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DMS, Esq.
New York
A trial attorney specializing in civil and criminal litigation
Interests: criminal law; civil litigation; first amendment; constitutional law; civil rights; fantasy sports; new jersey devils; new york jets; history
Recent Activity
In January, Kimberly Summers and I started our own...
In January, Kimberly Summers and I started our own firm www.summersandschneider.com . The internet is full of references to us still working at the Blanch Law Firm. I have not worked there since August of 2010 and Kimberly has not worked there since December of 2010. Until we can get... Continue reading
Posted Apr 26, 2011 at Law Talk With Douglas M. Schneider, Esq.
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The Stench Of Injustice
Jail is not solely used to punish criminals and deter future crime (and a look at the over-crowding of our jails calls the latter into question). It also holds defendants who cannot make bail (or who were outright remanded) until such time as the case is resolved either through dismissal,... Continue reading
Posted Oct 27, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Shoplifting And You, Not So Perfect Together*
Arrests for misdemeanor shoplifting have been skyrocketing in recent years. During the Bloomberg administration, misdemeanor shoplifting arrests have increased from 13,826 in his first year, to 23,237 in 2009. This excludes arrests for shoplifting where the value of the goods allegedly stolen exceeded $1,000 and the defendant was charged with... Continue reading
Posted Oct 25, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Entrapment Is Rarely A Defense
Four American citizens were found guilty yesterday of plotting to blow up two Bronx synagogues and shoot missiles at military planes. The defendants did not deny these actions, but claimed that they were entrapped by an informant working for the FBI who, according to the defendants, offered money, means and... Continue reading
Posted Oct 19, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Second Circuit Grants Immunity To Officer Who Arrested Defendant On Statute That Was Declared Unconstitutional 18 Years Ago
New York State previously had a statute on its books, Penal Law 240.35(3), which prohibited loitering in a public place for the purpose of engaging in "deviate sexual intercourse." The statute was passed to "punish conduct anticipatory to the act of consensual sodomy." Because the consensual act of sodomy is... Continue reading
Posted Oct 12, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Court Rejects Tax Deduction For "Theraputic Prostitution"
I am hardly shocked that this case was filed pro se. For those of you who don't know, "pro se" means without a lawyer. However, in this case, the pro se petitioner is a 79 year old tax lawyer. I guess the old adage is true, a lawyer who represents... Continue reading
Posted Oct 7, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Buying The Designated Driver Alcohol Is Stupid, But Not Costly*
I wrote last month about Braylon Edward's drunk driving arrest and New York State's drunk driving laws. Edwards was lucky that there was no accident. Not just for his safety and that of his passengers, other drivers, and pedestrians, but because penalties are often more sever when there is an... Continue reading
Posted Oct 6, 2010 at Law Talk With Douglas M. Schneider, Esq.
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The Only Brady I Don't Boo
Yesterday was First Monday, the beginning of the Supreme Court's new term. This year marks the debut of new Associate Justice, Elena Kagan, although she will sit out about half of the announced cases because she played some role in them as Solicitor General. One case worth looking out for... Continue reading
Posted Oct 5, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Criminal Mischief Should Make Everyone "Think Next Time Before He Cheats"
Carrie Underwood sings about being a jilted lover. While she is home, her boyfriend is out carousing with other women. What Carrie did when she found out is well known. She "dug [her] key into the side of his pretty little souped up four wheel drive, carved [her] name into... Continue reading
Posted Sep 27, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Drug Court For Non-Citizens Can Be a Dangerous Game
I wrote previously about alternatives to incarceration such as Kings county's S.T.E.P. program. These programs allow people whose crimes are committed because of substance abuse to seek counseling instead of being incarcerated. However, these programs require the defendant to plead guilty with a promise that, upon successful completion of the... Continue reading
Posted Sep 24, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Defaults, Unlike Wine, Do Not Get Better With Age
I recently represented a client with an interesting dilemma. A few years ago he hired a lawyer when he was sued for several thousand dollars. The lawyer failed at negotiating a settlement and never answered the complaint. However, the Plaintiff failed to do anything on the case for over four... Continue reading
Posted Sep 22, 2010 at Law Talk With Douglas M. Schneider, Esq.
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Braylon Edwards and New York's Drunk Driving Laws
According to media reports, Braylon Edwards, a wide receiver for the New York Jets, was arrested early this morning on suspicion of driving while intoxicated. According to media reports, Edwards was stopped at 5:15 in the morning for having excessively tinted windows. He was given a field sobriety test and... Continue reading
Posted Sep 21, 2010 at Law Talk With Douglas M. Schneider, Esq.
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DMS, Esq. is now following FAU
Sep 16, 2010
Don't Be A Patsy
Craigslist recently announced that it was getting rid of "adult services" from its online advertisements. This raises an excellent first amendment debate about free speech on the internet. However, that debate will have to wait for another day on this blog. Instead, I want to talk about certain dangers that... Continue reading
Posted Sep 16, 2010 at Law Talk With Douglas M. Schneider, Esq.
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A Reasonable Tradeoff?
Paraphrasing from the Mishnah, it is said that one who saves a single soul saves an entire world, and one who destroys a single life also destroys a world. (Sanhedrin 4:9). I am not a talmudic scholar and therefore have no idea if that is an accurate quote However, the... Continue reading
Posted Sep 14, 2010 at Law Talk With Douglas M. Schneider, Esq.
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DMS, Esq. is now following The Typepad Team
Sep 14, 2010
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