Posts by Jeffrey L. Emdin
Pleading Guilty With a “Stay Out Of Trouble Clause.”
A common occurrence in criminal law is when a client, who is out on bail, pleads guilty and is given a “promised sentence.” However, that “promise” is often conditioned on the client staying out of trouble and not being arrested prior to sentence. What happens when a client is arrested before he or she is…
Read MoreRight to Counsel
In the recent case of Goodine v Evans, the Appellate Court reversed the Support Magistrate’s finding of willfulness in a contempt proceeding to punish the father for failure to pay child support. The Appellate Division found that the Support Magistrate failed to make a proper injury into the father’s financial resources before denying him free,…
Read MorePolice Violence: Little Progress Made
Eight years ago I represented the family of Ramarley Graham, an 18 year-old young man of color who was shot and killed in his own home by NYC police officers. Ramarley had committed no crime, yet he was chased down by NYPD officers who broke into his home and shot and killed him in front…
Read MoreParental Alienation and Modification of Custody
In the case of Anthony J. v Joanna K. the court found that the mother’s conduct, which included numerous (19) false abuse/neglect reports and/or promoting mandated reporters to make false calls to the ACS hotline, was sufficiently egregious to warrant a change in custody. Due to these false calls and claims, the father and the…
Read MoreModification of Custody/Visitation Order
A parent seeking to modify a prior order of custody/visitation must demonstrate a change of circumstances since entry of the order. Once a change of circumstances has been established, the client then must demonstrate that modification of the underlying order is necessary to ensure the child’s continued best interests. In the recent case of “William…
Read MoreDisorderly Conduct Defenses
What is disorderly conduct? Disorderly conduct is a violation, not a crime, under the New York Penal Law Section 240.20. It is a broad statute that encompasses a multitude of prohibited conduct. However, experienced attorneys have successfully argued, when seeking dismissal of the charges, that the statute must be narrowly construed. In the case of…
Read MoreIs Corporal Punishment Legal In New York State?
The short answer is yes, with caution. According to New York Penal Law Section 35.10, a “parent, guardian, or other person entrusted with the care and supervision of a person under the age of twenty-one (21), or an incompetent person… may use physical force, but not deadly physical force, upon such person when and to…
Read MoreIs Corporal Punishment Legal In New York State?
The short answer is yes, with caution. According to New York Penal Law Section 35.10, a “parent, guardian, or other person entrusted with the care and supervision of a person under the age of twenty-one (21), or an incompetent person… may use physical force, but not deadly physical force, upon such person when and to…
Read MoreThe Meaning Of An I-Card
A common scenario that we, as attorneys often encounter, is when our clients are stopped for a routine traffic stop and learn that there is an I-Card out on them. What is an I-card? The I-Card contains information entered into the police database that notifies police personnel that the person named in the I-Card is…
Read MoreBody Worn Cameras
In March 2019, the NYPD announced that all uniform patrol officers, which includes police officers, sergeants, and lieutenants assigned to every precinct, transit district, and housing detail will be equipped with body worn cameras (BCW) while on patrol. The stated purpose of this program, by then Commissioner James P. O’Neill, is to “improve accountability and…
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