Ithaca DWI Lawyer: Is it Pleaded or Pled Guilty?

Pleading Guilty = Being Found Guilty

You know for as long as I practice law, and live life there sometimes isn't a "right" answer. Language and usage based in culture, in country, and most appropriately in time vary. One of my daughters loves to use the word "dank," as in that is so dank, and one of my sons loves to say that I am "savage"and "vicious" when I tell it like it.

But what is the right and wrong tense of the word plead? Is the past tense pled or is the past tense pleaded? Since 95% of criminal cases in this country do just that is this important?

Ithaca DWI Lawyer Explains the High Beams New York DWI Traffic Stop for Dazzling Lights

Are these Lights on High Beams?Are they really dazzling?
from Swankmonkey.com

In New York State a police officer (any LEO = law enforcement officer) can pull you over (STOP your car) for a moving or an equipment violation. This is the most common reason for someone being stopped by the police. They were speeding, they went through a stop sign, they don't use a tern signal, etc. But sometimes the police say that someone had their brights on, their high beams.

New York State VTL 375 (2) (b) "Dazzling" Lights 

TWO Pressing Questions:

Is it against the law to drive with your high beams on?
When is it an improper (or illegal) for the police to make a stop of your car for high beams?

Well in these types of DWI cases the main word is: INTERFERENCE

It is NOT illegal to drive with your headlights on high UNLESS it interferes with the operation of cars by others, i.e. the police officer/trooper/deputy that pulled you over or other motorists.

How do I combat a "bad" (illegal) stop in these circumstances?

I demand (request) a suppression hearing of the STOP of the car. This is called a Huntley hearing in New York State. At the hearing I will cross examine the officer (ask questions) about the circumstances that had them pull you over.

I have had officers state that they did not alter the operation (driving) of their cars.
I have had officers state that they could look directly into the beams as they approached.
I have had officers state that they never issued a violation ticket for supposed high beams infraction.
I have had officers state that they never checked to see if the high beams were actually on (some newer cars have xenon head lights).

Is it high beams or a newer car with high end lights?
The better Question, is it an illegal stop?
from xenon headlights.net

IF they were not interfered with in their operation then under the New York case law = the stop for high beams is unwarranted/improper/illegal.

Remember that ALL evidence discovered (pot, drugs, DWI, breath, blood) after an ILLEGAL STOP of a car is INADMISSABLE!!

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

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 440 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

   

Ithaca Cortland Lawyer Dismissal of New York Unlawful Possession of Marijuana

Dismissals of cases come happen in a number of ways. This video discusses a complete dismissal of a marijuana case because the police neglected to file the charges with the Court in a timely manner.

Even if the case was filed properly (timely) first time offenders being charged with most New York marijuana offenses may be able to use a special statute to get a delayed dismissal under section 170.56.

The Problem:

A delayed dismissal (ACOD) is still a "conditional" one.

An ACOD (adjournment in contemplation of dismissal) for Marijuana is when the Court grants a putting aside (kinda like suspending the proceedings) of charges AND IF you do not get re-arrested within the next 6 months then the charge will be completely dismissed. This is a CONDITION.

Any Condition Holding Over You Can Be a Big Problem

These can be problematic for those about to enter certain branches of the armed services, or a professional degree program (doctor, lawyer, etc.). Professional schools of education also want you unencumbered by Court conditions

Some branches of military service don't consider this a true Court condition but others do. The government generally does not want anyone to hold any authority over you except them. Always check with your recruiter to see if an ACOD will be a problem before accepting this as a plea bargain.

Another potential remedy to plea bargain in lieu of the ACOD may either be a straight dismissal with community service or a changing of the marijuana charge to a disorderly conduct (violation).

Consult with a knowledgeable marijuana defense attorney before preceding to Court.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Cortland Lawyer Why You Can Run But You Can't Hide from Your New York Violations?

Life like law has a great many layers. Changing your perspectives, angle, or viewpoint of the same situation may depress or elate you. Laws, rules, and statutes come in different varieties and levels. We have Federal laws, State laws, and local (municipal) laws. In fact, you may be brought up on charges across the board (all three) in some cases. Sometimes violations are segmented (isolated to one area), sometimes they may spill over into multiple jurisdictions.

