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Legal Articles, Felony

Shoplifting Defense

The most common shoplifting charges I see are petit larceny, Penal Law Section 155.25 and criminal possession of stolen property, Penal Law Section 165.40.

U.S. Supreme Court Developments for Motions to Suppress

In 2005, the U.S. Supreme Court handed down eleven cases bearing on motions to suppress evidence and statements due to improper searches and interrogations. The following is a guide to those decisions and their impact on state law.

Sex Offender Legislation: One Strike and You May be Out

In Washington state, the sentencing scheme governing persons convicted of sex offenses potentially creates a "one strike and you're out" for class A sex felonies.

Limited Treatment Options: SSOSA standards

In 2005, the Washington legislature enacted a new law restricting eligibility for the Special Sex Offender Sentencing Alternative ("SSOSA"), increasing the potential unsuspended term of confinement therein, and making both the conditions imposed and the court's supervision thereof more onerous.

When It's Best to Remain Silent

Officers have no authority to promise not to charge a crime in exchange for cooperation but it is permissible for them to make such promises. A statement given in reliance on such a promise CAN be used against the person making it. As a result, it is almost always best to remain silent.

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