Are No Accidents

The Wall Street Journal Reported last week, that criminal charges were being prepared against British Petroleum and/or individuals who worked for British Petroleum and who were supposedly responsible for the oil spill that occurred in the Gulf of Mexico last year after the Deep Water Horizon drilling platform caught fire.…

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OVER CRIMINALIZATION – Part II – COLLATERAL CONSEQUENCES OF ARRESTS

As of 2008, 2 million youths are arrested each year. While the original intent of the juvenile justice systems created throughout the country was to prevent stigmatization and collateral consequences that could naturally flow from an arrest. As experienced criminal defense lawyers know the system is less than perfect in…

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OVER CRIMINALIZATION – Part I, LEADS TO STAGGERING NUMBER OF YOUTH ARRESTS

The issue of the over criminalization of our society has been the focus of an increasing amount of media coverage and even led to recent hearings in congress. As discussed in the past in this blog (September 27, 2011 blog), the number of federal criminal statutes has increased to over…

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WALL STREET JOURNAL ARTICLE FOCUSES ATTENTION ON OVERCRIMINALIZATION IN FEDERAL LAW

An article in today’s Wall Street Journal entitled “As Federal Crime List Grows, Threshold of Guilt Declines” focuses public attention on two trends that has long been followed by Federal Criminal Defense lawyers and has raised concerns among civil rights advocates and attorneys. The first trend, involving the rapid and…

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SECOND DEGREE AGGRAVATED HARASSMENT – SPEECH HAS CONSTITUTIONAL PROTECTION

Aggravated Harassment in the Second Degree defined under New York Penal Law 240.30, makes it a class “A” misdemeanor, punishable by up to one year in jail to basically cause a communication to occur with another person by mail or telephone or other electronic means in a manner likely to…

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