I GOT A TRAFFIC TICKET IN NYC: WHAT DO I DO?
Ok so you should know that the 5 boros of NYC run their traffic tickets through a Traffic Violations Bureau (aka TVB). These TVBs are not traditional courts. Instead, the prosecution of these tickets is done through the Department of Motor Vehicles. Traffic tickets are considered quasi-criminal matters and usually have many of the protections afforded to an individual in a criminal matter. However, because traffic tickets in NYC are done through the DMV, they are considered administrative in nature and not quasi-criminal. This is super important because unlike traffic tickets issued on Long Island and other parts of NYS, you are not entitled to discovery, a supporting deposition and there is absolutely NO plea bargaining.
This means that the TVB judges do NOT care that you’ve never been in trouble before or that you’re a good person or that there was a real emergency that required you to speed or talk on your phone, etc… They do NOT reduce these tickets (aka plea bargain). Instead, at the TVB, unlike the Courts on Long Island and in other parts of NYS, your only options are (a) plead guilty, accept the points, insurance consequences, fines, etc.. or (b) go to trial. As you probably know, a trial is where the police officer testifies about the traffic ticket, you get to ask him/her questions (i.e., cross-examination) and then if you wish, you get to testify. If you’re convicted, the ticket will go on your record and you may face points, fines, surcharges, administrative fees and loss of a license.
Why should you consider hiring an attorney? First, the attorney can appear instead of you. Second, if the officer fails to appear for trial the first time, as a matter of right, the TVB will grant an adjournment and require you to come back a second time. This means a second day off from work and another trip to the court. If you hire an attorney, he/she will appear both times. If the officer fails to appear a second time, the ticket(s) will be dismissed. Last, if the matter does proceed to trial, it is advisable to have an attorney cross-examine a police officer. Police officers tend to be very skilled at testifying since they do it a lot. When cross-examining a witness, it is important to know not just what to ask but what not to ask. Your chances of beating a ticket are much greater with a skilled lawyer than if you attempted to appear on your own.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT IF THE COMPLAINING WITNESS WANTS TO DROP THE CHARGES? DOES THAT MEAN THAT THE CASE WILL BE DISMISSED?
When I was a New York State Prosecutor, I would frequently receive calls from complaining witnesses who would say things like, “I want to drop the charges,” or “I’ve changed my mind and I no longer wish to press charges” or something similar. I would listen to everything the complaining witness had to say but at the end, I would advise them that there is no such thing as “dropping the charges.” What do I mean? When someone is arrested and charged with a crime, that means that someone swore under penalty of perjury that the accused, also known as the defendant, committed a crime. When the defendant is arrested, a criminal case is started. The name of that case is The People of the State of New York against defendant. The case is not Complainant Witness against Defendant. This is important because while complaining witness may have caused the arrest to take place, it’s the State that decides how the case will proceed. It’s the People of the State against Defendant.
Prosecutors certainly take into consideration how the complaining witness feels about a case but make no mistake, the complaining witness does NOT have the power to drop anything. If the complaining witness refuses to cooperate, the local District Attorney’s office has the power to subpoena that person to court. The last thing a complaining witness wants is to be on the receiving end of a criminal contempt charge. If a complaining witness is served with a subpoena and fails to appear in court, the District Attorney’s office can start a criminal contempt case against that person.
If you are arrested for any type of case particularly one involving allegations of domestic abuse, you should be aware that the complaining witness does NOT have authority to drop the charges. You should speak to a qualified lawyer about your case. But please do NOT rely on the mistaken belief that a call to the DA’s office from the alleged victim will somehow result in a dismissal just because he/she has changed their mind. It simply doesn’t work that way except on TV.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT TO DO IF YOU’RE CHARGED WITH LARCENY, SHOPLIFTING OR A THEFT CRIME
To start, you should know even if you’re guilty, you have rights of which you should be aware. Quite often, these cases stem from a person in a retail store who is allegedly observed taking property belonging to the store, walking past the registers, failing to pay and then usually being apprehended in the parking lot.
The store personnel who apprehends you is usually a person who works in loss prevention. He or she is NOT a police officer. They can apprehend you but they cannot legally arrest you. Of course, you should not be physically combative. However, you do NOT need to speak to them about what happened. You should refrain from admitting anything or saying you’re sorry or trying to explain what happened. These things will be used against you later. You should simply assert your right to speak with an attorney.
Do NOT sign anything. I cannot emphasize this enough. Often, a store will ask you to sign a statement in which you promise never to return to the store. These statements usually contain incriminating information. You should not say or sign anything. Rather, you should insist on speaking to a lawyer.
There are lots of potential ways to defend these charges. We may demand a copy of the video surveillance. We may challenge any statements you made have made to store personnel or law enforcement. We may sometimes find negative background traits of the person from the store who apprehended you as a way to discredit their testimony. We may challenge probable cause for the arrest, we may argue that a search was conducted illegally and that incriminating physical evidence should be thrown out and we may challenge evidence on other constitutional grounds. If you’re charged with a theft or larceny charge, you should know that you have rights and defenses.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I WAS CHARGED WITH DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL, WHAT DO I DO NEXT?
Driving While Ability Impaired in New York is different than Driving While Intoxicated or Driving While Ability Impaired by Drugs. Driving While Ability Impaired by Alcohol (DWAI) is not a misdemeanor. In fact, it’s typically charged as a traffic infraction. But make no mistake, unlike most traffic matters, DWAI should be taken seriously because it can have far reaching effects on one’s life.
When a motorist submits to a chemical test of his/her blood, urine, breath or saliva, and registers a reading between .05% and .07%, that is known as DWAI. Anything at .08% or higher is charged as DWI or Aggravated DWI if the reading is high enough.
Often times, even though a motorist registered between a .05% and .07% BAC (blood alcohol content), prosecutors will add a DWI charge of 1192.3, common law DWI. I’ll explain in another article why this is done. But for now, let’s focus on the DWAI.
