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NY criminal law

What is a Writ of Habeas Corpus?

“Habeas corpus” is Latin for “you have the body.” A writ of habeas corpus can be an important tool in any criminal case. It is meant to protect your Constitutional rights. This writ is used to challenge any form of confinement or restraint which takes place in an unlawful manner, or to an unlawful degree. …

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What Are the Conditions of Making Bail in NY?

If you are arrested and charged with a crime in NY, you don’t immediately have a criminal trial. There are several, very important, steps that happen in between. First, you have an initial hearing, which can be coupled with arraignment in federal or state court. During your arraignment, the charges against you are read by…

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How Should You Define Cyber Terrorism?

Our team at Koch Law has a particular focus on defending cybercrimes, including cyber identity theft, computer fraud, cyber warfare, DDOS attacks, and cyber terrorism. Unlike many traditional practice areas of criminal law, for example, assault or murder, the exact definition of many cybercrimes is consistently changing. What is the reason for a shift in…

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Can You Be Charged with Attempting a Crime in New York?

At the time of your arrest or during questioning by the police, you might be shocked to hear charges for attempted robbery or attempted rape. Similarly, you could be formally charged with attempted identity theft or attempted embezzlement as a federal crime in New York. Have you identified what makes these criminal offenses different from…

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Searching Cell Phones: When Can the Police Search Your Devices?

Last month, we wrote an in-depth blog post on searches of your home and other personal property. This sparked a lot of conversation around searches, warrants, and when law enforcement is permitted to search your property. While the law around searching your home might be well-known and established, the rules around cell phones, tablets, computer…

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Should You Go To Trial for Federal Criminal Charges?

Early in your federal criminal case, you have a major decision to make: do you want to accept a plea bargain from the federal prosecutor or go to trial? In the United States, upwards of 90% of federal criminal charges are settled before trial, and it is likely that statistic is even higher when it…

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What Qualities Matter When Hiring a NY Lawyer for a Computer Crime?

Charges for a computer crime in NY are complex. The laws applicable to a potential crime are broad and widely applied to both the state and federal level. Simultaneously, the actions that amount to a computer crime are detailed and specific. As well, the due diligence and information gathering aspects of a computer crime case…

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What Actions Result in Criminal Charges for Information Warfare?

Cybercrime is on the rise in the United States. The State of New York is not immune to the increase in cybercrime accusations and prosecutions. Each year there are more charges for computer fraud, identity theft, and phishing schemes in New York than the year before. Not only is the number of prosecutions for cybercrimes…

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5 Times Your Business Could Be Committing Computer Fraud in NY

Cyber crimes, such as computer fraud, have quickly become one of the most prolific and common types of crime in the State of New York. In particular, reports of computer fraud have increased significantly in the past five years. This jump in the overall number of computer fraud crimes committed in the past five years…

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When Does Your Online Activity Become Defamation in New York?

The Internet was built for the proliferation of information and exchange of ideas. What probably wasn’t anticipated at the inception of Wi-Fi and home computer networks was the emphasis on opinions, comments, and social interaction that we now experience online. Today, the Internet is used in large part for individuals and companies to share thoughts…

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