Michael V. Cibella, founding member at the Law Offices of Michael V. Cibella, LLC, has been named one of the top Criminal Defense Attorneys of 2016 in the New York Metro Area by Super Lawyers. Each year, Super Lawyers recognizes the top attorneys in different regions via a multi-phase selection process that involves peer nomination, independent research and peer evaluation. This is the third time Mr. Cibella has been named one of the New York Metro Area top Criminal Defense Attorneys by Super Lawyers as published in the Magazine Section of the New York Times.  Mr. Cibella was also recognized by Super Lawyers in 2014 and 2015.

Even if they’ve never had any encounter with the court system, there are certain principles of criminal law with which most people are familiar thanks to popular television shows and films.

For example, most people know police officers will need a warrant to search their home and that they must be read their Miranda rights if they are placed under arrest. Furthermore, most know that a misdemeanor is a lesser offense in the eyes of the law than a felony.

Gun and weapons laws are complicated, and it’s easy to make a mistake when purchasing a firearm. For example, you might have a good friend who promises you that the gun he’s selling is legitimate and legal. Nevertheless, you later find out the hard way that you’re in possession of an illegal firearm.

The illegal gun trade is massive throughout the United States and New York and federal authorities are diligent about enforcing gun laws – especially right now. In fact, at the end of February, the Brooklyn District Attorney’s Office reported that the New York City Firearms Investigation Unite carried out the largest “gun bust” in the history of Brooklyn.

Over 7 million people are reported to have criminal background information in the state of New York as of the end of 2012 according to the Bureau of Justice Statistics, and that number has only increased since then.  This makes up approximately one-third of the population of New York State who may suffer often unexpected collateral consequences as a result of a criminal conviction.

Earlier this month, Michael Cibella, as President of the Kings County Criminal Bar Association, organized a Continuing Legal Education program to examine the myriad of potential collateral consequences of criminal convictions here in New York State. These consequences can affect your right to enter or remain in the United States if you are not a citizen, as well when searching for employment, student financial aid and housing.

Crime impacts many people within the city of New York every year. Many thousands fall victim to various crimes, while others, who either committed a crime or are accused of committing a crime, fall victim to going through the criminal justice system without adequate representation. The more serious the charges and crime, the bigger the risk the accused party takes by working with an overworked public defender.

A subway snatch and run with a twist

Allegations of committing a white collar crime are nothing to brush off. Although these crimes are generally non-violent in nature, they can come with harsh criminal penalties. As a result, anyone charged with a white collar crime should take the charges seriously.

The first step is to have a better understanding of the charges. One common white collar crime is tax fraud. Anyone facing tax fraud charges can benefit from the following information.

Criminal charges were recently dropped against the Bronx cab driver who beat his wife’s would be rapist to death last May. Mamadou Diallo initially faced assault and weapons charges after bludgeoning Earl Nash to death with a tire iron. Nash was a career criminal who had knocked on the door and pushed his way into the Diallo apartment in the Claremont Village neighborhood. He proceeded to punch Diallo’s wife, Nenegale, several times in the face, telling her he wanted to rape her as he tore clothes off of her body. A Diallo cousin who was also in the apartment at the time, helped fight off Nash and he eventually fled the apartment.

Diallo’s wife had immediately called her husband after the attacker fled and told him what had happened. Diallo, who had been out parking his car, rushed in and met Nash at the elevator. When his wife pointed at Nash, saying he was the attacker, Diallo proceeded to beat Nash for two minutes. Nash later died from his wounds in a hospital, which led to the death being ruled a homicide in August.

Almost everyone has heard of their “Miranda” rights, but not everyone may understand the history behind the rights, or even what is specifically granted by these rights. So let’s talk about that today.

Miranda rights are named after a famous Supreme Court case from 1966. The case stemmed from a 1963 arrest of Ernesto Miranda, who confessed to crimes after hours of interrogation. However, the police never informed Miranda of his right to legal counsel, and as such his confession was ultimately inadmissible. The 1966 case gave us “Miranda” rights, and they read as such:

“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 appointed for you.”

Michael V. Cibella, founding member at the Law Offices of Michael V. Cibella, LLC, has been named one of the top Criminal Defense Attorneys of 2016 in the New York Metro Area by Super Lawyers. Each year, Super Lawyers recognizes the top attorneys in different regions via a multi-phase selection process that involves peer nomination, independent research and peer evaluation. This is the third time Mr. Cibella has been named one of the New York Metro Area top Criminal Defense Attorneys by Super Lawyers as published in the Magazine Section of the New York Times.  Mr. Cibella was also recognized by Super Lawyers in 2014 and 2015.