NY Defense Attorney Blog

A StingRay can be used to identify and track a phone or other compatible cellular data device even while the device is not engaged in a call or accessing data services. A Stingray closely resembles a portable cellphone tower. Typically, law enforcement officials place the...

The entire federal appeals court in Atlanta was in unanimous agreement that a criminal defense attorney’s seven-minute absence from the courtroom violated Alexander Roy’s constitutional right to counsel. But in a recent 8-3 decision, with a remarkable outpouring of opinions, the 11th U.S. Circuit Court...

In these times, trial evidence is mostly in electronic form. Electronically Stored Information (ESI) refers to evidence that is stored on servers, computers, smartphones, or in the cloud. In order to obtain electronic evidence to be used in court, specific guidelines must be followed. Rule 41...

It is often challenging for convicted criminals to productively re-enter civic life. An incarceration or conviction, regardless of the degree of severity, can essentially become a life sentence. Recently, in the case of Jane Doe v. United States, the Second Circuit Court of Appeals ruled that...

The right to remain silent is an extremely important right—so much so that it should be an obligation. When involved in unlawful circumstances, people often think that if they provide a brief explanation, law enforcement officials will be kind and release them. Don’t be fooled—talking your...

Many law enforcement agencies utilize cell-site simulators (a.k.a StingRay, Hailstorm, or Triggerfish) to track the whereabouts of suspected criminals. Essentially, these devices act like cellphone towers—deceiving cell phones into sending pings by which the specific location of a particular device is narrowed down. The obtained pings...

When shoplifting is suspected, retail stores have the right to hold, investigate, and search the accused person. With the looming threat of costly civil penalties, many retail stores coerce the accused shoplifters into signing confessions and paying monetary damages—a practice that treads a thin line...

Internet dating sites are an increasingly popular method used by individuals seeking to meet potential matches. There are various sites, such as match.com or christianmingle.com, which span a broad range of services, including linking people who are looking for casual experiences as well as long-term...

Never before has a judge rejected a grand jury subpoena for using non-specific, boilerplate language. Until now! In a landmark decision, Judge James Orenstein—United States Magistrate Judge for the Eastern District of New York—rejected 15 grand jury subpoenas due to lack of specificity. In this case,...