Category: Criminal Law

  • SCAnDi: Single-cell and single molecule analysis for DNA identification

    SCAnDi: Single-cell and single molecule analysis for DNA identification.

    The end of the “DNA Smoothie?”

    Why prosecutors and defense attorneys need to watch this novel single-cell DNA technology.

    DNA evidence has long been considered the “gold standard” of forensic science. But it has a major weakness: mixtures. When multiple people touch the same object, their DNA gets blended together, often leading to inconclusive results. A new technology currently in development, SCAnDi (Single-cell and Single Molecule Analysis for DNA Identification), promises to solve this problem by analyzing individual cells before they are mixed.

    Infographic: How SCAnDi technology separates individual cells from a mixed DNA sample to create clear profiles.
    Figure 1: The Goal-Moving from “Bulk Mixtures” to Single-Cell Precision
    View Text Description of Infographic

    The Old Way (“DNA Smoothie”): Current methods take a bulk sample (e.g., a swab from a doorknob) and mash all the DNA together. If three people touched it, you get a mixed profile that is hard to interpret.

    The SCAnDi Way: This new tech uses a flow cytometer or similar device to physically separate individual cells before DNA extraction. Each cell is analyzed separately.

    The Result: Instead of a mixture, you get distinct profiles: Profile A (Suspect), Profile B (Victim), and Profile C (Unknown), with no ambiguity.

    1. The Problem: The “DNA Smoothie”

    Current forensic methods rely on “bulk samples.” Imagine a crime scene doorknob touched by the victim, the suspect, and a police officer. When the lab processes the swab, they extract DNA from all three people simultaneously. To a scientist, this looks like a “DNA Smoothie”—a jumbled mix of genetic code.

    Analysts then have to use statistical software (like STRmix) to try to “unmix” the smoothie and guess the probability that a specific person contributed. This often leads to results that are inconclusive or open to fierce debate in court.

    2. The Proposed Solution: SCAnDi

    SCAnDi stands for Single-cell and Single Molecule Analysis for DNA Identification. Instead of blending the sample, SCAnDi uses advanced technology to pick out individual cells one by one.

    • Isolation: The machine isolates a single cell from Person A and a single cell from Person B.
    • Analysis: It extracts a clean, “pristine” DNA profile from each specific cell.
    • Context: Beyond just identity, SCAnDi can potentially tell us what kind of cell it is. It could prove, for example, that the DNA on a jacket came specifically from saliva (implying spitting or biting) rather than skin cells (implying casual contact).

    3. Prosecution vs. Defense: The Upcoming Battle

    Prosecution Perspective: “The End of Ambiguity”
    For prosecutors, SCAnDi is the “Holy Grail.” It moves forensics away from “likelihood ratios” and probabilities toward definitive identifications. It could solve cold cases where samples were previously too mixed to be useful.
    Defense Perspective: “New Science, New Risks”
    Defense attorneys must view this with skepticism. If a machine is sensitive enough to find a single cell, how do we prove that cell wasn’t transferred by a gust of air or “innocent transfer” (secondary touch)? Finding a single skin cell doesn’t prove presence at a crime scene if we shed millions of cells a day.

    4. Current Legal Status: Not Court-Ready

    It is critical to note that SCAnDi is currently a research project. It looks like a very promising scientific endeavor. However, there are some current caveats. It has not yet been accepted as evidence in United States courts yet. Before a jury ever sees SCAnDi results, the technology must pass the Frye or Daubert legal standards. This requires:

    • Peer Review: Publication in scientific journals.
    • Testing: Proof of reliability and known error rates.
    • General Acceptance: Consensus in the scientific community.

    Researchers at institutions like Edge Hill University and the Earlham Institute are currently refining the process and working to advance the science. This work may be groundbreaking. Lawyers on both sides should be watching this space closely.

  • Understanding NY Speedy Trial Law

    The Clock is Ticking: Understanding NY Speedy Trial Law (CPL 30.30)

    How the prosecutor’s failure to be ready on time can lead to your case being dismissed.

    In New York, the District Attorney cannot keep a criminal case hanging over your head forever. Under Criminal Procedure Law (CPL) § 30.30, the prosecutor has a strict time limit to get ready for trial. This is often called the “Speedy Trial Clock.” If the clock runs out before they are ready, your case must be dismissed.

    Infographic: Visual explanation of CPL 30.30 time limits and exclusions.
    Figure 1: The CPL 30.30 Countdown
    View Text Description of Infographic

    The Core Concept: The graphic shows a “Time Limit” based on the seriousness of the charge. The clock starts ticking when the first paper (accusatory instrument) is filed.

    Time Limits:
    – Felonies: 6 Months.
    – “A” Misdemeanors: 90 Days.
    – “B” Misdemeanors: 60 Days.
    – Violations: 30 Days.

    Stopping the Clock (Exclusions): The graphic illustrates that time stops for specific reasons, such as defense adjournments, motion practice, or when the defendant is without counsel.

    1. How Much Time Do They Have?

    The amount of time the prosecutor has depends entirely on the most serious charge against you. This is a hard deadline set by law:

    • Felonies: The prosecutor has 6 calendar months to be ready for trial.
    • “A” Misdemeanors: They have 90 days.
    • “B” Misdemeanors: They have 60 days.
    • Violations: They have 30 days.

    Note: Traffic infractions are also “offenses” and technically fall under these rules if charged alongside crimes, but CPL 30.30 is primarily used to dismiss criminal charges.

