Author Archives: Jay Butchko
Some Important Information About The Constitutional Right To Remain Silent
The wording used when an individual is being ‘Mirandized’ is quite plain and straightforward: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for… Read More »
22-Year-Old Man Who Was Drunk Driving, Charged In A Maspeth, Queens Crash That Killed A 47-Year-Old Lyft Driver
On June 13, 2021, a driver, registered on Lyft, was fatally hit by an unlicensed motorist at a busy intersection in Maspeth, Queens, moments after informing his wife that he was headed home. The married father of three died after being hit by a drunk driver. The Lyft driver had his last client when… Read More »
Man Faces Hate Crime Charge After Sucker Punching A 55-Year-Old Asian Woman In NYC’s Chinatown
On June 1, 2021, Yuh-Line Niou, a New York State assembly member, posted a video showing a man sucker-punching an Asian woman while walking on the street. In the security camera video, one can see people walking on a sidewalk next to what looks like a restaurant’s outdoor setting. An Asian woman is seen… Read More »
District Attorney Eric Gonzalez Wants 90 Convictions Tied To Ex-NYPD Detective Accused Of Perjury Dismissed
In April 2019, a New York grand jury indicted Joseph Franco, who worked as an undercover NYPD detective. The jury indicted Franco on charges of official misconduct and 16 counts of first-degree perjury. Three months later, Franco was indicted on ten more counts of perjury. The indictments come from four incidents in which Franco… Read More »
Three Common Types Of Insurance Fraud
Insurance fraud is among the most common types of fraud in New York. Often, insurance fraud is committed by people who knowingly and with the intention to defraud present false information to insurance companies in the underwriting and/or claim phase. One of the main reasons this type of fraud is prevalent is the misconception… Read More »
3 Reasons To Have Your New York Criminal Record(s) Sealed Or Expunged
When convicted of a crime anywhere in the United States, in addition to facing the well-known direct consequences such as spending time in jail, probation, and/or paying monetary fines, you risk facing other less-known indirect consequences (i.e., collateral consequences). Unfortunately, many people overlook the indirect consequences of convictions, only for them to end up… Read More »
What Is A Mistrial And What Are Some Of The Common Grounds For A Mistrial?
Usually, criminal trials end with a guilty or not guilty verdict. However, sometimes, mistrials occur. When a mistrial occurs, the prosecution has the right to bring another trial or choose not to bring another trial. Often, when the prosecution feels they can’t win a conviction even with a second trial, they choose not to… Read More »
The Insanity Defense
After being accused of a crime, you must reach out to a qualified criminal defense attorney. Once you reach out to a defense attorney, they will develop a defense strategy to help you. How your defense attorney handles your case depends entirely on the specifics of your case and the level of information you… Read More »
What Is The Alibi Defense?
As much as it is a commonly used term, not many people understand the meaning of the term “alibi.” If you or someone you know currently stands accused of a crime, you need to learn the meaning of alibi to understand when and how to use such a defense. Additionally, as a defendant, it… Read More »
Two Aggravating DWI Factors In New York All Motorists Need To Know About
In New York, motorists can be charged with different types of DUI-related offenses. Often, law enforcers charge people with DUI, DWI, or DWAI. DUI (Driving under the Influence) means that a driver is impaired by alcohol or another substance such as heroin, marijuana, or even prescription drugs. DWI (Driving while intoxicated) is often incorporated… Read More »
