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Category Archives: Criminal Defense

What Happens When Lawyers Fail to Tell Clients About Plea Offers?

The U.S. Supreme Court recently examined the Right to Counsel regarding guilty pleas, deciding two criminal cases in which clients may have suffered because of the ineffective and deficient performances of their lawyers. Statistics clearly show that most criminal cases are resolved not by trials, but by negotiated pleas – in fact, 97 percent of […]

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 […]

As Former Nassau County Police Officials Face Criminal Charges, CMG’s Bob Schalk Vows To “Fight The Case”

On Thursday, March 1, a former deputy commissioner and two other top Nassau County police officials surrendered to face allegations that they pulled strings in the case of a 2009 burglary investigation against then high school student Zachary Parker.  The indictments and surrendering of the three Nassau County police officials associated with this case made […]

Too Many Laws, Too Many “Criminals”…And Too Many Politicians Looking To Appear Tough On Crime

A recent CMG blog addressed the growing issue of the “overcriminalization of America” – and how a recent surge in new laws has branded numerous typical, law-abiding citizens as “criminals.”  We highlighted a few examples of new, often ridiculous, laws that have been enacted in recent years that have made headlines … and, unfortunately, there […]

The First Step to a Second Chance: Criminal Record Sealing in New York Takes a Historic Move Forward …and Our Work to Change State Law, and Change the Lives of Ex-Offenders, Continues

There’s promising news for many reformed ex-offenders deserving of a second chance and a “fresh start” when it comes to the sealing of their criminal records.  On Friday, January 27th, the New York State Bar Association’s House of Delegates nearly unanimously backed a proposed change in state law that would allow judges to seal the […]

Videos In The Courtroom: The Use of Emotional Video Montages on the Rise in Criminal Cases … But Are They Fair?

As reported in a recent Newsday story, the use of a video photo montage (an emotional video providing a glimpse into the life of a deceased victim) is becoming more common in criminal courtrooms across the country, including criminal courts here on Long Island.  These powerful videos — played during sentencing hearings as part of […]

Too Many Laws…And The Overcriminalization Of America

In 2010, hearings were held in Washington titled “Reining in Overcriminalization: Assessing the Problems, Proposing Solutions” (the full text of the testimony of the September 28, 2010 hearing is available at https://judiciary.house.gov/hearings/hear_100928.html). A criminal defense lawyer testified that “no one, including the government, can state how many criminal offenses exist in the federal code or […]

How Common are Marijuana Arrests?

When most people think of the War on Drugs, they think of Mexican or Columbian narcotics cartels and big-time cocaine and heroin investigations.  But statistics show that a surprising proportion of drug arrests are for simple marijuana.  And the proportion is rising. According to FBI Uniform Crime Reports on Drug War Facts tables, marijuana arrests […]

What to Expect at an Arraignment

View more helpful videos at: YouTube.com/CMGLaw

A Second Chance for Ex-Offenders?

They say that to err is human. All of us from time to time make mistakes. Some mistakes, those involving the violation of a criminal statute, can have life changing impact, not merely upon the offender, or, in some types of crimes, a victim, but upon the offender’s family and the community at large. “Expungement […]

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