New York Criminal Lawyers Blog

As a New York criminal defense lawyer, I have successfully defended numerous criminal cases involving allegations of sex crimes. The New York Criminal Procedure Law gives any person charged with a felony the right to a felony hearing. At a New York felony hearing, also called a felony examination, the State of New York must prove that there are reasonable grounds to believe that a felony has occurred.

Demanding the felony hearing is an important method to test the case against a New York sex crimes lawyer's client and to cross examine the witnesses at an early stage. Normally in felony practice the New York criminal defense lawyer does not have the ability to question witnesses against the defendant until trial. The felony hearing allows the New York criminal defense lawyer handling a rape chare or other sex crime to gain valuable insight into the case at an early stage and better prepare for trial. Also the witnesses at this stage have not been prepared by the prosecutor, so the experienced criminal defense lawyer can pin down the witness' story before it has been coaxed by a prosecutor.

Also, the New York felony hearing forces the prosecutor into a contested hearing and often exposes weakness in the case early on. In a recent major felony sex crime case in Westchester, our New York sex crime lawyers successfully challenged the case at a felony hearing so successfully that the sex crime charges were voluntarily withdrawn by the prosecutor.

In a felony sex crime case in New York, which is headed for trial, the felony hearing is an important tool that every New York criminal defense attorney should utilize.

New York criminal defense lawyers must keep up with the changing times. Now a days people put tremendous amounts of information on their social media sites, such as facebook, twitter, high five and other sites.

Often complaining witnesses in criminal cases where there is a relationship involved such as assault, domestic violence and sex crimes often discuss their accusations on their personal sites. On more than one occasion, our New York criminal defense lawyers have found information on social media sites that directly contradicted the claims which the complaining witness made in sworn Court documents.

In one particular case involving allegations of domestic violence, assault and criminal contempt, our New York criminal defense lawyers found a blog where the complaining actually bragged about making false accusations of domestic violence to have her husband arrested. Our New York criminal defense lawyers won a complete acquital, with the prosectuor moving to dismiss all charges once our creative criminal defense lawyers exposed the blogs.

New York criminal defense lawyers should investigate the social media sites of the complaining witnesses and they may yield evidence that cannot be found anywhere else. Often little things can go a long way towards getting New York juries to render a not guilty verdict.

As a New York criminal defense lawyer in New York I have handled many domestic violence cases in New York City including the Bronx, Manhattan, Queens and Westchester, including White Plains, Yonkers, New Rochelle, Ossining, Port Chester, Rye, Greenburgh, New Rochelle, Mount Kisco, Mamaroneck, Irvington, Sleepy Hollow, Dobbs Ferry, Elmsford and Mount Vernon

Every New York and Westchester County criminal defense attorney, who has handled domestic violence cases where the complaintant curiously complains of years of prior acts of abuse to bolster their cases and get back at those they accused. In these circumstances, Judges often set high bail, even though these claims of abuse usually have no corroboration such as photos depicting injuries, prior complaints to the police or even medical records.

To prevent those accused with domestic violence from being convicted based upon unsupported allegations of prior abuse, the New York Appellate Court (Second Department) recently reversed an assault conviction arising out of domestic violence, where the Judge allowed the jury to hear testimony that the defendant previously abused the complaintant. Unfortunately juries are easily swayed by these often bogus claims of prior domestic abuse.

The Court clearly held that evidence of similar uncharged crimes as a general rule must be excluded from evidence because it may induce a jury to base a finding of guilt on collateral matters or may induce the jury to convict a defendant because of his past. If the only purpose of the evidence of prior acts is to show an alleged bad character or propensity towards crime, it is not admissible because there is a very real danger that the trier of fact will overestimate its significance of the evidence. Evidence of prior uncharged crimes is admissible if it establishes some element of the crime or if there is a recognized exception to the general rule such as intent, motive, knowledge, common scheme or plan, or identity of the defendant. The Prosecutor must identify some issue, other than mere criminal propensity, to which the prior evidence of abuse is relevant.

The Court clearly held that the mere fact that the defendant maintained his innocence of the crimes charged did not make identity an issue. Nor is enhancing or bolstering the credibility of the complainant, a recognized exception.

Criminal attorneys in New York City and Westchester that handle domestic violence cases should use this decision to move in limine and prohibit the introduction of this type of evidence in advance because once the cat is out of the bag, the prejudice cannot be cured.

Numerous counties including the Bronx, Manhattan, Queens and Westchester have set up Integrated Domestic Violence Parts. There are Courts which are in the New York Superior Court which hear only domestic violence cases. The same Judge often simultaneously acts as a Family Court, Criminal Court and often a Matrimonial (Divorce) Court.

Anyone arrested in White Plains, Yonkers and several other of the Westchester towns for domestic violence will be transferred to the Westchester Superior Court. Several defendants accused of misdemeanors challenged the jurisdiction and ability of the New York Superior Court from hearing misdemeanor cases involving domestic violence. The basis of the challenge was that local New York Courts have jurisdiction over misdemeanors involving domestic violence. The New York Court of Appeals held that since the New York Court system are the integrated Court system, the New York Superior Courts could continue to hear domestic violence cases.

Michael Joseph is a New York and Westchester criminal defense lawyer, with extensive experience in defending domestic violence cases and has successfully defended domestic violence cases in the Bronx, White Plains, Yonkers, Greenburgh, Elmsford, Scarsdale, New Rochelle, Westchester, the Bronx, Manhattan and Queens.