Author Archives: Jay Butchko
Justice Department Charges COVID-19 Small Business Loan Applicants with Fraud
In September, the Justice Department charged almost 60 people – including several here in New York – with trying to steal almost $200 million from the Paycheck Protection Program under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was put in place to help small businesses cover essential expenses such as utilities… Read More »
When Can Disciplining Your Child Result in Child Abuse Allegations In New York?
There is no question that parenting during the pandemic has been difficult for a number of families, especially for some divorced parents who disagree with each other about child custody and other issues. While reports of domestic violence have steadily increased since families have been stuck indoors due to the lockdown, unfortunately, this also… Read More »
New York Isn’t Close Enough to Fully Decriminalizing Sex Work
The New York Police Department continuing to criminalize sex work here in New York continues to be a serious criminal justice issue. One only needs to look at the recent almost $6 million settlement with the family of Layleen Polanco, who died in her cell at Rikers Island while in custody due to extreme… Read More »
Prosecutor Offers Plea Deal Naming Deceased Breonna Taylor Co-Defendant; A Legally Suspicious Act
In an incident that has been widely criticized around the country, prosecutors recently encouraged a drug suspect to name the recently-deceased Breonna Taylor as a co-defendant as part of a plea deal, highlighting just how nefarious plea deals can become and how important it is to involve a criminal defense attorney in order to… Read More »
Lawsuit Challenges Administration’s Refusal to Dismiss Immigration Removal Orders from Temporary Protected Status Beneficiaries
In late August, a number of immigrants who are unable to obtain green cards as a result of a new immigration policy put in place – and who are now vulnerable to removal as a result – brought a lawsuit challenging the administration, arguing that the policy violates the plain language of the Immigration… Read More »
Defendant Convicted of Murder Has Sentence Reduced Under NY Domestic Violence Survivors Law
Unfortunately, one of the biggest fallouts from the coronavirus pandemic has been an increase in domestic violence, as survivors have been forced into even more extreme, compromised situations, with shelters lacking in availability and without many having access to friends and family. While the system was already inadequate in terms of preventing and mitigating… Read More »
Understanding The Difference Between Decriminalization and Legalization
When it comes to individuals facing drug charges here in New York, including for marijuana, there is still significant confusion over the difference between legalization and decriminalization, and the distinction is key; not only when it comes to arrests and criminal charges, but in terms of public safety as well. Although marijuana has been… Read More »
New Limits On DACA Applicants & Renewals and Changes On the Horizon for H-1B Visa & Skilled Immigration Categories
After the US Supreme Court declared the administration’s rescission of the DACA program to be illegal, the Department of Homeland Security then announced that it would, altogether, cease processing new applicants; a move that one judge has already declared to be in violation of the US Supreme Court’s decision. The administration also announced that… Read More »
Overturning Faulty, Unfair Convictions–which Disproportionate Impact Blacks and Latinos–Is Near Impossible Due to Legal Roadblocks
Although fairness requires that, even for defendants who have already been convicted of a crime by a jury, if new evidence emerges, a jury be able to consider this new evidence to determine whether it raises a reasonable doubt as to their guilt, in our criminal justice system, most of those wrongfully convicted and… Read More »
Immigrants & Defendants Facing Health Crises While Lingering in Jail, Despite Constitutional Rights
The latest reports on US jails and prisons indicate that pandemic-related conditions are placing the health of those in custody in serious jeopardy, and have resulted in the deaths of several immigrants and a number of constitutional rights violations, including the right to a speedy trial. In addition, unfortunately, on August 5, the US… Read More »