If a motorist has little or no criminal record, there was no motor vehicle accident and no other aggravating factor, DA offices will typically no reduce the DWAI charge nevertheless. If you’re charged with a DWI and your record is clean, often times, a DA’s office will offer to reduce the charge to a DWAI. However, when you’re charged with a DWAI, for some reason, prosecutors will not give you the benefit of a lower charge without a fight. There may be plea bargain restrictions that explain why this is but in my experience, some DA offices will dismiss DWAI charges and allow pleas to other charges if the facts warrant a departure from the normal plea offer.
This is why it’s super important to hire an attorney who understands what to look for and how to properly explore defenses to charges. A conviction to a DWAI can have far lasting repercussions. Make sure your do your due diligence in selecting an attorney to assist you with your DWAI charge. Your future may depend on it.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT TO DO IF I’M CHARGED WITH A SUSPENDED DRIVER’S LICENSE AND/OR A SUSPENDED/REVOKED REGISTRATION
There are several reasons for why a person may be charged with Aggravated Unlicensed Operation of a Motor Vehicle. The typical reason is that a person receives a ticket and either fails to appear or fails to pay the ticket after the ticket has been resolved. Or a DMV fee is owed and not paid. Before NYS suspends you however, you will receive a notice of suspension at the address DMV has on file. The suspension notice should be mailed several weeks in advance thereby giving the motorist an ample amount of time to address the impending suspension. However, sometimes, the suspension will take effect because the mail is lost or the motorist failed to act. If the motorist is caught driving, he/she will be charged with a misdemeanor of Aggravated Unlicensed Operation of a Motor Vehicle. In some circumstances, it can even be a felony. Do not treat these charges as traffic tickets. They are in fact misdemeanors and as such, they can lead to jail or other problems if not properly handled. Consider hiring an attorney who knows how to properly defend you in these matters.
A motorist may also be charged with driving with a suspended or revoked registration. This is also a misdemeanor and should be treated seriously. Often, this is the result of an insurance lapse. An insurance lapse is serious business. A conviction to no insurance can lead to a minimum revocation of your driver’s license for one year as well as a heavy duty fine. These charges are also defensible but one must understand how prosecutors view these tickets and what information is critical in their proper defense and handling. If they are not handled correctly, they can have far reaching effects well beyond the charges which can affect your life for years to come.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I’M CHARGED WITH DRUG POSSESSION AND/OR SALE, WHAT DO I DO?
You should know that drug possession is treated very differently than drug sale. It is universal that someone suspected of selling drugs (aka a drug dealer) is treated far worse than drug possession. Drug possession is treated more leniently because the user is often treated with sympathy based on their addiction.
Drug charges can be very devastating to an accused. Most employers do not want to hire someone who is charged and/or convicted of a drug charge. And if you’re charged with heroin, that may cause the DA’s office to treat you even more harshly.
The good news is that you have rights. These charges are defensible but you should strongly consider hiring an experienced attorney who handles drug cases regularly. First, the DA’s office must demonstrate that the substances found are actually illegal. The DA must provide a toxicology report. Second, the way the drugs are found is critical. Did the police have a search warrant? If so, we may be able to attack the warrant itself. If a search was conducted on the street pursuant to a stop, did the police violate your constitutional rights? If the police violated your rights, you may have the drugs suppressed, i.e., thrown out. Third, there may be therapeutic approaches to drug charges if legal defenses are limited or if the client wants to undertake that approach.
At the end of the day, you should always bear in mind that drug charges are serious. They can have devastating effects on your reputation, job, personal life, finances, etc… You really need to consider hiring an experienced attorney to assist you in fighting these charges.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
TIPS ON DOMESTIC ABUSE CASES
In my practice, I handle a lot of domestic abuse cases. Domestic abuse typically involves a husband and wife, persons romantically involved or persons related by blood. In most instances, when a domestic case is reported, the police are required to make an arrest.
The effects of any arrest can be devastating on a person’s job, personal life, finances, reputation, family life and living situation. This is true regardless of whether you’re a man or woman being charged with a crime.
Imagine for a second that you’re at your home. You get into a routine, silly argument with your husband or wife. The police are called. Suddenly, the police show up and start to treat you like a criminal. Your spouse says that you made a threat or broke something that you jointly own or that you put your hands on them. Regardless of whether any of this is true, the police will treat it as if it is true. And do NOT be fooled. Later, if your spouse changes his/her mind, the District Attorney’s office will NOT simply drop the case because you no longer wish to press charges. In the real world, while the District Attorney (“DA”) does take into consideration the wishes of the victim/complaining witness, cases move forward at the discretion of the DA, not the victim. The DA can forcibly try make the victim cooperate by use of a subpoena (there are ways to deal with this as well).
You’re now being arrested. You should try to remain calm, although I recognize it can be quite difficult under the circumstances. What you don’t want to do is become combative with police especially not physically combative. Most charges that involve domestic abuse are misdemeanors. However, if you engage in a physical altercation with police, you may be charged with a felony assault which intensifies the nature of your case.
You should be cooperative and not say anything other than demanding that you speak to an attorney. You will be brought to the stationhouse for booking and at some point, usually within several hours to a day, you will be brought before a judge to be arraigned. An arraignment is simply a formal process whereby you are brought before the judge to be advised of your rights, the charges against you and for the judge to decide whether to set bail on you or not and if so, how much.
Unfortunately, at the arraignment, even if you’re truly innocent, many judges will sign an order of protection ordering you to stay away from the person who claims to be the victim. This can be devastating. Imagine you own a home, you’re paying your mortgage. Your spouse, in the heat of the moment, calls the police and alleges that you did something wrong. You’re arrested, taken from your home, brought before a judge and told that you are no longer able to return to YOUR home. You now must find another place to live while the order of protection is pending. Moreover, since you don’t want to lose your home or have you children become homeless, you suddenly have to not only pay your mortgage but rent an apartment unless friends can take you in. Also, to add insult to injury, the Court, as a condition of your bail, is ordering you to enroll in anger management, a batterer’s program or some other form of therapy that you truly do not need.
