Criminal Law

Pleading Guilty With a “Stay Out Of Trouble Clause.”

By Jeffrey L. Emdin / July 1, 2020 /

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…

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Disorderly Conduct Defenses

By Jeffrey L. Emdin / May 1, 2020 /

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…

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Is Corporal Punishment Legal In New York State?

By Jeffrey L. Emdin / April 10, 2020 /

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…

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The Meaning Of An I-Card

By Jeffrey L. Emdin / April 10, 2020 /

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…

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Body Worn Cameras

By Jeffrey L. Emdin / April 10, 2020 /

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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An Adjournment in Contemplation of Dismissal (ACD)

By Jeffrey L. Emdin / January 29, 2020 /

An adjournment in Contemplation of Dismissal, or an ACD, is a provision under the New York Criminal Procedure Law designed to nullify the effect of an arrest. After the statutory waiting period, the case will be administratively dismissed if the terms of the ACD are complied with. A recipient of an ACD is provided with…

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New York Criminal Procedure Law Sections 160.50 and 160.55.

By Jeffrey L. Emdin / January 29, 2020 /

In the matter of R.C v. City of New York, a putative class action case held that the NYPD’s policy and practice of maintaining, using, and disclosing sealed arrest records violated New York Criminal Procedure Law Sections 160.50 and 160.55. The NYPD was alleged to have maintained databases with sealed information which they used for investigation…

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