Criminal Justice Insider

An in-depth review and analysis and of emerging topics in both federal and New York State criminal law. This blog explores developments in substantive and procedural criminal law, providing practical insights to the latest case law and statutory changes.

Tainted Convictions: The Government and the Courts Continue to Struggle with Taint Teams

09.22.2021

The Government and the Courts continue to struggle with taint teams.


The Role of Remorse in Federal Pleas and Sentencing Explained

08.20.2021

The role of remorse in federal pleas and sentencing explained.


Crawford Hearings: A New Standard for Pre-Trial Orders of Protection in Criminal Cases

07.19.2021

A new standard for pre-trial orders of protection in criminal cases.


The Art of the Steal: US Tightens Leash on Money Laundering through the Opaque Art Market

06.28.2021

US tightens leash on money laundering through the opaque art market.


Supreme Court Changes the Scope of Criminal Liability under the Computer Fraud and Abuse Act

06.08.2021

Supreme Court changes the scope of criminal liability under the Computer Fraud and Abuse Act (CFAA).


Second Circuit Expands the Scope of Insider Trading Liability

05.19.2021

Second Circuit expands the scope of insider trading liability.


A Lethal Legacy: The “Son of Sam Laws” Explained

04.23.2021

The “Son of Sam Laws” explained.


The Legalization of Recreational Marijuana Use in New York: A Criminal Law Perspective

04.02.2021

A criminal law perspective on the legalization of recreational marijuana use in New York.


Lock and the Key: Ethical Obligations of Prosecutors Concerning Exculpatory Evidence

03.22.2021

Ethical obligations of prosecutors concerning exculpatory evidence.


As Opportunities Arise: The State of Bribery in the Second Circuit

02.26.2021

The State of Bribery in the Second Circuit.


How to Maintain Privilege When Working With Consulting Experts in Criminal Cases

01.25.2021

How to maintain privilege when working with consulting experts in criminal cases.


Paradise Lost – Attorney-Client Privilege and the Crime-Fraud Exception

12.23.2020

Is there a time when communications between an attorney and a client are not protected?


How to Manage the Collateral Consequences of a State Criminal Conviction

12.01.2020

How to manage the collateral consequences of a State Criminal Conviction.


Criminal Incompetence: What Happens When Criminal Defense Attorneys Make Mistakes

11.09.2020

What happens when Criminal Defense attorneys make mistakes?


The Prince and the Pauper: The President and the Potential Tax Evasion

10.01.2020

The President and the potential tax evasion.


Deus ex Machina: Considerations for Virtual Cross-Examination of Witnesses in Criminal Trials

09.18.2020

The considerations for virtual cross-examination of witnesses in criminal trials.


The Rhyme and Reason of Federal Sentencing

08.27.2020

How can a judge can arrive at two different sentences for two different defendants for substantially similar conduct?


A Primer on State and Federal Grand Juries

08.10.2020

On August 10, 2020, grand juries will resume in New York City after a four-month hiatus.


As Seen on TV: The Myth of “Pressing" and “Dropping” Charges

07.13.2020

TV shows spread a pernicious myth about the criminal justice system: that a victim of a crime has a say in whether the prosecution proceeds. This is the notion of “pressing charges” or alternatively “dropping charges.” All too often on television, a fictional victim agrees to “drop the charges” following an epiphany or reconciliation with the defendant. While such a tactic makes for great television, it bears little resemblance to real life.


Ask Me No Questions (and I’ll Tell you No Lies): Limitations on Questioning by Judges in Criminal Proceedings

07.07.2020

The limitations on questioning by judges in criminal proceedings.


A Bridge Too Far – The Supreme Court Overturns “Bridgegate” Convictions

05.11.2020

The Supreme Court overturns “Bridgegate” convictions.


Go, Set a Watchman – Criminal Liability for COVID-19 Relief Fraud

04.29.2020

Criminal liability for COVID-19 relief fraud.


Compassionate Release in the Age of COVID-19

04.17.2020

The number of motions for compassionate release have been transferred from Bureau of Prisons Facilities to home confinement.


Bail Reform Reform: Changes to New York State’s 2020 Bail Reform Laws in the 2021 State Budget

04.06.2020

Changes to New York State’s 2020 bail reform laws in the 2021 state budget.


Insanity is Relative – The Precarious State of the Insanity Defense

03.26.2020

The precarious state of the insanity defense.


Current State of Criminal Courts in New York Amid COVID-19

03.26.2020

The current state of criminal courts in New York.


Give Me Your Virtual Lunch Money: Corporate Cyberbullying and the Criminal Justice System

03.13.2020

Corporate cyberbullying and the criminal justice system.


Swipe Right If You Like a Witness – The Legality of App-Based Witness Contact

02.24.2020

The legality of app-based witness contact.


Partial Silver Linings – The Second Circuit’s Holding in United States v. Silver Explained

02.04.2020

The Second Circuit’s holding in United States v. Silver explained.


Worry Warrants: Potential New Restrictions on Government Taint Teams

01.17.2020

Potential new restrictions on government taint teams.


A New Year, A New Criminal Justice System in New York State

01.02.2020

A new criminal justice system in New York State.


Double Trouble: Paul Manafort and The State of Double Jeopardy in New York

12.19.2019

Paul Manafort's case highlights New York State's double jeopardy policy.


All That You Can’t Leave Behind: The Court of Appeals Issues New Guidance on Plea Waivers

12.04.2019

The Court of Appeals issues new guidance on plea waivers.


Passports and Passwords: New Limitations on Warrantless Searches of Electronic Devices at the Border

11.14.2019

New limitations on warrantless searches of electronic devices at the border.


The Gordian Knot - The Intersection of State Criminal Law and Federal Immigration Enforcement

10.17.2019

The intersection of state criminal law and federal immigration enforcement.


Second Circuit Limits Bail Options for Wealthy Defendants

08.02.2019

Second Circuit limits bail options for wealthy defendants.

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