Earlier this month, a limo was traveling downhill on a rural highway, failed to stop at an intersection and crashed into an unoccupied car. As a result, 20 people were killed, including 17 friends traveling in the limo, the driver of the limo and two people standing by in a nearby parking lot. Investigators discovered that the evidence showed that the collision was a high-energy impact, but could not confirm speeding, as that there were no skid marks near the crash site. The driver of the limousine in question reportedly was operating the limo with an improper license.Investigators soon discovered that the limousine involved in the accident should not have been on the road, as it failed an inspection just a month ago. The limousine company also apparently had a [...]

It might be easy to assume that once a person in New York is arrested and charged with a crime, they will inevitably wind up pleading their case before a jury, who will decide their guilt or innocence. However, many criminal cases are ultimately resolved not in trial, but instead through out-of-court plea negotiations.In general, through plea negotiations - also known as plea bargaining - the accused will agree to plead guilty to either a lesser charge or fewer charges, or for a reduced sentence. There are plusses and minuses to plea bargaining that people in New York should understand before deciding whether this course of action is right for them.There are some good reasons for a person to accept a plea agreement. Going through the entire trial process can [...]

Getting a traffic ticket in New York can ruin one's day and cost a significant amount of money in fines and result in an increase in insurance premiums. One may be wondering whether fighting the ticket is a good idea. In some cases, taking time off work to go to a hearing can cost one more money than the ticket itself, making it disadvantageous to fight. However, if one's traffic ticket is costing thousands of dollars, defending oneself may be the best option.There are many defenses to fight a traffic ticket. For example, if the accused delayed a court date or chose a date closer to a holiday, it may be less likely that the police officer who pulled the accused over shows up in court. If the officer does [...]

As you may have seen on TV, when someone is in police custody or under interrogation, the police are supposed to make the person aware of their Miranda rights. While the language may differ from state to state, these rights generally include the right to remain silent and the right to legal representation, as well as a warning that anything the suspect says could be used against them in a court of law.Once all the rights are read, the officer should ask the suspect if they have understood their rights and the suspect will need to respond that they have. If you were arrested and the arresting officer did not read you your rights, the officer's failure may be used as part of your criminal defense strategy against the charges.If [...]

If New Yorkers are facing criminal charges, they should know that a vast majority of criminal cases do not go to trial. If they go to trial, their attorney may come up with a criminal defense strategy to minimize penalties. The attorney may negotiate a plea deal with the prosecutor with the hopes of getting a lighter sentence on lesser charges, instead of going to trial. Before accepting a plea bargain, one may discuss options with an attorney and decide whether accepting will be in one's best interest.There are many incentives to plea bargaining for all parties involved. For the prosecuting attorney, it guarantees a conviction of some kind, even if it is on a lesser charge. Even if the prosecutor has a lot of evidence, they know there is [...]

When someone is charged with a crime in New York, there are many things working against them. While a solid criminal defense strategy can help the accused significantly, there are still many things that can be done to protect them from injustice. Governor Andrew Cuomo is working to reform the criminal justice system in New York with a number of proposed changes.One of Cuomo's goals is to change New York's blindfold law." This law allows prosecutors to withhold evidence against the accusedThis is a huge advantage for prosecutors. Cuomo plans to introduce new legislation which forces prosecutors to turn over evidence in stages over the course of the three months that follow a defendant's arraignment. If a defendant knows the evidence available against them, they will be able to make [...]

Internet sex crimes are becoming common as social media continues to increase in popularity. According to a study by the Cyber Civil Rights Initiative, over 12 percent of United States internet users have been a victim of non-consensual pornography, or revenge porn.""Revenge porn often involves someone disclosing or distributing sexually graphic images or videos of a person without their consent. For those accused of these crimes, a strong criminal defense strategy will be required to avoid serious penalties.While there is currently no federal law against revenge porn, Washington, D.C., and 38 states have laws in place. The state of New York's efforts to enact laws of its own have been stalled, but New York City is taking action.The city council voted that disclosing or threatening to disclose sexual images of [...]

If you are facing criminal charges, you may be wondering if you need a criminal defense attorney. Whether you are facing a misdemeanor or felony, it is almost always beneficial to have someone fighting for your rights in court.The United States legal system is designed to make handling your own affairs in criminal court very difficult. Many people think that their charges are minor and that they can take their chances with the judge, only to end up with an unnecessarily harsh sentence. A qualified criminal defense attorney can assist you with various parts of your case and make sure that you are protected throughout the criminal process.Criminal prosecutors have one goal in mind: to get a conviction. Criminal defense attorneys, on the other hand, are focused on doing what [...]

Police officers everywhere are cracking down on crime. Whether it be drug possession or assault and battery, all criminal charges can lead to serious consequences and should be taken seriously. If you have been charged with a crime, you need a knowledgeable New York attorney to handle your case and get you the best results possible. The attorneys at Braunfotel & Frendel LLC are experts at criminal defense and can help you with your case.Criminal cases often rest on two things: the prosecution's ability to prove your guilt and our ability as your defense attorneys to poke holes in the prosecution's theory. In order to prepare our defense strategy, our experienced team will anticipate the prosecution's strategy and find ways to dispute their arguments. For example, if the prosecution is [...]

If you have been charged with a crime, you and your attorney will work together to come up with the best strategy to present your case in court during trial. A strong criminal defense can result in the lessening of your penalties or the dismissal of your charges. However, New York prosecutors may make things more difficult for defendants to defend themselves.In New York, as well as in nine other states, discovery rules allow prosecutors to wait until immediately before the trial to turn in key evidence, such as witness names, witness statements and video surveillance footage. This evidence is generally supposed to be turned over to the defense upon request, but many New York defense attorneys argue that prosecutors often delay handing it over or ignore the request altogether.This [...]