This is the third part of a multipart blog post written by a New York City criminal defense attorney that centers around issues concerning Miranda warnings and the suppression of statements. Part One focused on when the police were legally obligated to read a suspect his Miranda warnings. Part Two focused on what is considered an “interrogation.” This part focuses on the ramifications of requesting a lawyer and when the the right to a lawyer “attaches.”
This is the second part of a multipart blog post written by a New York criminal defense attorney centering around issues concerning Miranda rights and what the remedy is when they are violated. Part One had to do with when a person is considered to be in police custody. This part centers around when police conduct constitutes an interrogation.
“You have the right to remain silent and to refuse to answer questions; anything you say can and will be used against you in a court of law; you have the right to an attorney; if you can afford an attorney, one will be provided to you free of cost.” Everybody has heard cops on TV say these words whenever they place a person in handcuffs. A common point that prospective clients make when they first meet me though is that the police never read them these rights. Thanks to TV, movies, and other forms of pop culture, just about everyone knows what the Miranda rights are. Despite this truth, however, I am not so sure most people actually understand what they actually are, when police officers are required to give them, and what happens if the police fail to adequately advise someone of their rights when they are arrested. This is a multi-part blog post dedicated to clearing up these issues.
This is the fourth part of a multipart blog post about search and seizure law. I previously discussed legal issues surrounding street encounters with the police under the federal and New York constitutions and circumstances surrounding searches of a car. Here, I intend to discuss searches of a person’s actual home.
This is a multi-part blog post written by a criminal defense attorney dedicated to explaining the circumstances in which the police are allowed to search a person, his car, or his home. Parts one and two were about when the police can search you after they encounter suspicious activity in the street. Part one described the rules under the federal constitution and part two described the rules under New York’s constitution. This post is intended to explain the circumstances under which a police can search your car after they’ve pulled you over. This is only a general post about the issues associated with these circumstances and is not intended to substitute legal advice.
In the previous blog post, I wrote about the circumstances under which a police officer may search someone they encounter on the street within the confines of the federal constitution. In other words, it attempted to answer the question of to what extent does the 4th Amendment to the U.S. constitution prohibit police officers from randomly searching people. Here, I write about the circumstances in which the N.Y. constitution prohibits police officers from randomly searching people. This is only a general post about the issues associated with these circumstances and is not intended to substitute legal advice.
New York City criminal defense attorneys are often always asked under what circumstances can the police search you, your car, or your home. People tend to know that the 4th Amendment stops the police from conducing unreasonable searches and seizures, but beyond that there’s a lot of confusion. This is the first in a multi-part post that attempts to address these complicated issues. These are only a general posts about the issues associated with these circumstances and are not intended to substitute legal advice.
In the last few blog posts I’ve discussed how bail works in the New York State Court system, the different kinds of bail bonds that exist, and how a surety hearing works. In this post I’m going to briefly tackle how bail works in the Federal system. Bail and how bail works in the federal system is a lot different than in the New York state system.
An observer at a New York City criminal court arraignment may hear a judge set bail in a certain amount and will then hear the judge say “and I am ordering a 72-hour surety.” Clients, their families, and defense attorneys are annoyed when they hear the judge order the surety because it means the defendant will likely have to stay in jail for at least another three days even though people can bail him out immediately. So what exactly is a surety?
In my previous post, I discussed how bail works in New York. The next question that usually comes up when discussing this topic is: what are the types of bail that exist? What happens after a judge just set a dollar amount of bail necessary to ensure your return to court? What do you do? How do you actually get your friend or loved one out? To answer that question specifically, you have two options. The purpose of this post is to discuss them.