Monday, February 12, 2018

Important New Policies For The Manhattan District Attorneys' Office

The Following Comes Directly from the Manhattan District Attorney’s Office:

I. NYC Subway Farebeats – Decline to Prosecute All Cases (with very limited exceptions) Effective 2/1/18

Penal Law § 165.15(3)

Effective Thursday, February 1, 2018, the Office will decline to prosecute all NYC subway farebeats (where there are no additional charges besides trespass) regardless of criminal history, unless the person poses a public safety concern: 1) any prior violent felony or A-I (non-drug) conviction, unless the sentence was completed more than 10 years ago; 2) any prior sex crimes conviction, felony or misdemeanor; 3) a CSU arrest alert for “Gang Alert” (any county), “City-wide Multi-Hit List,” or “Priority Felony Recidivist Alert;” or 4) if there is any additional information from the NYPD or from our Office that the individual is a driver of crime, and we agree with that assessment. We have given the NYPD advance notice of this new policy.

Read more . . .

Thursday, January 11, 2018

"New" Bail Rules In Manhattan For Misdemeanor Cases

The "New" Misdemeanor Bail Guidelines issued by the Manhattan DA's Office

As has been recently reported: the Manhattan (and Brooklyn) District Attorney's Office are claiming to end bail in non-felony cases - this is simply not true. As you will clearly see The numerous exceptions swallow the rule. And almost all of the numerous exceptions seem to have no real correlation to the only lawful purpose for bail in New York State: ensuring the defendant's return to court.

Read more . . .

Monday, November 6, 2017

Set Up By The Government

Can the Government Set Someone Up?

Yes.  The government regularly fabricates crimes.   One of the most common government created “crimes” employed by the Federal Government is a fabricated robbery of fictitious “stash houses.”  This is a trick that has been used by the Drug Enforcement Agency (DEA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and other law agencies with great success since the 1980s, despite that is constitute outrageous Government conduct.

What is a Stash House?

Virtually all stash house robberies have two common themes:

  1. a paid snitch seeks out vulnerable targets (usually poor, uneducated, minority men - many without any prior criminal record) with fairy-tale promises of great wealth and easy pickings to help rob a private, lightly-guarded home where huge stashes of drugs are being stored; and
  2. Once the marks arrive at the non-existent stash house they are immediately arrested by waiting Federal agents and charged with conspiracy to possess with intent to distribute a quantity of drugs that is always stipulated by the Government agents - and always in amounts to assure that the “crime” will trigger at least a 20-year mandatory minimum sentence.

Read more . . .

Monday, February 6, 2017

President Trump's Executive Orders - Some Guidance

The recent Executive Orders are evidence that you need a strong and dedicated attorney fighting for you, every step of the way.

The Executive Orders:

On January 25, 2017, President Trump signed two executive orders (EOs) on immigration policy. These orders directed the Department of Homeland Security (DHS) to enlarge the deportation dragnet and further militarize the southern border of the U.S. The administration expanded the group of people who will be priorities for deportation, specifically noting “removable” immigrants who have been accused or convicted of committing criminal offenses.
Read more . . .

Friday, January 27, 2017

Skin Tone Based Discrimination

In a recent and important civil rights decision, New York State’s highest court, the Court of Appeals, found a basis of discrimination relating to skin tone, irrespective of the person’s race or national origin.

How Does Skin Color / Tone Play a Part in Discrimination?

            The Decision, People v. Bridgforth, 2016 NY Slip Op 08586, addressed a Batson v. Kentucky challenge where the prosecutor has raised preemptory challenges, occurring during jury selection, against dark-skinned women.  The defendant is a dark-skinned male of African American decent.

Read more . . .

Tuesday, January 10, 2017

Guest Blogger: Inna Vernikov

As a guest blogger, this is attorney Inna Vernikov's blog and media:

Read more . . .

Thursday, December 8, 2016


In a disturbing opinion, that has far reaching implications, District Judge Kearney of the Federal District Court for the Eastern District of Pennsylvania held that citizens have no First Amendment right to record police activities absent a “stated purpose of being critical of the government.” The decision is Fields v. City of Philadelphia, 166 F.Supp.3d 528 (E.
Read more . . .

Friday, November 25, 2016

Chemical Tests and the Fourth Amendment

Birchfield v. North Dakota

579 U.S. __ (2016)

Decided June 23, 2016

In a recent U.S.

Read more . . .

Friday, November 11, 2016


What is A Civil Right?

              Generally, a Civil Right is one that has been established and guaranteed by the first ten Amendments to the United States Constitution (known as the Bill of Rights), as well as those rights enumerated under the Civil Rights Act of 1964.  The Civil Rights Act was a landmark piece of civil rights and US labor law legislation that bans discrimination based on race, color, religion, sex, or national origin.  However, the courts have significantly expanded the definitions within the Civil Rights Act and those under the Bill of Rights.

What is a Waiver?

              To waive something simply means to give-up or pass over something which you would have otherwise been entitled to.

Can You Waive A Civil Right?

Read more . . .

Friday, November 4, 2016


              The legal system is an adversarial one.  The parties to any legal action are, by very definition, opposed to one another.  The plaintiff/prosecution and the defense have the responsibility for finding and presenting evidence.  No one is holding the other’s hand.  Each side is advocating for their own interest.
Read more . . .

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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.