What happens to your drivers license after you’ve been arrested for an alcohol related offense? Prompt Suspension Law In New York, the Prompt Suspension Law mandates that a court must suspend a driver’ license upon arraignment for certain alcohol-related driving offenses if the driver is alleged to have had a blood alcohol content (BAC) of...
You should be aware that if you are not a United States citizen, a conviction to certain charges may result in your deportation, a denial of naturalization and/or a permanent bar from re-entering the US if you should travel abroad and attempt to return. What does Padilla v. Kentucky, 559 U.S. 356 (2010) hold...
This issue was addressed in People v. Ocasio, 85 N.Y.2d 982 (1995). In Ocasio, two police officers walked up to a motorist’s vehicle which was stopped at a red light. The officers tapped on the window, displayed their badges and asked the motorist for identification. The Court of Appeals laid out the factors to be...
This guide will educate you on issues of probable cause, what it means, how an officer may obtain it and what needs to be done once it’s acquired. Probable Cause applies to an arrest as well as to searches. It may apply to DWI, DUI and all types of criminal cases. WHAT IS PROBABLE CAUSE...
A “search” has taken place if the police officer’s method of observation involved the use of devices that substituted for his/her own perception. Pursuant to People v. Clark, 103 Misc.2d 498, 426 N.Y.S.2d 692 (Sup. Ct., N.Y. Co., 1980), when a police officer is in a common hallway and puts his/her ear to the door...
This guide will educate you and give an introduction on the beginning basics of search warrants. This guide applies to all criminal cases including, DWI, DUI and drug cases. Basic Concepts of Search Warrants Search warrants are governed by the Federal Rules of Criminal Procedure Law section 41 and New York Criminal Procedure Law 690....
Domestic violence case in Suffolk County dismissed on speedy trial grounds. Even after the DA’s office offered an adjournment in contemplation of dismissal, we said no and they opposed my written motion. I knew I was right and the judge agreed. Case dismissed.
I represented a woman in suffolk county in a domestic violence case where she couldn’t see her kids because of an order of protection. I submitted a motion to dismiss and the DA’s office agreed to adjourn the case for one year at which time the matter will be dismissed. And even better, the order...
I represented a defendant charged with Criminal Sale and Criminal Possession of a Controlled Substance, both class D felonies. After aggressive negotiations with the DA’s office, the client pleaded to disorderly conduct which is a non-criminal disposition that is at the same level as a traffic infraction.
I represented a client in Suffolk county on a domestic violence case. The District Attorney’s Office was very aggressive in its position to not plea bargain because the client had an extensive record. After reviewing the case, I was able to point out certain evidentiary problems with the prosecution’s case and rather than dismiss the...
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