On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Sex Crimes
on Wednesday, May 22, 2013
"There are no second acts in American lives," F. Scott Fitzgerald once said. If he were alive today, the author of The Great Gatsby would surely welcome the new film version of his book. But the reappearance of Anthony Wiener on the New York political stage might make Fitzgerald reconsider his famous remark about second acts.
It was Wiener, after all, who two years ago became one of the most high-profile known to have engaged in the practice of "sexting." Sexting refers to the sending of sexually explicit electronic messages. When this involves a teenager, the fact that a minor is involved underage can sometimes result in charges for a sex crime.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Drug Charges
on Thursday, May 16, 2013
In New York and across the nation, this is National Drug Court Month. The theme this year is “Drug Courts: A Proven Budget Solution.”
Drug courts are an alternative way of dealing with people with addiction problems, outside of the traditional justice system. Though a judge presides over such a court, a multi-disciplinary team is typically involved.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Internet Crimes
on Friday, May 10, 2013
A generation ago, few people imagined the degree to which computers would come to be used for a remarkable array of interactions and services. When Congress passed the Computer Fraud and Abuse Act (CFAA) in 1986, the whole notion of unauthorized computer access was pretty new on the national scene.
But as our culture’s online world has evolved rapidly in recent years, CFAA’s overly broad definition of computer crime is increasingly putting ordinary Americans in New York and across the country at risk of unjustified prosecutions.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Sex Crimes
on Monday, April 29, 2013
For more than 20 years, the reflexive (or knee-jerk) response to perceived threats from crime in America has been to increase penalties. New York State has been no exception. Ever since harsh Rockefeller drug laws of the 1960s and 70s, New York has long been looking to ratchet up sentencing severity for many different types of crime.
The latest example of this concerns the offense of "public lewdness." The state Senate passed a bill earlier this month that seeks to increase the penalties for that offense.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Drug Charges
on Tuesday, April 23, 2013
When is a crime so serious that it can lead to the deportation of the person who committed it, even if that person is permanent resident who has lived in the U.S. for years? Today the U.S. Supreme Court decided a case posing this question and ruled that that low-level marijuana possession is not a deportable offense.
The case arose in Georgia. But marijuana charges remain common in many states, including New York.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Domestic Violence
on Wednesday, April 17, 2013
Protective orders are court orders that direct someone to avoid contact or communication with another person. Such orders are also sometimes called restraining orders. Though not exclusive to domestic abuse cases, they are commonly used in that setting.
Seeking such orders from the court involves a formal process. And pursuing that process takes time. That is why some states have passed laws in recent years requiring employers to allow employees to take a certain amount of unpaid time off from work that can be used to seek protective orders. New York is now considering becoming one of the states with such a law.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Drug Charges
on Wednesday, April 10, 2013
The national trend toward legalization of medical marijuana is clear. Eighteen states and the District of Columbia have now done so. New York hasn't done it yet, but that could change if a bill introduced in the state senate passes.
Supporters of the bill argue that therapeutic cannabis can be beneficial for patients with many different types of chronic health conditions. The bill's senate sponsor, Sen. Diane Savino, also points to countries such as Canada and Great Britain, where extensive research into the positive effects of medical marijuana have been done.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Sex Offense
on Wednesday, April 3, 2013
In 2009, three individuals of the "Norfolk Four" received governmental pardons, allowing them to leave prison after being held in custody for the rape and murder of a Virginia woman. According to their defense attorney, the men were coerced into admitting to the crimes. The evidence was not in the prosecution's favor:
- The facts in the men's confessions did not match
- None of the men, who were sailors, had criminal records
- The DNA evidence implicated another man, who confessed that he committed the crime alone
The conditional pardons released the men from prison but did not exonerate them for the crimes. One man had already been released from prison and did not receive a pardon. Now, he is fighting for his future.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Search & Seizure
on Tuesday, March 26, 2013
The Obama Administration is, yet again, asking for approval to put GPS tracking devices on automobiles without a warrant. On Tuesday, the 3rd Circuit U.S. Court of Appeals in Philadelphia will hear a case that questions when warrantless GPS tracking is acceptable.
The GPS tracking saga is not new. In early 2012, the U.S. Supreme Court held that attaching a GPS device to a personal automobile constitutes a search under search and seizure laws. The Court also held, however, that it was not always necessary to obtain a warrant. It did not give examples of exceptions.
On behalf of The Law Offices of Mark J. Sacco, PLLC
posted in Search & Seizure
on Tuesday, March 19, 2013
Today, a U.S. District Court began hearings on the New York Police Department's controversial stop-and-frisk policy. The class action lawsuit claims the policy infringes on New Yorkers' constitutional rights. Furthermore, it raises questions regarding racial profiling - the majority of people stopped and frisked are Hispanic and black men.
The district court judge cannot ban the search tactic, which is legal, but can order reforms, such as a court-appointed monitor. Her decision could reach far beyond the NYPD. Other police forces in New York and around the country use similar tactics that could be put into question should the result favor the plaintiffs.
