Monday, January 24, 2011

Ithaca Lawyer Discusses Ithaca College, and Cornell University: Criminal Charges and Administrative Hearings

Being JA'd in addition to your pending criminal charges

Sometimes as part of my representation of IC (Ithaca College) and Cornell students they will request my attending their administrative hearings. Violations on campus and usually many of the dorms/apartments are part and parcel of campus property will often result in a separate college board hearing/review to determine what consequences/punishments/reprimands/suspensions/expulsion the student may face for their criminal charges.

REMEMBER: Even many off campus infractions can and will result in your being JA'd by the police or a concerned party.

The Cornell University Judicial Administration department is more apt to want to deal with local lawyers in their process. I have found them inviting and seeking input as to what is going on at the "criminal" end of things with their students.

The Ithaca College Judicial Administration is not like Cornell as to local lawyers.

Under the IC policy ANY attorney involvement in these is forbidden. This is a "one on one" meeting.
See highlighted code under (5.) below: Administrative Hearing Process [IV]

As amended by the Ithaca College Board of Trustees April 14, 2000, October 13, 2006, and May 17, 2009.
When a nonacademic incident occurs involving an Ithaca College student's alleged violation of any rule or regulation outlined in the "Statement of Responsibilities," policies provided in section or in the residential life rules and regulations, the matter will be handled according to the following procedures unless the incident occurs at the end of an academic year and involves a graduating senior. For an incident involving a graduating senior, the College shall be permitted to modify the steps in the hearing procedure to allow for resolution of the matter prior to commencement:
The incident is documented.
The documentation is then forwarded to the director of judicial affairs or other appropriate administrative hearing officer, who will determine if the student will be charged for the alleged violation(s) of the student conduct code.
When a student is charged, the student will be notified in writing by the director of judicial affairs or other appropriate administrative hearing officer. This written notice will include the section(s) of the residential life rules and regulations and/or the student conduct code allegedly violated; a brief description of the incident; the date, time, and location of occurrence, if available; and an appointed time to meet with the designated hearing officer. The letter will include instructions for rescheduling the meeting should the student have a conflict with the scheduled time. The letter will include a statement indicating that if the student fails to appear for the meeting, that student waives the student's right to this administrative hearing process and a decision regarding responsibility and sanction will be assessed based on the available evidence. This judicial charge notice must be received by the student at least 72 hoursbefore an administrative hearing is convened to consider the matter.
Students who fail to appear at the appointed time or fail to reschedule prior to the time of the original appointment waive their right to a hearing and may be assessed an appropriate sanction by the judicial hearing officer if responsibility is determined based on the evidence available.
The administrative hearing is a one on one meeting between the student and the judicial hearing officer. The presence of an attorney and/or written materials submitted by an attorney in representation of his/her student client is prohibited. In the administrative hearing with the judicial hearing officer, the administrative procedures and charges will be explained, documentation and evidence will be reviewed, and the student will be provided the opportunity to have all pertinent questions answered. At the hearing the student and the judicial hearing officer will discuss the relevant information from the incident as well as any other information that the student or the judicial hearing officer deems appropriate.
This hearing will result in one of the following possible outcomes:
  1. The hearing officer may dismiss the charge(s).
  2. The student may accept responsibility for the violation or may be found responsible by the hearing officer based on a preponderance of the evidence. A sanction (see section will be verbally indicated by the hearing officer within 24 hours of the hearing, with written notification to follow within ten (10) College business days.
  3. In the event that a judicial hearing officer determines that additional information or further investigation is required in order to reach a decision, the outcome of the hearing will be delayed pending this investigation. The judicial hearing officer will follow up with the student to arrange any additional needed meeting(s) and/or to apprise the student of the investigations in progress. The process will conclude with a final decision regarding the hearing.
The student who has been charged under the student conduct code may at the conclusion of the administrative hearing process choose to accept the decision/sanction or choose to have the case heard before the conduct review board. (See section If a case involves a graduating senior, the decision of the judicial hearing officer is final unless the decision/sanction involves withholding of a transcript or diploma, suspension, or expulsion. A decision/sanction involving withholding of a transcript or diploma, suspension, or expulsion may be appealed to the vice president for student affairs and campus life or designee.
In cases of Sexual Misconduct or Domestic Violence the following additional procedures will be incorporated in the administrative hearing process:
a. The primary witness and accused student will have the right to select an adviser from a specially trained pool of students, faculty and staff trained in the areas of domestic violence and sexual misconduct. The special adviser will help guide the primary witness/accused student through the judicial process.,
b. The administrative hearing will be conducted by both a male and female hearing officer.
c. The primary witness will be given the opportunity to meet with the hearing officers to provide information about the case prior to the hearing. If a primary witness elects NOT to attend this meeting, the alternative options are handwritten, audio taped, or video- taped statements submitted 24 hours in advance of the hearing.

The student may also choose to have a conduct review board hear the student's case if the student has been charged under the residential life rules and regulations and the hearing officer has imposed a sanction of residence hall reassignment, residence hall restriction, and/or termination of the student's housing contract. No other sanctions imposed by a hearing officer regarding the residential life rules and regulations carry with them the option of a conduct review board hearing.
A written request for a conduct review board hearing must be received by the director of judicial affairs within 72 hours of the written notification of the sanction(s) from the administrative hearing.
In the event that a student is eligible to have the student's case heard before a conduct review board and chooses to do so, the decision rendered in the administrative hearing becomes null and void, and the student continues without sanction until the conduct review board hearing process is completed.


So I think it best to talk to an attorney before your administrative proceeding. This is for a number of reasons: to discuss the impact of the criminal proceeding, and how it's outcome may be followed by resolving academic issues later on. 

