Dear Friends,

With the holiday season upon us, I want to wish each and every one of you a joyful and wonderful time with your family and friends. As we head into the new year, I also want to call your attention to new laws that are taking effect on January 1, 2020 (and have already begun in some cases). Bail reform and discovery reform will revamp much of the criminal justice system in a manner that raises serious concerns for some. In the case of bail reform, the list of crimes for which judges can no longer order bail is lengthy. Just this week, we learned that after an arsonist set fire to a college dorm, he was released without bail – and re-arrested (and released again!) just hours later. This is the new world we live in here in New York City, and it’s frightening.

Discovery reform will also have a substantial impact on crime in our city. Currently, in criminal litigation, the defense attorney (representing the accused), is permitted to request “discovery” – meaning all documents and information in the possession of the prosecutor relevant to the case. This includes witness and victim statements, grand jury minutes, and other evidence (e.g. DNA tests). This information is in order to aid the accused in mounting a defense, a critical right granted to all who are charged with a crime. Discovery is usually turned over once a trial date is set, which only occurs in about 3% of all cases.

New laws will now require the prosecution to automatically turn over discovery within 15 days of arraignment. This means that even in cases where there is no trial, the defendant will have access to witness information and statements and other documents that would otherwise not be released.

I’m sending a letter to Governor Cuomo, and I am inviting you to sign on. If you share my concerns about these reforms, follow this link to add your signature to the letter by clicking here.

NYC Councilman Chaim Deutsch

(YWN World Headquarters – NYC)