If you are facing criminal charges, one legal doctrine you should be aware of is known as the "fruit of the poisonous tree" doctrine. While it does not apply to all cases, it can have a significant impact when it does. Essentially, evidence is considered the "fruit"...
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Criminal Law
When does theft become a felony in New York?
Some criminal offenses are clearly felonies, while others are clearly misdemeanors. There are also numerous types of criminal charges that can be either felonies or misdemeanors depending on the circumstances. Theft is one of those crimes that can lead to felony or...
Can someone find a mug shot from your past?
Getting a “mug shot” taken is part of being booked for anyone who’s arrested for a criminal offense. Most people’s mug shots don’t go public unless they’re well-known or the crime they’re accused of makes the news. However, whether or not it can be accessed if...
Can you withdraw a guilty plea after being sentenced for a crime?
Entering a guilty plea in court is a serious decision, and once sentencing is complete, withdrawing it can be challenging. However, there are situations where withdrawing a guilty plea after sentencing may be possible. Here are potential situations when you may be...
3 reasons to challenge field sobriety test results
Standardized field sobriety tests help police officers determine if a driver might be under the influence of drugs or alcohol. Police officers who suspect people of chemical intoxication may ask them to exit the vehicle and perform three different tests to gauge their...
Can you refuse a breathalyzer test?
If police stop you in New York on suspicion of driving under the influence (DUI), whether that be alcohol or drugs, you may be faced with a request from law enforcement to test you. Understanding what the laws say and the implications of refusing to submit to these...
3 potential consequences of health insurance fraud
Medical professionals often find that generating adequate revenue to keep a private practice solvent is difficult. Especially when a professional has started their own medical practice, they may have a difficult time generating the necessary revenue to pay for...
Are mental health issues mitigating factors in sentencing?
Sometimes, no matter how hard you try, a court case just won’t go your way. Conviction is inevitable. When that happens, the defense process turns toward mitigation – or an effort to sway the court towards leniency in its sentence based on different factors that tend...
3 reasons police officers can enter your home
In many situations, it’s illegal for police officers to enter your house without permission. Even if they want to come in and talk to you, they have to ask for your consent. You don’t have to give them that consent, and they can’t force their way into the house just...
Common mistakes made in criminal cases by police or prosecutors
Police officers and prosecutors are both technically agents of the state. They represent the government and have to follow the law. Not only do they need to avoid criminal activity, but they must also avoid violating the civil rights of individuals. Sometimes, police...