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Author Archives: Bob Schalk

The Decision to Testify in the Grand Jury

If you are arrested on a felony charge in the state of New York, in order for the District Attorney’s Office to take you to trial they must first indict you. What does that mean? It is the requirement that the District Attorney present evidence – testimony of witnesses, police officers, and/or physical evidence – […]

Yesterday’s Supreme Court Ruling On DWI Blood Tests: What it Means for New York Motorists

The Supreme Court of the United States ruled yesterday (Missouri v. McNeely) that police must usually have a warrant from a judge before ordering a blood test from a subject accused of Driving While Intoxicated. The 8-1 ruling (only Justice Thomas dissented) was in favor of a Missouri man who was suspected of drunk driving […]

Social Media and the Steubenville Rape Case: As This Case Makes National News, the Role of Social Media in Crime Cases Continues To Evolve

It seems that each day more and more of what we do in our lives revolves around social media. Whether it be Twitter, Facebook, YouTube, Instagram  or some other instant access way to express ourselves, post pictures/videos, follow celebrities, or merely get current events at a moment’s notice – we as a society are driven […]

Police Interrogations and Video Recording

As we approach the beginning of 2013, it’s safe to say that we live in the age of ever-evolving technology. There are Smart Phones, Smart Cars, 3D Televisions, iPads, and before the end of the year the newest technological wave will hit us just in time for holiday spending. So you would think that with […]

Celebrating Gideon and the Right to Counsel

As we wind down the 2012 calendar year and look ahead to 2013 there is a very significant anniversary that should be celebrated in the criminal justice field – the 50th Anniversary of the 1963 Supreme Court decision in Gideon v. Wainwright. The Gideon case is the seminal case that guaranteed that every criminal defendant […]

In Remembrance of 9/11

The following blog piece appeared last year in commemoration of the 10 year anniversary of the heinous terrorist attacks on the World Trade Center. A year later, health concerns for 9/11 emergency responders and financial feuds concerning redevelopment construction have been making the news in recent months as we prepare to mark this tragic day […]

Criminal Cases and the Media: Knowing When To Use – And When Not To Use – The Power of the Press

More and more criminal cases are getting intense media coverage these days. The first big media-driven case in which TV cameras appeared in the courtroom and America watched a criminal trial unfold before our eyes was the O.J. Simpson murder trial in 1995. Since that trial, criminal cases have been covered by your conventional print […]

The Defense Rests In The Sandusky Case…Leaving Questions About Unusual Defense Strategies

The trial of former Penn State assistant coach Jerry Sandusky has moved quickly … with each day seeming to bring a new question in terms of whether the defense has done the right thing for their client in this complicated case.  Yesterday’s news that Sandusky would not take the stand in his defense capped off […]

QUESTIONING OF SUSPECTS COMES UNDER FIRE IN QUEENS: Queens DA’s Program of Interviewing Suspects Deemed “Misleading and Deceptive” – and a Ruling Considered a Major Victory in Protecting the Rights of Defendants

  On April 16th, a major victory was won for criminal defendants in Queens – and perhaps across the country – when Acting Supreme Court Justice Joel Blumenfeld admonished the Queens District Attorney’s Office for an Ethical Violation of the Code of Professional Conduct for the manner in which their office was interviewing defendants prior […]

A Downside of Today’s Technology: With The Alleged Victim Not Pressing Charges, the Case of Former NFL Cheerleader Sarah Jones Brings Electronic Evidence into the Spotlight

When former Cincinnati Bengals cheerleader and Kentucky high school teacher Sarah Jones pled not guilty last week to charges of first degree sexual abuse of a minor, there was one important difference in the courtroom.  Instead of pressing charges against Jones, the 16 year old boy and his family appeared in court at her arraignment […]

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