The New York Criminal Law Blog

Criminal Defense and Process in New York

All New York crime suspects are presumed innocent until proven guilty and have the right to a New York criminal defense attorney. For those charged with a crime, it helps to understand the entire process and how attorneys go about building a defense strategy. The defense typically is built around the prosecution’s evidence, or lack thereof, and the defendant’s take on what happened when a given crime was committed. Defendants who believe they don’t have much of a defense have the option to plead guilty, which often provides for a lighter sentence because of plea bargaining.

The more one knows about defense strategies and the criminal law process in general, the better that person’s chances are of prevailing at trial. Because plea bargaining is a tricky process, consulting a New York criminal defense attorney may be helpful.


Recently in Defense & Process Category

Mob Turncoat Could Be Released from Jail Following Deal

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Dominick Cicale faced two life terms in jail for two killings he admitted to committing while a captain in the Bonanno crime family. Faced with losing his freedom forever, the mob captain made a deal with federal prosecutors and turned rat on his boss — Vincent Basciano, also known as Vinny Gorgeous.

Now the Bonanno mob turncoat may be released from jail next year, while his former boss has already been sentenced to consecutive life terms in prison, reports the New York Daily News.

Nancy Silberkleit Acts the Jughead

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Nancy Silberkleit, co-CEO of Archie Comics, is allegedly such an awful boss that she could go to jail.

In a lawsuit filed by her own company, the 57-year-old CEO is accused of threatening and berating her employees, reports the New York Post. And after a judge ordered her to stop the harassment, Silberkleit could wind up in jail for reportedly ignoring the order and continuing her antics.

NY Library President Pleads Guilty to DWI

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The New York Public Library president Anthony Marx may have used his library cataloguing skills to find himself a good NYC DUI Attorney. Faced with an aggravated DUI charge and possible one year prison term, the library president was able to get himself out of jail time completely and ended up only having to pay a nominal fine, reports the New York Post.

Last month, Marx was arrested as he drove a library-owned Audi in reverse into a parked truck on East Harlem. Debunking the myth that all library employees are bookworms who've never tasted alcohol, Marx tested for a blood alcohol level of 0.19, more than twice the legal limit in New York, reports the Post.

Italian Woman Killed By Possessed Bronx Man?

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Man stabs and strangles woman he used to date. Then he tries to stab and kill himself. Now he says he was possessed in a note confessing the killing.

Bakary Camara, 41, once dated 36-year-old Italian immigrant Rita Morelli, reports the New York Daily News. It’s not clear how long they dated, or when they broke up, but on November 23rd Camara killed Morelli by strangling her and stabbing her in the throat and chest.

Tappen Zee Bridge Hanging: Mental Health Worker Loses It

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A former mental health worker for the Rockland County department of mental health apparently went a bit crazy, hanging himself off the Tappen Zee Bridge in a seeming protest over his firing. The worker, Michael Davitt, was not injured, but his stunt snarled traffic for miles and he now faces a bevy of criminal charges.

The 54-year-old Davitt underwent psychiatric evaluation, and if it is determined that the former mental health worker had mental health issues of his own, he may have an affirmative defense to the crimes he's been charged with.

Michael Lohan Would Get Arrested On-Sight in NYC

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No stranger to the prison system, Michael Lohan should be careful should he ever decide to set foot in New York City, Nassau County, or Suffolk County. Thanks to the Michael Lohan arrest warrant, the (in)famous dad would be arrested on sight should he set foot in any of these places.

The arrest warrant was issued last year over unpaid child support in Suffolk County, reports the New York Post. The warrant was issued in November 2010 after a Montana woman won an uncontested judgment for child support.

Self-Defense in McDonald's Assault?

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If you just saw the last 30 seconds of the videotaped McDonald’s assault, you’d think the assailant deserves the most severe criminal penalties.

The male McDonald’s cashier is shown repeatedly beating two women customers with a metal rod as witnesses begged him to stop. The assailant, 31-year-old Rayon McIntosh, beat the women at least ten times while his victims were clearly defenseless. Both women were hospitalized with serious injuries. One had a fractured skull and broken arm, while the other suffered deep lacerations, reports CNN.

No Bail for Saudi Ambassador Assassination Plot

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Manssor Arbabsiar stands accused of the Saudi ambassador assassination plot. Yesterday, a judge denied bail for the alleged terrorist.

Arbabsiar, a 56-year-old United States citizen, is accused of plotting to kill the Saudi ambassador to the U.S. by setting off explosives at a restaurant, reports the Associated Press. Arbabsiar holds an Iranian passport and has admitted to a role in the $1.5 million plot.

Michael Dowd and New York's Battered Woman Defense

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Barbara Sheehan claims that she shot her husband 11 times in self-defense. Minutes before killing her husband, Mrs. Sheehan was surfing the web on travel bargains and celebrity couples. Her husband was shaving in the bathroom. Prosecutors argue this was hardly the situation warranting deadly self-defense, but to Barbara Sheehan's attorney, Michael Dowd, the woman feared for her life even under these ostensibly calm circumstances, arguing the battered woman defense.

In a piece about Michael Dowd, The New York Times put the spotlight on one of the leading defenders of abused women and one of the pioneers of the battered woman defense.

Barbara Sheehan: Self Defense in Killing Husband?

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Raymond Sheehan was shaving when his wife allegedly shot him 11 times killing him. Now, Barbara Sheehan, a former school secretary, is claiming that she killed her husband in self-defense.

Barbara Sheehan says that she was the victim of years of domestic abuse at the hands of her husband, reports The New York Times. Some of his abusive acts include threatening to shoot her if she left the house without his permission, punching her in the face if they were driving in heavy traffic, and making her participate in strange sex acts. Her children are prepared to testify to the abusive nature of their father.