    2. What Does “Ready for Trial” Mean?

    The prosecutor stops the clock by declaring they are “Ready for Trial.” To do this validly, they must:

    1. State Readiness: Say “The People are ready” in open court or file a written notice.
    2. File a Valid Accusatory Instrument: They cannot be ready if the complaint is defective (e.g., based only on hearsay without supporting depositions).
    3. Certify Discovery Compliance: Under recent laws (CPL 245.50), they must file a “Certificate of Compliance” stating they have turned over all required evidence (police reports, body cam footage, etc.) to your lawyer. If they haven’t turned over the evidence, their statement of “ready” is fake (illusory) and the clock keeps ticking.

    3. Stopping the Clock: Excludable Time

    This is where it gets tricky. The clock does not just run continuously. It pauses (“tolls”) for certain events. These pauses are called exclusions.

    Common Reasons the Clock Stops (Time Not Charged to Prosecutor):
    • Defense Requests: If your lawyer asks for an adjournment (e.g., to review papers or negotiate a plea), that time is excluded.
    • Motions: Time spent filing and deciding legal motions (like a motion to suppress evidence) is excluded.
    • No Counsel: Time when you are without a lawyer through no fault of the court is excluded.
    • Bench Warrants: If you skip court and a warrant is issued, the time you are missing is usually excluded.

    4. The Motion to Dismiss

    If the prosecutor exceeds their time limit (e.g., more than 90 days of “chargeable” time on an “A” misdemeanor), the case does not disappear automatically. Your lawyer must file a CPL 30.30 Motion to Dismiss.

    In this motion, your lawyer will list every adjournment period and argue why it should count against the prosecutor. The prosecutor will argue that the time should be excluded. If the judge agrees that the non-excludable time adds up to more than the statutory limit, the case is dismissed, and the record is sealed.

    WARNING: You can waive your 30.30 rights. Often, when taking a plea deal, the prosecutor will require you to waive your right to a speedy trial. Make sure you understand what you are giving up.

  • NYC Criminal Prosecution Guide: From Arrest to Disposition

    NYC Criminal Prosecution Guide: From Arrest to Disposition

    A roadmap for families navigating the New York City criminal justice system for the first time.

    Learning that a loved one has been arrested in New York City is a frightening experience. The system moves quickly, but the waiting can feel endless. Understanding the specific steps of the prosecution process—from Central Booking to the final disposition—is the first step in advocating for your family member’s rights.

    Infographic: Oeser-Sweat P.C. Criminal Prosecution Process. Detailed text description below.
    Figure 1: The Criminal Justice Process in New York City
    View Text Description of Process Chart

    Step 1: Arrest & Processing. The individual is taken into custody, transported to the precinct for fingerprinting, and then to Central Booking.

    Step 2: Arraignment. Usually within 24 hours. The accused appears before a judge for the first time. Charges are formally read, and bail or release (ROR) is determined.

    Step 3: Grand Jury (Felonies). If charged with a felony, a Grand Jury reviews evidence to determine if an indictment should be issued. This step can often be waived for plea negotiations.

    Step 4: Discovery & Pre-Trial. Attorneys exchange evidence (Discovery). Motions are filed to suppress evidence. Plea bargaining negotiations occur actively during this phase.

    Step 5: Trial or Disposition. The case resolves either through a guilty plea, a dismissal, or a trial verdict (Guilty/Not Guilty).

    Step 6: Sentencing. If convicted, the judge imposes a sentence, which can range from fines or probation to incarceration.

    1. The Arrest & Central Booking

    After an arrest, the defendant is taken to the local police precinct and then to Central Booking. This is where fingerprints and photographs are taken. The waiting period here can be stressful for families, but legally, the police generally have 24 hours to bring the defendant before a judge.

    During this time, the District Attorney’s office is drafting the “Complaint”—the formal document listing the charges. You can sometimes locate a loved one or check their status using Central Booking Info.

    2. The Arraignment

    The Arraignment is the most critical first step. It is the first time the accused sees a judge and a lawyer. At this hearing:

    • The charges are formally read.
    • The defendant enters a plea of “Not Guilty.”
    • Bail is decided. The judge will either release the defendant on their own recognizance (ROR), set a cash bail/bond amount, or remand them (hold without bail).

    For official details on how this hearing works, the NY Courts website provides an excellent guide to arraignments.

    3. Grand Jury (Felony Cases)

    If the charges are felonies (crimes punishable by more than one year in prison), the case cannot proceed to trial without an Indictment. A Grand Jury of 23 citizens must vote on whether there is enough evidence to charge the defendant. Often, defense attorneys may advise waiving this timeline temporarily to negotiate a better resolution.

    4. Discovery and Plea Bargaining

    Once the case is in the system, the “Discovery” phase begins. Recent laws in New York require prosecutors to turn over evidence (body cam footage, police reports, witness statements) much faster than before. Defense attorneys use this evidence to negotiate Plea Bargains—agreements to plead guilty to lesser charges in exchange for a lighter sentence—or to prepare for trial.

    You can track future court dates and charges using the public WebCrims system.

    5. Trial and Sentencing

    If no plea agreement is reached, the case goes to Trial. A jury (or judge in a bench trial) determines guilt beyond a reasonable doubt. If found guilty, the case moves to sentencing. If found not guilty, the defendant is released, and the records are typically sealed.