Epstein & Conroy, P.C.

Was There Prosecutorial Misconduct in Your New York Criminal Case?

Fri, 29 Jun 2018 00:00:00 -0400

All criminal defendants in New York have a constitutional right to a fair trial. But a fair trial requires prosecutors who act fairly and in accordance with the law, applicable rules of procedure, and their ethical obligations. When that doesn’t happen, when prosecutors engage in legally and ethically improper conduct in their quest for a guilty verdict, it is a violation of a defendant’s constitutional rights, and might be the basis for overturning a conviction or the recovery of damages in a lawsuit for the violation of the defendant’s civil rights.

What to Do If Your Child is Arrested and Charged With a Crime

Fri, 22 Jun 2018 09:35:49 -0400

As a parent, getting a phone call telling you that your child has been seriously hurt is one of your worst nightmares. Closely following is a call telling you that your child has been arrested and charged with a crime. All the work you and your child have done building the foundation for a bright future may suddenly be at risk. A conviction could threaten employment and educational opportunities and divert him or her from the positive path they were on.

Is Spanking Your Child Against the Law in New York?

Fri, 15 Jun 2018 00:00:00 -0400

Being a parent isn’t easy. For all of the joys your kids bring, it is a full-time job to keep them safe and out of trouble and help them build the character, attitudes, and habits that will serve them well as they grow up. It is also a universal truth that every kid makes mistakes and that sometimes, good parenting involves disciplining your child. But every parent has their own philosophy or way they go about applying that discipline. It may involve grounding them, taking away privileges like phones or other devices, or maybe just a stern talking to. For some parents, discipline may also include spanking.

Proposed New York Law Could Result in Homicide Charges for Opioid Overdose Deaths

Thu, 31 May 2018 00:00:00 -0400

The opioid epidemic is ravaging the nation, and New York is not immune to its deadly and devastating effects. 175 Americans die from opioid overdoses every day in the United States. In 2016, the number of opioid-related overdose deaths (including prescription opioids and heroin) was five times higher than in 1999. From 2000 to 2016, more than 600,000 people died from drug overdoses. In 2016, 3,638 New Yorkers died from overdoses – a 50% increase from 2014.

Can You Be Arrested for Saying Rude Things to a Police Officer?

Thu, 24 May 2018 00:00:00 -0400

It is the rare person who hasn’t said a mean or rude thing from time to time. When you say such words to a telemarketer, a person who cuts you off in traffic, or even a friend or family member, it may result in some anger or hurt feelings and hopefully nothing more.

Consequences of Refusing a New York Breathalyzer Test

Thu, 17 May 2018 00:00:00 -0400

You are driving home after having a few drinks with friends. You think you’re okay to drive, but you also think that you may have had one too many and could be over the New York legal limit for blood alcohol content (BAC). And then, the flashing lights appear in your mirror, you’re pulled over, and soon enough the officer starts asking questions about your drinking that night.

New York Public Defender v. Private Attorney: Make the Right Choice

Fri, 27 Apr 2018 00:00:00 -0400

If you are charged with a crime in New York and have the opportunity to have a lawyer defend you for free, it may seem like an offer you can’t refuse. After all, hiring a private New York criminal defense attorney to handle your case could cost thousands of dollars. But never forget that your freedom and your future are at stake when facing aggressive prosecutors determined to convict you. If you decide to rely on a public defender to fight your charges when you can retain a private defense lawyer, you may be making a big mistake.

What to Look for When Looking for a Brooklyn Criminal Defense Attorney

Fri, 20 Apr 2018 00:00:00 -0400

There are thousands of criminal defense attorneys in New York City. All of them share certain fundamental characteristics: they all graduated from law school, they all passed the bar exam, and they all have a license to practice law in New York State. But that is often where the similarities end. There can be dramatic differences between all of the criminal defense attorneys you can choose from to protect your future and your freedom. But it can be hard to make the right choice if you don’t know what you should be looking for.

Recent Change in New York Law Allows Some Older Convictions to Be Sealed From Public

Fri, 13 Apr 2018 00:00:00 -0400

As of October 2017, New York CPL 160.59 allows people who have been convicted in no more than two cases (only one of which can be a felony) to ask a court to seal certain New York convictions so long as 10 years have passed since the date of conviction, or from the date of release from custody (whichever is later in time).

Why You Should Never Consent to a Search of Your Vehicle

Fri, 30 Mar 2018 00:00:00 -0400

Under the Fourth Amendment to the U.S. Constitution, you are protected from unreasonable searches and seizures by the police. For most people, the first time they may need to truly understand their Fourth Amendment rights is when they are pulled over by police for a traffic stop. That is when police may ask if they can search your car. That is also when you should politely say no.

“Revenge Porn” in New York City Can Now Lead to a Year in Jail Under New Ordinance

Fri, 16 Mar 2018 00:00:00 -0400

Defined generally as online harassment by an ex-partner, hacker, or others who post sexually explicit images of a person online without their permission, “revenge porn” has victimized hundreds of thousands of individuals – overwhelmingly women – over the past decade. That’s why 38 states have passed laws making revenge porn a criminal offense. New York State, however, is not one of them. That inaction in Albany is what led New York City to make the posting of revenge porn a crime in the city, effective February 2018.

Helpful New York Criminal Law Resources & Links

Mon, 12 Mar 2018 00:00:00 -0400

Please explore the following helpful sources of information about New York criminal law issues.

The Consequences of a New York City Probation Violation

Fri, 09 Mar 2018 00:00:00 -0500

A famous law professor once said that the first rule of criminal defense is this: “don’t tick off the judge.” Few things tick off judges more than having their orders ignored or disobeyed. If you have been convicted of a crime and are on probation in New York City, you need to understand that the terms of your probation are set forth in a judge’s order. If you violate the terms of your probation, you are violating a court order, and what was looking like the end of your ordeal with the criminal justice system may be just the beginning.

Stop-and-Frisk

Wed, 22 Feb 2017 11:10:17 -0500

In this article, we discuss New York State’s stop-and-frisk policies, give an introduction to protections afforded by the Constitution, and explain how a criminal defense attorney can help those who have been wrongfully harassed by the police.

Refusing Field Sobriety Tests: A Look at the Consequences

Wed, 22 Feb 2017 11:07:01 -0500

Learn more about the consequences of refusing to submit to a field sobriety test in New York State. Our DWI attorney discusses the consequences of choosing not to submit to a field sobriety test and how our firm can help before and after an arrest.

Medical Marijuana in New York

Wed, 22 Feb 2017 11:01:25 -0500

The drug possession attorneys at Epstein & Conroy discuss medical marijuana regulations in New York State and how a criminal defense attorney can help those who have been harassed or arrested for their lawful use of marijuana.

Recording an Arrest: Know Your Rights

Wed, 22 Feb 2017 10:57:57 -0500

In this article, we discuss citizens’ rights to video tape or otherwise record the actions of police officers or other government officials. We also discuss how to safely exercise those rights and how a criminal defense attorney can help those who have been arrested.