What do you do in this situation? It’s time to hire an experienced attorney. You have legal rights. You are able to challenge the order of protection as well as the anger management and other conditions. But in order to do so, you need someone who is knowledgeable in these matters. Not all attorneys handle criminal cases and unless they specialize in criminal matters, you don’t want to take a chance on someone just because you were referred to them or they quoted you the cheapest price. Do your homework and hire someone who will fight for you.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I GOT A SPEEDING TICKET: WHAT DO I DO?
Imagine you’re driving along and you suddenly hear and see lights and sirens. You instinctively look into your rearview mirror and see a marked or unmarked police car pulling you over. You’re suddenly gripped with fear and start asking, “did I do something wrong?”
You nervously start looking in your glove box for your registration and insurance. The officer walks over and routinely asks, “do you know why I pulled you over?” You think you might have been speeding so you innocently say, “I was speeding.” That’s a big no, no. EVERYTHING you say will be used against you. Later on, if you wish to fight the ticket and go to trial, the officer will testify that you admitted to speeding. The best thing to do is say nothing. Be polite and cooperative of course. If the officer issues you a ticket, do not panic. There are ways to fight tickets that you’re not aware of because you lack the training. When I was a NYS and County prosecutor, I prosecuted thousands of tickets including speeding. Often times, I can beat these tickets before they ever get to trial. That means you get no points and no fines. Your record remains clean as if the ticket was never issued. On the other hand, you may wish to plea bargain the ticket. That means that your attorney is skillfully negotiating a reduction of the charge, points and fines. If this cannot be accomplished for some reason, you may opt to go to trial. This is mostly where a skilled attorney can help versus any old attorney. You should know that traffic tickets, while seemingly “simple,” still require a level of expertise to properly defend. Do your homework when hiring an attorney. The guy with the biggest sign isn’t necessarily the best lawyer. Do your due diligence when hiring an attorney because if things go wrong, which they often do, it could mean a loss of driving privileges, higher insurance premiums and other future negative repercussions. I have successfully gone to trial on an innumerable amount of traffic violations from speeding, cell phones, stop signs, no seatbelt, red lights, no insurance, failing to obey a traffic control device and so many more.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
Since the "green light" bill passed into law, will it void NY part 136b and the lifetime look back?
INTEGRITY, HONESTY AND HARD WORK---WHAT EVERY CLIENT SHOULD SAY ABOUT THEIR ATTORNEY
Being involved in a legal situation can be mentally, emotionally and physically taxing on a person. Their world is suddenly embroiled in a legal matter and there is uncertainty and fear of the unknown that can be gripping and smothering. The person then goes on the search for an attorney.
Ideally, an attorney should recognize that even small legal matters can be very huge to the person facing them. It’s important to realize that the client isn’t just a paycheck but a real human being who is scared and needs help. When a client’s world is upside down, it’s important to re-balance the client with the knowledge that their attorney is fighting for them.
In my opinion, client satisfaction, within the ethical bounds of the law, is the most important goal as an attorney. Unfortunately, some lawyers will tell you what you want to hear simply to get your money. It’s important that an attorney demonstrate integrity, honesty and hard work. As a client, make sure that your attorney tells you what you need to hear, not just what you want to hear. This is where honesty is important. It’s understandable that positive information is welcoming. But if it’s not accurate, it will be a big let down later. I believe in under promising and over delivering. Next, integrity is important. You want someone who is a person of their word and will do what they say. This is your life in their hands so it’s important that your attorney is someone you can count on to do the right thing. Lastly, an attorney should be diligent in their representation of a client. This means doing everything ethically allowed to zealously advocate for a client. A client should know that you are properly and thoroughly handling their matter so that you can achieve the best outcome possible.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
HOW CAN I GET MY CRIMINAL RECORD SEALED…IT’S AFFECTING MY LIFE
We all know that having a criminal record can be devastating to one’s life in so many different ways. A record of a crime can affect one’s ability to get a job, obtain housing, receive financial aid and has many other negative consequences. For so long, a person was stuck with a criminal record for LIFE.
However, in 2017, New York passed Criminal Procedure Law 160.59 which allows for certain criminal records to be sealed if a person meets the criteria laid out in that section. Thankfully, a person no longer has to suffer for their entire lives due to a mistake he/she made at one point in his/her life.
So how does this law work? CPL 160.59 works this way:
If you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction, you may be eligible to have those convictions sealed. An application to the Court must be made to have those records sealed. If the court approves your application, your criminal convictions can only be seen by qualified agencies and federal, state and local law enforcement.
So what does this mean practically speaking? It means that the VAST majority of people CANNOT see those convictions. In other words, your chances of finding suitable employment, housing, financial aid, etc… have just increased dramatically. For many, the nightmare of living with the stigma of a criminal conviction may be over.
Please note that sex offenses, violent felonies and serious felonies are not eligible for sealing.
WHO IS ELIGIBLE
You are eligible if:
• You have been crime-free for at least 10 years since your conviction and/or release, AND
• You have 2 convictions or less on your criminal record. This means no more than two misdemeanor convictions OR one felony and one misdemeanor conviction.
The ten year period starts from the date of conviction or release from prison, whichever is later.
You cannot have had any new criminal convictions or have a current criminal case pending.
Courts have the discretion to seal up to two convictions, only one of which may be a felony.
If you have more than 2 convictions, you may still be eligible if your convictions are related to the same one or two incidents. For example, if you were charged and convicted of multiple crimes during one incident, the court may decide to treat the multiple convictions as one conviction.
