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Articles Posted in Criminal Procedure

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Domestic Violence Cases are Difficult, Particularly Where Children are Involved

In July 1996, after a prior order of protection expired, plaintiff obtained a second order of protection against her former boyfriend in Bronx Criminal Court. She delivered the order to the Domestic Violence Unit at her local police precinct and asked that it be served on her former boyfriend. At…

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Court Decide Child Neglect Case

In domestic violence cases, the law states that if an incident of domestic violence occurs in the presence of a child, that the involved parties are charged with the offense of cruelty to children, child neglect, or child abuse. Sometimes, the victim is inadvertently charged with child neglect. In the…

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Court Discusses Violation of Order of Protection

On 22 February 1997, the defendant, after a parental visit, brought his children directly to his then wife (now former wife) in contravention to a court order of protection (hereinafter COOP). Thereafter, a verbal and physical confrontation occurred between the defendant and his wife. The COOP provided that the defendant…

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Does the State’s failure to increase the compensation rates for assigned counsel violates the constitutional and statutory right to meaningful and effective representation

A Lawyers’ Association filed for a rate increase to the State for their in and out of court work. The issue is whether the State’s failure to increase the compensation rates for assigned counsel violates the constitutional and statutory right to meaningful and effective representation. A New York Criminal Lawyer…

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Court Decides Jurisdiction Issue in Domestic Violence Case

The parties met through the Internet in 2003, when the mother was studying veterinary medicine and the father was a teacher studying for a Master of Education degree. The parties married on 5 June 2004, in Kentucky. Six months later, the mother became pregnant, but continued her veterinary studies and…

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Court Decides if Removal of a Child is Necessary in a Domestic Violence Case

Three different women were physically abused by their intimate partners or husbands. These three different women all had children who were then living with them at the time that the domestic violence against the women occurred. These three different women all asked the help of the police and the family…

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Defendant Charged with Robbery Claims They Did not have a Weapon

Vincent Knowles was charged with one count of robbery in the first degree. He admitted in the hearing before the court that he did steal money, a wallet, jewelry and subway tokens from a Henry Laylock. He also testified that he placed his hand in his pocket, which looked like…

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