Thursday, August 30, 2018

New York 45 day Rule: Criminal Defense Motions: You Snooze You Lose





Timelines or deadlines are crucial in criminal defense. The NY 45 day rule states that we have only 45 days from the date of the initial appearance with counsel in which to file our motions. In other words the clock starts ticking on our ability to keep out evidence (suppress it) within those first 45 days.



If we do not challenge any of the evidence, then the default is that it all comes in against you at trial.



Friday, August 24, 2018

Friday, August 17, 2018

DWI Case Dismissed for Jurisdictional Defect


Wandering on the road is NOT safe

A drunk woman was wandering two blocks from an accident scene. She refused the breath test. She was later found guilty of DWI after a trial. This was later reversed because of a jurisdictional defect. 

What is a jurisdictional defect? How important are the charging documents in any DWI case? How can I tell if my DWI case has one? 

Monday, August 13, 2018

Thursday, August 9, 2018

New York Felony Probation Allows Medical Marijuana





A case of First Impression. New York allows a person on felony level probation to use medical marijuana. A big win for all medical cannabis users, and those who see it's benefits.

This is history in the making as NYS lightens it grip on marijuana use. New York city has already declared it wouldn't prosecute marijuana use in the future as it did in the past. Marijuana in my opinion is not a gateway drug. It has many potential uses medically for PTSD, anxiety, and autoimmune diseases like Crohn's and Lupus. Marijuana is not the demon many people make it out to be. I think it's has many effective uses, one of which is long term pain management.

People v. Stanton was decided in August of 2018 and I think it speaks to our time of transparency and truth. It is time to take pot out of the backrooms. I believe it is time to have open discussion of using marijuana to help those in the population who are tired of all the side effects tied to prescription medicines.

With the number of prescription drug deaths at all time highs nationwide it's time to look at other less harmful substances. Medical cannabis can be used for long term chronic illness with little to no ill effects. As this case illustrates there are many people who see marijuana as an old answer to a new problem.

Monday, August 6, 2018

New York CD versus New York ACD: What's the difference under the law?





New York CDs and ACDs are very similar alphabetically but are worlds apart in meaning.



Conditional discharges are the most common sentencing option across the board for anything from a non-criminal violation to a misdemeanor and occasionally even a felony level offense.



Adjournment in contemplation of dismissal is where the judge and prosecutor agree to set aside (delay), adjourn if you will your case while they (contemplate) think about dismissing it.



With a New York CD you are most definitely  convicted of something.

With a New York ACD you are most definitely NOT convicted of anything.



Both have terms and conditions.

Both have time periods to compete those terms, conditions, and/or obligations.



CDs are usually one year in duration but can be two years max.

ACDs are usually six months, and sometimes can be a year in duration.




Thursday, August 2, 2018

The Most Common Way to Violate Your Ignition Interlock Device (IID)?





IIDs (ignition Interlock Devices) and DWI go together, well like rice and beans. But knowing the most common way most people violate could save you or loved ones aggravation down the road.

New York has mandatory IIDs since 2010, and this was updated to one year IID in 2012. People that have been sentenced to a New York DWI under ANY VTL 1192 sub section except (DWAI drugs) will have a mandatory condition in place.

VTL (vehicle and traffic law) 1192 is the DWI section of NYS law.


This mandatory condition is called the A2 license restriction by the NYS DMV. It means you can only drive a vehicle with an installed ignition interlock device or IID. This condition is usually ordered for 12 months and you have the option to petition the court for removal after 6 months if you have no issues (failures) with the IID.

This condition never goes away based upon time. Could be there 20 years later.
This condition never goes away based upon circumstance. You don't own a car, you don't have a license, you live in another country.
This condition never goes away based upon finances. You don't have any money, NYS will subsidize your IID.

This video highlights the number one way we see people who violate an IID.