HOW TO APPLY
The sealing of these records is not automatic. You need to do paperwork and apply to the court.
1. Request a criminal Certificate of Disposition for CPL 160.59 Sealing Application from the court.
• Complete a separate request for each case you will be asking the court to seal.
• Bring the completed form to the court.
• There is a fee of $5 for courts located outside of NYC and a $10 fee for courts located within the 5 boros of NYC.
2. After you get your Certificate of disposition from the court, complete the sealing application. This is known as a Notice of Motion and Affidavit in Support).
• Sign this form in front of a notary public.
• Important! You should attach any evidence you have of proof of rehabilitation, like a certificate of relief from civil disabilities, verification of employment, community service, volunteer or charity work, educational transcripts, letters of recommendation or commendation from employers, teachers/professors, community leaders, charitable organizations, certificates of successful completion of a drug or alcohol treatment program, etc…
3. The District Attorney must be notified about your application. A copy of your motion papers must be served on the DA’s office.
WHAT TO DO AFTER GETTING A SEALING ORDER
If your sealing application is approved, you will get a court signed Seal Order. One should follow up and verify that the sealing has taken place.
MISCELLANEOUS
The legal system can be a very confusing place. When it comes to making motions to the court, if papers aren’t filed correctly or they’re filed late, this may lead to a denial of your request. That’s why it is often advisable to hire a knowledgeable attorney. That can be the difference between getting your life back or being stuck in the nightmare of a criminal conviction.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
This is bullshit. get off your lazy ass and get to work ps did 20 yrs and make 199.000 yr stop whining
THE BENEFITS OF HIRING AN EXPERIENCED ATTORNEY FOR YOUR TRAFFIC MATTER
First, an experienced traffic lawyer has knowledge of the law and experience that most non-attorneys do not possess. Second, as a result of this knowledge and experience, an attorney is often better suited to spot legal deficiencies in police paperwork or legal defenses that may be used to beat your charge outright or alternatively, these deficiencies or defenses may be used to get you a better deal. Third, if the matter cannot be resolved amicably, you may need to consider going to trial. When you proceed to trial, the officer testifying is very likely a seasoned witness who has lots of experience testifying. You on the other hand probably have never cross-examined a witness and presumably lack the experience and knowledge on how to effectively cross-examine a witness. (You can read my article on cross-examination, www.facebook.com/vigliottilaw/). It’s advisable to consider hiring an experienced lawyer to effectively question an officer because your chances of success are much greater than handling the ticket on your own. Fourth, there may be tactical things that an attorney may do that you are not aware of due to your lack of familiarity with a particular courthouse. Lastly, in most traffic courts, you do NOT have to appear. You should ask your attorney whether your appearance for a traffic matter is necessary. In many instances, I ask clients to sign an authorization empowering me to appear so that they do not have to appear. Obviously, this is beneficial in that a client does not have to waste time off from work or family commitments to fight a traffic ticket.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
Law Offices of Luigi Vigliotti, P.C.
Criminal Defense firm specializing in all crimes with a particular focus and emphasis on crimes involving motor vehicles such as Driving While Intoxicated.DISCOVERY IN A CRIMINAL CASE
Discovery is a legal term that means that the government is bound to show you part of its evidence against you. Criminal Procedure Law section 240.20 governs discovery in a criminal matter and dictates what the government is required to hand over. This is a very important provision in the law because unless there are extenuating reasons, clients should generally refrain from entering pleas until discovery is completed. The logic behind that is that discovery, in theory, allows clients to make informed decisions. It gives clients and their attorneys the opportunity to review the evidence before a trial. If the evidence is particularly strong, a client may want to consider some sort of a plea. If the evidence is weak, the attorney should be demanding either an outright dismissal or at a minimum, a very favorable deal for the client. And if the evidence is strong, discovery will allow a client and attorney to strategize around the evidence. Even strong evidence can often be explained so that its impact at trial is lessened. For instance, if the government has a videotaped confession, that evidence would appear to be strong. However, if the client insists that he was coerced, there may be things in the video such as signs of physical injury that can be pointed out to the jury to argue that the confession is unreliable since the police obtained it after physically assaulting the client. Discovery allows a client and attorney the opportunity to view evidence before trial. That is why is it so critical for an attorney to view the discovery, determine whether any discovery is missing and to make the appropriate motions if discovery is not timely turned over to the defense. All of this should be done before a plea is taken.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT ARE PRETRIAL SUPPRESSION HEARINGS
After an arraignment, a case is generally adjourned to another court date before another judge for a conference. The case is sent to another courtroom typically referred to as a part. You may hear the clerk of the court tell you that you’re case is being sent to criminal part 1. That’s the courtroom you will be appearing in for the remainder of the case unless otherwise told. The conferences are where your attorney is able to speak with the District Attorney’s and the Judge to determine if a plea deal can be reached. A plea deal is where you would enter a plea of guilt to one or more charges in exchange for a particular punishment. The plea process can break down for a myriad of reasons: (a) the District Attorney’s office does not offer you a plea to something you can live with or (b) the Judge’s punishment is not favorable to you. What do you do when plea bargaining breaks down? Is trial your only recourse that remains?
Before you proceed to trial, you may have what are known as pretrial suppression hearings. There are many different types of hearings but the most common hearings are:
HUNTLEY HEARING
A Huntley hearing is a pretrial suppression hearing to determine whether your incriminating statements were (a) voluntarily made; (b) whether they were elicited in violation of your Miranda rights; (c) whether Miranda was adequately recited to you; (d) whether the statements were made in violation of your right to counsel; (e) taken while you were detained without probable cause to arrest or (f) taken without a knowing, voluntary or intelligent waiver of your rights prior to questioning.
If your statements were made or taken in violation of your constitutional rights, those statements may be suppressed. While this alone may not mean that the government’s case is over, suppression of evidence may weaken the government’s case to such an extent that it may induce the government to give you a better deal.
