Brian S. MacNamara, lawyers in Goshen, NY, New York

Juvenile Proceedings

Juvenile proceedings are different from regular criminal proceedings because they are tailored toward juveniles, children under the age of 18. Every state has a different type of system set up to handle their juvenile matters. Some states have an actual juvenile court, other states place juvenile matters under the guise of the family or probate court. However, most courts that have jurisdiction to hear juvenile matters may transfer the case to a trial court when the offense charged is severe. The process of transferring a juvenile case is often referred to as waiving jurisdiction. More...

Circumstantial, Direct and Relevant Evidence

All evidence must be relevant in order for it to be admissible. There are numerous instances when relevant evidence is not admissible for various reasons including hearsay. Evidence itself falls into one of two categories, direct or circumstantial.More...

MOTIONS IN LIMINE

A motion in limine is any motion that is filed either before or during a trial and that seeks to exclude prejudicial evidence before it is offered into evidence. A motion in limine usually seeks to exclude evidence of another party. More...

JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS

A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court.More...

UNLAWFUL SALE OR TRANSFER OF WEAPONS

In some states, a person commits an offense if he or she sells, rents, leases, or lends a handgun to another person with the knowledge that the person intends to use the handgun unlawfully or intends to use the handgun in the commission of an unlawful act. A "handgun" for purposes of this offense is any firearm that is designed, made, or adapted to be fired with one hand, such as a pistol or a revolver. More...