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May 2016 Archives

Continuing the fight: Post-conviction motions and appeals

Just because you or a loved one was convicted of a crime does not mean that the fight is over. There are numerous types of post-conviction motions and appeals that can be filed in order to seek the justice that you deserve. In a recent New York Times article, it was reported that a new Justice Department finding showed that thousands of individuals were being held in federal prisons for far too long, many past their scheduled release date. This leaves the public wondering what can be done to not only make sure prisoners are released on time, but also what avenues can be explored to free someone from prison earlier than scheduled.

The importance of the criminal appeals process

Last year, the nation was shocked to learn of the serious allegations leveled against the man who was the face of Subway restaurants. In 2015, law enforcement agencies investigated Jared Fogle and subsequently charged him with a range of sex crimes, including possession of child pornography and traveling across state lines to engage in commercial sex with a minor.

Recording police interactions: What do officers have to fear?

Last fall, the director of the Federal Bureau of Investigation told reporters that there was a "Ferguson effect" taking place nationwide. What James Comey meant by that comment was that many police officers were allegedly afraid to do their jobs effectively because of the risk that their interactions would be recorded and put online. Cellphone video, Comey argued, would lead to a sharp increase in crime.

New York legislators consider bill to prevent wrongful convictions

Groups like The Innocence Project have significantly raised public awareness about the issue of wrongful convictions. We would like to think that the criminal justice system produces only fair and accurate outcomes, free of racism and other bias. We would like to think that - but we know better.

Can a Facebook post lead to criminal charges? One court says yes.

A case out of Pennsylvania is bringing attention to the slippery slope of freedom of speech and terroristic threats. The case begins with a man who was charged with fleeing law enforcement. During the investigation for this crime, police uncovered a posting on Facebook that included what they claimed were terroristic threats. The posting is of a rap video written and performed by the accused. The song includes names of officers set to testify against the accused and includes threatening statements.

How secure are our devices from a police search warrant?

In the digital age, one of the most important topics related to criminal justice has been privacy. The Constitution's Fourth Amendment protects Americans from "unreasonable search and seizure," but what that means in relation to technology is not always clear. Technology is also blurring the lines of the Fifth Amendment's protection against forced self-incrimination.

An expungement can help those convicted of DUI

Today, we are going to talk about a different type of appeal for people who have been accused of a driving under the influence of drugs or alcohol. An expungement is a legal process where a criminal conviction is expunged from someone's record and effectively "sealed" from view by most people and organizations.

Marijuana & drugged driving: Are innocent people being prosecuted?

Nearly half of all states have legalized marijuana (or marijuana-derived products) for medicinal use, including New York. This has reduced the vast number of individuals prosecuted each year for non-violent drug offenses. But it has also led to confusion and legal snags.

Global War on drugs continues to fail, leaders seek change

Change is in the air ... or is that pot? Depending on which state you are in, the smell of marijuana in the air may be a legal one, at least under state law. Although many states like New York continue to outlaw the sale of marijuana, a handful like Colorado has made possession of the drug legal. Federal law remains the same, leading to one of the many issues world leaders tackled at a recent session at the United Nations.

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
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