MAPP HEARING
A Mapp hearing is a pretrial suppression that seeks to suppress evidence that is tainted by a bad search and/or seizure. Before law enforcement can seize physical evidence, there must be a legal right to search or seize that evidence. For instance, you’re driving your vehicle and the police pull you over for a broken taillight. Suddenly, the officer goes to the back of your car and opens your trunk where he finds something illegal. What the officer did was illegal. Before an officer can search, he must first have probable cause to search. If he has probable cause, he must secure a search warrant unless there is one of several exceptions present. If one of those exceptions is not present, the officer may not search, he may not seize and moreover, he may not arrest you. But assuming he does one or all of those things, a Mapp hearing is where the officer testifies and is cross-examined and if it is determined that he violated your rights, the incriminating physical evidence must be suppressed.
DUNAWAY HEARING
A Dunaway hearing is a pretrial suppression hearing that seeks to suppress evidence that is tainted due to a lack of probable cause to search and/or arrest. Like a Huntley/Mapp hearing, if there is a constitutional infirmity, you are entitled to have evidence thrown out which may weaken the government’s case or completely destroy it.
WADE HEARING
A Wade hearing is a pretrial suppression hearing that seeks to suppress evidence that is tainted due to a suggested identification. In other words, a witness identifies you as the perpetrator of a crime. But in arranging the identification or during the identification, the police suggest to the witness somehow that you are the perpetrator of the crime; this identification procedure is illegal and may result in a suppression at trial of your identity from that witness. There is something called bifurcation that may still allow the government’s witness to identify you at trial but that will be the subject of a different article.
In short, if plea bargaining breaks down, you don’t have to go to trial right away. You may still be entitled to pretrial suppression hearings. However, you should be certain, when selecting an attorney, to hire someone who is well versed in these hearings as many attorneys are not.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
HOW CAN I HELP YOU BEAT YOUR TICKET
First, I can read the ticket and determine if the ticket meets all of the legal requirements necessary to make out the charge. If it doesn’t, I am able to make legal arguments to request a dismissal. Second, you may be entitled to additional information within a certain amount of time and if that information is not provided, you may be entitled to an outright dismissal of your charge. An experienced lawyer understands the laws surrounding tickets and the arguments that may lead to a dismissal. Third, if a dismissal is not forthcoming, I am able to negotiate the best deal possible utilizing my knowledge of the law and my prior experience as a traffic court prosecutor. Lastly, I’ve tried scores and scores of traffic cases and if a trial is the last option, I am skilled in cross-examining police witnesses and in beating all types of vehicle and traffic law charges.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
HOW CAN I HELP YOU BEAT YOUR TICKET
First, I can read the ticket and determine if the ticket meets all of the legal requirements necessary to make out the charge. If it doesn’t, I am able to make legal arguments to request a dismissal. Second, you may be entitled to additional information within a certain amount of time and if that information is not provided, you may be entitled to an outright dismissal of your charge. An experienced lawyer understands the laws surrounding tickets and the arguments that may lead to a dismissal. Third, if a dismissal is not forthcoming, I am able to negotiate the best deal possible utilizing my knowledge of the law and my prior experience as a traffic court prosecutor. Lastly, I’ve tried scores and scores of traffic cases and if a trial is the last option, I am skilled in cross-examining police witnesses and in beating all types of vehicle and traffic law charges.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
THE IMPORTANCE OF DISCOVERY IN A CRIMINAL CASE
You’re charged with a DWI or a DUI or any criminal matter and you do some internet research. You read a bunch of information from people that were previously charged
with DWIs or attorneys giving advice about DWIs/DUIs/Criminal Cases. You start to conclude that maybe your legal matter is cookie cutter and that there’s not much to it. You assume that the case will be resolved a certain way because of all that you’ve read and heard. Does this sound familiar? It is a very familiar scenario. The problem with this scenario is that there is no one size fits all scenario when I comes to DWI/DUI/Criminal Cases. When you’re charged with a DWI/DUI or Criminal case, it’s
true that each District Attorney’s Office has guidelines that will typically dictate how they wish to resolve a case. But what you need to know and where an experienced
attorney makes all the difference, is that a good lawyer, as opposed to a warm body, earns his/her money after discovery is served.
Discovery is just a fancy word that means that the prosecutor is required to show your attorney some of their evidence before trial. There are certain things that aren’t discoverable immediately and some things that are. Once an attorney receives discovery, he is or she is in a much better position to give you a sense of where your case may end up. This is why I cringe every time an attorney promises a client a certain result at the start of a case. There are certainly times when one can predict the outcome of a case. But if you’re really doing your job as a lawyer, you want to see the government’s evidence before you start predicting an outcome. What if over time, the evidence reveals that your client has a great defense and that he/she shouldn’t take the cookie cutter deal that’s offered to everyone? A diligent attorney wants to know that to give the best possible result to the client. Once the discovery is reviewed, then an attorney can discuss pretrial hearings, trial and other things that may get the client the best result available.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
CROSS EXAMINATION OF A POLICE OFFICER
Cross-examination is a learned skill and art. It is not something that is intuitive. If you don’t know how to properly question a witness, the results can be disastrous at trial. It’s difficult enough to cross-examine a civilian witness and much harder to effectively examine a police witness. Police witnesses are typically harder to cross-examine because they have much more experience than the average witness and therefore have developed an expertise in responding to questions.
