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Blog Posts in April, 2012

  • This week, an article in the Village Voice written by Nick Pinto uncovered some very important issues about the bail process in New York criminal cases. Statistically, Mr. Pinto wrote that in 2010, only 17 % of those held on $1,000 or less made bail at arraignment – which is the first court appearance after one is arrested (usually about 24 hours after arrest). The other 83% stayed in jail ...
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  • In yet another case where a prosecutor sat on exculpatory evidence, Darrell Dula spent 10 months behind bars when a Brooklyn DA failed to turn over evidence that an alleged sex trafficking victim recanted her accusation. Here, an orthodox woman from crown heights accused four black males of Rape in the First Degree and Sex Trafficking. As a result, all four were arrested and held in on bail. Now, ...
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  • A decision last month by Judge Jed Rakoff of the Southern District of New York underscores the importance of the government’s Brady obligation and exposes their efforts to avoid it. In the case of USA v. Rajat Gupta, a criminal insider trading allegation, the United States Attorney’s Office (USAO) and the Securities Exchange Commission (SEC) conducted investigations that consisted of ...
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  • The Supreme Court, in a 5-to-4 vote, just ruled that officials may conduct strip searches on anyone arrested for any offense before being jailed; this, even without suspicion of contraband. Consider being strip-searched for speeding. This is exactly what happened to the plaintiffs in Florence v. Board of Chosen Freeholders. All parties were arrested for what are considered minor ...
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