Author Archives: Site Administrator
What is Quid Pro Quo Sexual Harassment?
Quid pro quo sexual harassment occurs when a person in a position of authority demands sexual favors in exchange for benefits such as promotions, raises, or continued employment. This type of harassment creates a hostile work environment and typically violates workplace policies and laws. In almost all states, such conduct does not only violate… Read More »
Sentencing Guidelines in New York for Drug Possession and Sale Crimes
Being convicted of a drug offense in New York State, whether for criminal possession of a controlled substance or for the criminal sale of a controlled substance can carry with it a significant sentence. Within those two umbrellas, however, are many different degrees of each crime depending on the type of drug and the… Read More »
Factoring the Horrific Conditions at the Brooklyn MDC in Federal Sentencings
For as long as defense attorneys have been around, they have tried to persuade judges and prosecutors alike to consider the harsh, inhumane, and sometimes unconstitutional conditions faced by clients at federal prisons. While some judges and government attorneys have expressed an understanding for just how bad some prisons may be, for the most… Read More »
How Much is Bail for 1st, 2nd, 3rd Degree Assault Charges in NY
Bail for assault charges in New York can vary greatly depending on the degree in which somebody is charged, his or her criminal or bench warrant history, and the defendant’s ties to New York. Certainly, this number can range anywhere from $5,000 to $250,000. The complexity in analyzing these cases and preparing for a… Read More »
Did the Federal Prison Oversight Act Pass?
During July of 2024, President Joe Biden signed into law the Federal Prison Oversight Act, which enhances and strengthens independent government oversight of the crisis-plagued federal Bureau of Prisons. This follows a major uptick in the systemic corruption, failures and abuse in the federal prison system during and after the COVID-19 pandemic. The Importance… Read More »
New York Bail Reform
The New York State Bail statute is expansive, complex, and at times confusing to not only defendants but also to judges and prosecutors alike. Indeed, recent reforms and rollbacks of those reforms have only added to the many layers which encompass the statute. Ultimately, bail comes into play where an individual has been arrested… Read More »
Federal Sentencing Guidelines and “Acquitted Conduct”
The Federal Sentencing Guidelines Since the Supreme Court’s decision in United States v. Booker , 543 U.S. 220 (2005), the Sentencing Guidelines have been rendered advisory in nature, leaving sentences to the district court’s discretion, guided by the Guidelines and the other factors contained within 18 U.S.C. § 3553(a) and bounded by any applicable… Read More »
Sanctuary City and the Laws in New York
The massive inflow in migrants to the United States and more specifically New York City has led many government officials and civilians alike to look more closely at the intersection of sanctuary city laws and criminal offenses. In short, sanctuary city policies tend to restrict or limit cooperation between federal authorities, local law enforcement,… Read More »
School Litigation – Title IX Hearings
The rise of the #metoo movement, social media use by teenagers, and diversity, equity and inclusion efforts have all contributed to a dramatic increase in the number of school disciplinary hearings (commonly known as Title IX litigation). These investigations and hearings frequently take place at high schools and college campuses across the country. These… Read More »
Stalking, Harassment, and Orders of Protection in New York
New York law accounts for various forms of stalking and harassment. Indeed, this criminal conduct falls within a precarious grey area whereby law enforcement and prosecutors take a cautious stance and do arrest individuals who commit these crimes – however, many times such charges are only leveled as misdemeanors unless there is evidence of… Read More »