Cross-examination is not just about knowing how to ask a question. It’s also about knowing what to ask, what not to ask, when in the order of questioning to ask, whether the question is legally permissible and most importantly, WHY the question is being asked. You need to know WHY you are asking a question. That is very important. You should also be aware that most witnesses will never admit that they are lying or that they’ve made a mistake. While that may happen all the time on television, real life is much different. It’s very possible to show that a witness is mistaken or lying but it must be done in a much more subtle manner. As I’ve said above, this is where a skilled cross-examiner is worth his weight in gold.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
PRACTICAL TIPS AFTER YOU RECEIVE A TRAFFIC TICKET
A police officer pulls you over and issues you one or more traffic tickets. You may or may not agree with the alleged violations or feel that the number of tickets that were issued is unfair. After doing some google searching, it occurs to you that these tickets involve points. And suddenly, you’re gripped with fear that you may lose your license because of the amount of points you already have and/or you start imagining what a conviction to these tickets can do to your auto insurance rates.
You’re not alone. Many people feel this way. You have a decision to make. You can either go to court and represent yourself or you can hire an experienced traffic attorney to help you navigate the what can often be the treacherous waters of the court system. Choose wisely because traffic tickets can often have far reaching affects on your license and/or insurance. You need to be aware that while traffic courts cater to motorists that appear without an attorney, there are landmines that the unrepresented motorist needs to consider. Many offenses have points. If you accumulate a certain number of points within 18 months, you may lose your license. If you lose your license, there is no guarantee that the DMV will issue you a restricted license. You may have an increase in insurance premiums as a result of poorly handled tickets. Also, there is something called a 25 year look back law that could potentially result in a permanent loss of license. There may be legal arguments that are available that can result in one or more of your tickets being dismissed or reduced. In the event that a mutually agreeable resolution can’t be reached, a trial may be necessary. As most people know, trials involve testimony from police officers. Proper cross-examination is a skill that is developed over time. It’s difficult enough for attorneys to develop adequate cross-examination skills and almost impossible for a motorist to know what questions to ask and what questions not to ask of a police officer when they lack legal training. If you receive a ticket, you should carefully consider whether it’s advisable to handle the ticket(s) on your own or hire an experienced traffic lawyer.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
As long as Cuomo is in office the draconian regulation called Part 136b will stay in effect
A FEW TIPS ON SELECTING AN ATTORNEY
You’re charged with a DWI and you are overwhelmed with solicitations from attorneys who want to assist you. You do a google search only to be even more bombarded with ads. I recognize how overwhelming and disconcerting that can feel. Remember that not every attorney is skilled at DWI defense. I don’t say this to disparage anyone but when you pay good money for representation, you hope that the person representing you knows what he or she is doing. Here is some advice when picking an attorney: (1) search for online reviews; (2) ask the attorney questions about their experience handling DWI, DUI or traffic matters; (3) ask what kind of service you can expect for the money you’re paying; (4) please be wary of an attorney that gives you an expected outcome immediately. This is super important. I recognize that you’re scared and anxious for an answer. But if an attorney is being honest, they must concede that at the beginning of a case, it is disingenuous to start assuming what will happen in your case. It’s like going to the doctor with what may be a broken leg and before the doctor looks at the x-ray to see if there’s a fracture, he or she says, “don’t worry, just take this medicine and the injury will be healed.” In other words, it takes time to properly diagnose the result of a criminal case. Many attorneys simply want your money and they’re willing to be dishonest to get it. Realize that it matters who the Assistant DA is prosecuting your case; so does the judge you’re in front of and the County your case is in…these factors all matter. (5) please be wary of the attorney that is well below everyone else in terms of price. Remember that while price certainly matters to most people, it should be secondary to an attorney’s performance. The cheapest attorney isn’t necessarily the best one and neither is the most expensive. But remember the old adage….you get what you pay for…
The most important qualities that you should look for in an attorney are (a) skill level; (b) experience handling your type of case; (c) honesty (even if it means telling you what other attorneys won’t); (d) integrity; (e) someone who is reasonably priced; (f) someone who is responsive to you and your case and (g) someone who is skilled at litigation.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
HOW CAN I FIGHT YOUR TRAFFIC TICKET?
First, I have experience both as a State prosecutor as well as experience as a local traffic prosecutor. I have represented the government in serious felony matters and I have represented local jurisdictions in a multitude of traffic matters. As a defense attorney, I have represented scores of clients in criminal traffic matters such as DWI, DUI, Aggravated Unlicensed Operation of a Motor Vehicle, Driving with a suspended or revoked registration, etc, as well as having represented clients in a wide array of traffic violations. I understand what the government relies on when preparing its case against you. I now bring my experience as a former prosecutor to the table in order to defend motorists just you like. Second, I am very accessible to my clients. I believe that if you give a good service, clients will not only be happy, they will also be repeat clients and they will send their family and friends to you. Nothing is a greater affirmation of success and accomplishment then receiving a phone call from a new client who tells me that he/she was given my number by a family member or friend. Third, I know what its like to be on the receiving end of a ticket. It can be overwhelming. Also, there are lots of attorneys out there who lack experience and either take your money and can’t get you the result you desire or they over promise and under deliver. I believe in being honest and upfront with clients even if it means that they hire another lawyer. Fourth, there are things about the law that non-lawyers just do not know. Google is not a substitute for a law degree and years of experience. The internet can be a very good place to start for legal advice but in the end, you need to realize that the internet is full of bad information. Lastly, if a traffic ticket or criminal matter is not properly handled, it can wreak havoc on your life. Not only will your insurance likely go up, but you may experience an interruption of your license, fees, surcharges and administrative fees. Moreover, while you may not plan to receive any more tickets, you may actually get more. As a former prosecutor, I can tell you that when a prosecuting attorney looks at your record, it will most likely be used against you to treat you more harshly. So while taking care of a legal matter without an attorney may seem attractive at the outset, it may prove to have long lasting negative effects.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHY YOU MAY WANT TO HIRE AN ATTORNEY FOR YOUR TRAFFIC TICKET.
