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The criminal justice system in New York has dramatically evolved in recent times. Many regulatory changes have come into effect that have a major effect on the prosecution as well as defense of criminal cases. It is therefore important that anyone who experiences any interaction with the Criminal Justice system or is a criminal law attorney has an understanding of these changes. This blog focuses on recent changes in New York criminal law and their impact on your case.
Key Legislative Changes
The current developments in criminal procedural law have influenced legal processes and the rights of defendants. Let’s take a look at these legislative changes!
Discovery Process Reforms
One of the major changes in NY criminal laws concerns the disclosure of information by a prosecution. Under the new rules, the prosecution is required to disclose evidence to the defense within specific timeframes: 20 days if they are in custody while 35 days if not.
This change strengthens the defense’s capacity to prepare its cases for trial, and it might result in higher rates of favorable verdicts for defendants. The defense attorneys can now mount a compelling attack against the prosecution’s case especially due to discrepancies or absence of evidence.
Changes to Sentencing Laws
New York has also overhauled its sentencing laws to predicate felons. Mandatory minimum sentences can now be given out by the courts in regards to offenders with no previous conviction history as long as both the prosecutor and the defendant agree.
This flexibility therefore can result in more appropriate dispensation of justice as requiring the judge to look at the circumstances of each case instead of adhering to the mandatory minimums. Criminals have a likelihood of receiving a reduced punishment where they show redemption or other extenuating circumstances.
Electronic Appearances
The modernization of court procedures have introduced new laws to support appearance through electronic means. This shift is meant to enhance the delivery of this service through increasing their access and functionality within the Judicial System Court while ensuring that defendants’ due process rights are safeguarded.
Criminal attorneys can explain how their clients can take advantage of reduced travel and more flexible scheduling which reduces the burden of having to attend court physically especially in situations the person has mobility issues or other health complications.
Victim Compensation Changes
New legislation defines that the lists of crime victims and survivors of crime for compensation funds have been expanded. It is also important to note that it is no longer obligatory to report the crime to the police; thus, it is quite feasible that the crime can be proved by different means.
This change is advantageous as it is framed in empowering the victims by giving them platforms where they could report their ordeal and seek assistance without having to go to court. The criminal defense attorneys in Nassau County need to be aware of these developments whenever defending clients in cases where victims are looking for compensation.
Drug Policy Reforms
New York has also not been left behind in the fight against the opioid crisis through legislation which enhances the access of drug testing equipment. The pharmacies and healthcare providers can easily provide fentanyl and other drug adulterant testing kits out in the market.
It is an effort to save lives from overdose and may even influence the charging of offenses that are drug related. Criminal law attorneys defending their clients with drug charges are finding that the approach appears to be changing from punishment-dominant models to more therapeutic and preventive methods.
How These Changes Affect Your Case
The current legislative changes that have taken place can affect your case in the following ways:
- Increased Defense Opportunities: With developments made to address the discovery problem, the defendant receives information that may sometimes be useful when fighting a case. This may help in enhancing the likelihood of arriving at better decisions concerning plea bargains and the way of handling the trial.
- Potential for More Lenient Sentencing: The changes to the sentencing laws allow the judge to have a broad discretion which in most cases lead to a better outcome for defendants.
- Navigating Victim Compensation Claims: If you are a defendant in a given case where a victim wants to be compensated, then there is a new eligibility criteria that needs to be met and to minimize possible liabilities.
- Adapting to New Court Procedures: Electronic appearances can be helpful in the courts since the implementation of technology does not complicate the processes and does not place much pressure on the defendants. However, one should stay informed about the cases when it is inevitable to be physically present in the court.
- Shifts in Drug Policy: As New York is gradually changing its drug policies, defendants facing drug charges may be privileged to a more treatment oriented system. In this way, it is possible to change and create defense strategies which correspond to modern legislation.
Conclusion
The recent reforms that have taken place in New York criminal law are part of an even larger change: one toward a more equitable and accessible justice system. Keeping that in mind, it becomes a necessity for criminal defense lawyers to overcome these challenges.
If you require legal advice from an experienced lawyer in New York, it’s time to turn to The Law Office of Steven S. Siegel PLLC. With hands-on experience and an excellent understanding of criminal prosecution at state and federal courts, Steven Siegel and his team can provide both personal attention and strong criminal representation that you need. Give us a call today!