Sometimes it also helps to let the College know you are accepting responsibility for your conduct, and being proactive about getting help. These things can go a long way to assist your long term college goals.

 Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

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Sunday, January 23, 2011

Out of State License, New York DWI, and IIDs (Ignition Interlock Devices)

I often represent people from different states who for one reason or another were passing through the Great State of New York. The circumstances of their "visit" ie. whether they are driving through for business, pleasure, or college OR if it is for 5 minutes or for 5 years matters less than the fact that they now have to deal with a DWI criminal charge in the New York town, city, or village in which they were arrested.

I am asked: What happens back in my home state? What license (suspensions/revocations) issues will I face? What fines will I have?

The answers to these and other questions depends upon the state. It also depends if this is a first time DWI. It can range from nothing (generally in PA they do not sanction beyond NY punishments for first time DWI offenders) to $3,000 plus a 210 day suspension in New Jersey to everything New York does in New Hampshire to an administrative hearing in Texas to decide (from zero to everything).

In this blog I'd like to explore just the issue of IIDs. New York State has a mandatory (the Judge, and the prosecutor have NO discretion) six month ignition interlock device to be placed upon every vehicle you own and/or operate for every first time DWI or ADWI (aggravated DWI) conviction.

In addition, this device needs to be monitored every 30 days. What happens to you if you live in another state?

THE LAW for Interstate Compact States

An out-of-state resident must comply with a New York ignition interlock device order as set forth in 9 NYCRR §§ 358.7(b) (3) and (4).

9 NYCRR §358.7(b) (3) states that:

“ where an operator, subject to probation supervision or a sentence of conditional discharge, resides or desires to reside out-of-state and is an offender subject to the interstate compact
( 45 states belong to the interstate compact, these five: Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin DO NOT BELONG to the compact)

for adult offender supervision pursuant to section 259 of the Executive Law, the governing rules of such compact shall control. Additionally, Part 349 of this Title shall apply with respect to transfer of supervision of probationers. Where transfer is permitted, the receiving state retains its authority to accept or deny the transfer in accordance with compact rules. Where an operator is subject to probation supervision and is granted reporting instructions and/or acceptance by a receiving state, the sending probation department selects the specific class and features of the ignition interlock device available from a qualified manufacturer in the receiving state. Thereafter, the operator may select the model of the ignition interlock device meeting the specific class and features selected by the sending county probation department from a qualified manufacturer in the receiving state region. The device shall be installed prior to relocation or return where feasible. A qualified manufacturer shall make necessary arrangements to ensure the county monitor in New York State and the receiving state receive timely reports from the manufacturer and/or installation/service provider”

Pursuant to the compact, an operator convicted of his or her first DWI misdemeanor is NOT subject to the compact.

Take Away: New York can't force another state to do anything! NY state can control your NY state license privileges. Can NYS make you buy or get a car (say you don't own a car) and put it (the IID) on in another state?... So in essence, your home state will decide. Talk to a lawyer within that state, because county to county within that state it may vary.

btw A New York Judge can still stick you in jail in lieu of probation, make you get drug/alcohol treatment/evaluation, and can require a multitude of punishments beyond the IID. DWI is an Unclassified Misdemeanor which can receive up to one year in jail by law although sentences of jail time on first time DWIs (without serious injury or fatality) are rarely given.


9 NYCRR §358.7(b) (4) states that:

“where an operator resides or desires to reside out-of-state, is not subject to the interstate compact (Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin ) for adult offender supervision and such compact's governing rules, and has been given permission to return or relocate by the sentencing court or monitor, the same provisions with respect to selection specified in paragraph (3) of this subdivision applies and the device shall be installed prior to relocation or return. A qualified manufacturer shall make necessary arrangements to ensure the county monitor receives timely reports from the manufacturer and/or installation/service provider.”

An operator convicted of his or her first DWI misdemeanor is not subject to the interstate compact for adult offender supervision. [See: 9 NYCRR §358.7(b) (4)]

One example: Texas is part of the interstate compact but as we discussed Texas will decide what it does, New York can't tell Texas what to do. IMO, Understanding and preparing for future issues brings down stress, tension, and fear. The best advice is to speak to a knowledgeable DWI attorney as soon as possible after your arrest.

Word to the wise "forewarned is forearmed."

Larry Newman,

Thursday, January 20, 2011

Why New York DWI Probation Can be Worse Than Jail

Do I need an Attorney if I just want to plead guilty to my New York DWI?

What happens to my driver's license after a New York DWI arrest?

When should I hire a lawyer for my New York DWI case?

Do I get credit for all the time my license is suspended for a New York ...

Challenging The STOP for a New York DWI

3 reasons to Have an Early New York DWI Evaluation

Understanding New York DWI License Suspensions and Revocations?

3 Things to Know Before Your New York DWI Alcohol Evaluation

Saturday, January 1, 2011

2011 is Officially Here

We in Ithaca have been fortunate in 2010, at least weather wise. We have gotten little snow compared to our neighbors in Syracuse. Inches versus their feet, and this past weekend was like summer with temps in the high 40s.

Well 2010 is now ober, and 2011 is finally here! I am excited this year to introduce myself, and great DWI defense information on short videos. It has been a long term goal of mine to create videos, and share on topics of interest. I love to speak, to break down the law, and to simplify all of it.

I believe that we have fear of those things we do not know about and/or cannot understand. Much like shining a bright light in a scary basement castes out the darkness, and our fears of rats and bugs. I remember living in Brooklyn, and we had rats and these huge water bugs in the basement. One day my dad decided to drop a bomb (to fumigate) on them, and we then had lots of dead rats and bugs. What a mess to clean that up. Anyway, with new lights, and no critters that basement became a great place to hang out.

I am hoping that those visiting my blog will also decide to "hang out" and learn. All the best for a great 2011.