Traffic tickets can have far reaching affects on a person's life. What most motorists don't realize is that if a ticket is not handled properly, it could come back to haunt you in the future. In my experience, most people have a very overly simplistic view and under appreciation of how serious traffic tickets can be. It's true that some situations may be swiftly handled by a motorist without the need for a lawyer. But when you decide to act on your own behalf, you're struck with the unforeseen consequences. And as one may imagine, undoing damage at that point may be very unlikely. Some things that can go wrong are: (a) an accumulation of points may lead to an interruption of one's license/privilege to drive; (b) the disposition of future tickets may be impacted by the improper handling of current tickets; (c) insurance premiums may be adversely affected; (d) in conjunction with the 25 year look back law, today's tickets may cause a permanent loss of license and (e) there may be other unforeseen consequences such as fines, surcharges and administrative fees. Many of these consequences can be avoided or at least should not come as a shock to the motorist who has adequate and capable counsel. But like most things in life, let the buyer (or in this case, the motorist) beware. What you don't know could hurt you.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
lawyers.justia.com/lawyer/luigi-vigliotti-1277222
THE BASICS OF WHAT THE GRAND JURY IS AND HOW IT OPERATES
The Grand Jury in New York is regulated by Article 190 of the Criminal Procedure Law (“CPL”). The Grand Jury is comprised of 23 jurors that listen to evidence and decide whether to indict. The Grand Jury also has investigative powers. The members of the Grand Jury can subpoena witnesses and evidence and has broad power in that regard.
When someone is charged with a felony, quite often, the prosecution starts by way of a charging document known as a felony complaint. A felony complaint is enough to arrest someone but if later, a felony conviction is anticipated, a felony complaint must be replaced by either an indictment or a superior court information.
For one or more reasons, a state prosecutor may decide to present a case before the Grand Jury. The purpose of this presentment is to allow the Grand Jurors to hear and view evidence and ultimately decide whether there is reasonable cause to believe that the target (aka defendant) has committed a felony. As a side note, Grand Jurors can also vote to indict on misdemeanors. 23 jurors comprise the body of the Grand Jury. However, in order to act, there must be a minimum of 16 Grand Jurors present. This is known as a quorum. If there is no quorum on a particular day, the Grand Jury cannot hear evidence and cannot vote on whether evidence is sufficient for indictment.
If there is a quorum present, in order to indict, there must be a minimum of 12 votes to indict. In other words, whether there are 16 to 23 Grand Jurors present, the only way for the prosecution to secure an indictment is for a majority of Jurors to vote to indict. Thus, the minimum amount of jurors required to indict is 12 Grand Jurors. The Grand Jury my hear witness testimony and see documentary or physical evidence. Once all of the evidence is presented, the Grand Jury may vote to indict (i.e., vote for a True Bill) or may vote not to indict on one or all of the charges. In some instances, the Grand Jury may vote to indict on lesser charges such as misdemeanors or may instruct the local District Attorney to file a prosecutor’s information which means that the original felony charge is being reduced to a misdemeanor.
A target of a Grand Jury presentment (unless it’s a direct presentment) may testify before the Grand Jury on his/her own behalf. As a safety measure, an attorney should always, pursuant to Criminal Procedure Law section 190.50(5), notify the District Attorney’s office prosecuting the case in writing of the defendant’s wish to testify before the Grand Jury votes on whether or not to indict. In NYS, a target may testify before the Grand Jury provided that he/she timely notifies the prosecution. Moreover, a target MUST execute a waiver of immunity or he/she will not be allowed to testify. The waiver of immunity will be covered in a separate legal guide but suffice it to say that a waiver means that the defendant/target is giving up his/her right to remain silent and to be free from self-incrimination. Before a witness testifies before the Grand Jury, he/she should consult a lawyer and discuss the tactical advantages and/or disadvantages of testifying.
Once the Grand Jury has heard all of the evidence presented, a determination will be made. The Grand Jury may vote to dismiss all or some of the charges or they may vote to indict on some or all of the charges. If the charges are dismissed, with some exceptions, the matter is over. However, if there is an indictment, the prosecution will generally take a more serious posture at that point. Once an indictment occurs, the defendant will be brought before a Judge, an arraignment will be done and technically, while not always the case, the prosecution can argue for an enhancement of bail status since the case has now gotten more serious post-indictment. Also at the arraignment, the prosecution will usually announce readiness for trial.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHY YOU SHOULD NEVER TAKE LEGAL ADVICE FROM POLICE OR THE INTERNET
Has a cop ever told you that your legal situation wasn't serious & that it would end a certain way? Or worse, the officer told you that you didn't need an attorney? Have you ever searched google for legal advice only to find that you were given incorrect information? If so, read this guide.
THE OFFICER LIED TO ME WHEN HE SAID MY CASE WOULD END A CERTAIN WAY OR THAT I DIDN'T NEED A LAWYER
Sadly, I hear from clients all too often that police lied to them about their case. The question isn't whether police can lie (they can and often do), but why they lie. I believe that cops lie to arrested people for several reasons. Specifically, the officer tells you that the case isn't serious so that he/she can calm you down. In calming you down and convincing you that your case isn't serious, the officer can often get you to talk freely and openly about your case. Remember that cops are NOT your friend when you're in this situation. You may know lots of cops and respect them but when you're under arrest or being investigated, they are there to BUILD A CASE AGAINST YOU. Do NOT ever forget that. Once you begin to speak freely, even if you think you're innocent, the officer is building a case against you. Officers will say things like, "I'll talk to the DA for you," or "I'll make sure you get DIVERSION," or "I'll tell the DA to not ask for bail," or "I'll get you out of here tonight with a desk appearance ticket ("DAT") if you cooperate." These tactics are all designed to trick you into speaking without the benefit of a lawyer. One of the most reprehensible things that a cop can tell a suspect is that they don't need a lawyer. If this were true, then why do they still arrest the person? The reason why cops tell a suspect that he/she doesn't need a lawyer is because once you demand to speak with a lawyer (any lawyer), the cop has to stop questioning you until a lawyer arrives. The officers obviously want to build their case without a lawyer blocking them. The officer tells you that you don't need a lawyer for the same reason he/she tells you that your case isn't serious. The cops want you to put your guard down and speak so that the police can build a case against you. If you don't really need a lawyer, the case must not be serious, right? Well, that's what they get you to think so that you will cooperate and help them build a case against you. Do yourselves a favor and always demand to speak to an attorney. It can be the difference between no criminal conviction and a criminal conviction.
I READ SOMETHING ON THE INTERNET ABOUT THE LAW THAT TURNED OUT TO BE INACCURATE
I cringe every time a client tells me he/she read something on the internet. It's not that I don't want clients to be knowledgeable, it's that the internet, while a good place to start for legal information, is usually wrong or it leaves out important information. First, the person writing the advice is usually not an attorney. Remember that attorneys are people who study the law, take exams to demonstrate competency and then spend their entire careers immersed in the law and in taking never ending refresher courses. Therefore, when you stack that beside some anonymous person on the internet, it should be clear who should get your confidence. Second, even if the person writing the advice is an attorney, remember that there are plenty of attorneys who do not possess competency in the area in which they're giving advice. I often have to fix mistakes that other attorneys who claimed to be skilled in an area of law have made. Lastly, even if the advice is accurate, you should realize that there is no one size fits all category under the law. Every case is different and quite often, the outcome of a case depends upon several factors including (1) the background of the client; (2) the county in which the case is pending (this can make a huge difference), (3) the Judge before whom the matter is pending and (4) the Assistant DA who is handling the case. Also, many clients become informants and some victims choose not to cooperate in the prosecution of a case. When the defendant is cooperating or the victim is not cooperating, this can be a huge factor in resolving a case to one's benefit. The lesson is that while the internet is a good place to start for legal advice, one should ultimately seek advice from a qualified attorney.
To learn more about your rights when confronted by police, you should speak to a qualified attorney who focuses in criminal law. I can` be reached at the Law Offices of Luigi Vigliotti, P.C., at (516) 385-2940 or by email at www.vigliottilaw.com.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
THE ELEMENTS OF A DWI CASE---WHAT THE GOVERNMENT HAS TO PROVE
A driving while intoxicated charge is usually brought under Vehicle and Traffic Law (“VTL”) section 1192.2 or 1192.3, though there are other DWI sections as well. Of course, there are DUI charges such as VTL section 1192.4, which charges driving under the influence of drugs. And there are other charges that can be lodged combining driving under the influence of drugs and alcohol. Generally speaking, we will be dealing with DWI charges though DUI charges have many of the same elements.
Elements are facts that the prosecution must establish. If one of those facts cannot be adequately established by competent evidence, that may not only weaken the prosecution’s case, it may require a dismissal or may result in a loss for the prosecution after trial. The elements of 1192.2, DWI Per Se, are that the defendant motorist on a certain date, in Nassau County (or Suffolk County or whichever county the incident occurred), operated a motor vehicle and that the defendant did so while he/she had .08 of one per centum or more by weight of alcohol in his/her blood as shown by chemical analysis of such person’s blood, breath, urine or saliva. Also, the roadway upon which the defendant motorist was operating the vehicle must be a public roadway. Each of these elements must be proven beyond a reasonable doubt in order to find defendant guilty of VTL 1192.2. If any one of these elements is missing or cannot be established by competent evidence beyond a reasonable doubt, the defendant MUST be found not guilty. If a person is found guilty notwithstanding the lack of evidence, a motion to set aside ther verdict as being against the weight of the evidence should be made.
The elements of common law DWI, VTL 1192.3, are that the defendant motorist on a certain date, in Nassau County (or Suffolk County or whichever county the incident occurred), operated a motor vehicle and that the defendant did so while in an intoxicated condition. As you can see, VTL 1192.3 differs from 1192.2 in that there is no proof of blood alcohol content required to prove the charge. Instead, prosecutors will attempt to prove intoxication by (1) consciousness of guilt. They will argue that the reason a motorist refused to take a chemical test is because he/she knew that the results would reveal evidence of guilt. A jury will be asked to consider that consciousness of guilt in rendering its verdict. And (2) the prosecutor will rely on an officer’s observations of the motorist such as physical clues of intoxication: results of field sobriety tests (SFSTs), whether the motorist had bloodshot eyes, an odor of alcohol emanating from his/her breath, their balance and/or slurred speech. And of course, if there was an accident or erratic driving, that evidence will be presented as well. As with the 1192.2 charge, a charge of 1192.3 must be proven as to each of its elements beyond a reasonable doubt in order for a jury to convict. If any of the elements are not proven, a jury should acquit by returning a verdict of not guilty.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
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d=”M181.679,175.782l2.088-4.608l-3.762-7.74h2.682l2.357,5.185l2.178-5.185h2.557l-5.562,12.349H181.679z”></path></g><rect class=”st4″ height=”47.524″ width=”141″ x=”66.567″ y=”49.875″></rect><text class=”st6 st7 st11 st12″ id=”js-avvo-rating-3415655″ transform=”matrix(1 0 0 1 72.0684 96.9355)” x=”66.567″>9.8</text><text class=”st3 st10 st12″ x=”50%” y=”134″ style=”font-size: 14px !important;”>Luigi Vigliotti</text></g></svg></a><script type=”text/javascript”>(function(context) {if(context.Avvo) return;function alertContents(httpRequest) {if(httpRequest.readyState == 4) {if((httpRequest.status == 200) || (httpRequest.status == 0)) {var payload = JSON.parse(httpRequest.responseText);if(!payload.avvo_rating) { return; }document.getElementById(“js-avvo-rating-3415655”).textContent = payload.avvo_rating}}}function send_with_ajax(the_url) {var httpRequest = new XMLHttpRequest();httpRequest.onreadystatechange = function() {alertContents(httpRequest);};httpRequest.open(“GET”, the_url, 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