The Feds and Federal Law

The old expression, "are you making a Federal case out of it?" refers to the complex, harsh, and conservative Federal (government) regulations. Bringing a claim in Federal Court or being brought to a Federal Court (IRS, FBI, NSA) on criminal charges is not fun. Federal cases and Potential Federal influence must always be considered with any state criminal or even non-criminal charge.

Federal Influence on New York State Traffic (ie. speeding) Violations

National Driver Registry (the NDR) and Federal law, 23 CFR 1327.5(b)(1)

They (any state) will eventually find out about any outstanding traffic offenses in any other state, upon either your application for a driver's license or your renewal of a driver's license.

What is the NDR? 

The National Driver Register (NDR) is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privilege or who have been convicted of a serious traffic violation. When a person applies for a driver's license the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a problem driver, the license may be denied.

Remember, any untaken care of traffic violations will default to a license (privilege) suspension in New York State. This is not a maybe, it is a fact. License = a privilege to drive in that state whether you have a license there or someplace else.

How it works: 

When a person renews or applies for a driver's license in a state the MVA must check to see if the name is on the NDR Problem Driver Pointer System (PDPS) (as required by federal law--see 23 CFR 1327.5(b)(1)

All Motor Vehicle Associations must check you under Federal Law 23 CFR 1327.5(b)(1).

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c...

btw the state that gave you any license "privileges"  only has jurisdiction/authority over your "privileges" in that state but if you drive in any other state during that time (of driving) you have an assumed driving privilege in that state.

KEY TAKEAWAY: 

Violations, even these non-criminal offenses can have a long and deep Federal impact upon your life, whether to your ability to complete your education, your ability to drive a car, and/or your ability to get a job.


Law Offices of Lawrence Newman
504 N. Aurora Street
Ithaca, NY 14850

fax: 866-381-3122
ph: 607- 229-5184

Reviews and Endorsements of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

I am a co-author of Strategies for Defending DWI Cases in New York, both 2011 and 2013 editions:

Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition

newman.lawrence@gmail.com

Ithaca Cortland Lawyer Asks When Can You Violate a Conditional Discharge but NOT Be Violated?

New York Conditional Discharges Always have
Terms and Conditions
from askatoddler.com

New York law can be confusing at times, even for lawyers. We have some customs and procedures that vary from one county to the next. Having more certainty I'd like to think is a good thing but we can't always have it.

In this blog post I want to help make sense of the world of Court CD conditions, terms, and obligations and what happens or may happen if we VIOLATE them.

Violating Your Conditional Discharge 

The one year CD or conditional discharge is the most common sentencing option in the vast majority of New York lower local Courts (town, village, and city). It can have a wide range of conditions, deadlines for those conditions, and accompanying open ended collateral obligations to those conditions, wow! Open ended anything scares me.

So if the Court states at sentencing, "you must have a drug/alcohol evaluation by an OASAS evaluator and you must follow through and complete all treatment recommended by that evaluator" that is a mouthful and that may involve many months or a year of rehabilitation (all at your cost and expense).

Or if the Court states at sentencing, "you must have a mental health evaluation and either submit documentation of your progress (continued treatment) and/or completion over the next year."

Or if the Court states at sentencing, "you must complete 100 hours of recognized community service at a non-profit organization."

Or if the Court states at sentencing, "you must remain free of any use of alcohol and/or illegal drugs for the next year." Over the years the only way I've seen this enforced or violated is with public intoxication (disorderly conduct) type charges after a CD.

The ONE Main Condition of Every CD

The Court will always have one main condition in every CD sentencing, "you are to be arrest free over the next year or else this sentencing for this plead to offense (charge or charges) can be re-opened (re-visited).

What happens if YOU Violate? What happens if you don't follow up or follow through on the conditions? What happens if you only complete part of the conditions or none of them?

If and when the DA discovers the violation, it could be a letter from the drug/alcohol treatment center to the Court and the DA that you are AWOL or MIA. Then the DA will have to file a Notice of Delinquency with the Court. This will state the condition stated during and as part of sentencing and Why you are now in violation of that condition.

Sometimes your violation involves new charges or in another county or another state. It is up to the discretion of the ADA to decide whether to proceed with violating you or not to violate you.

Sometimes your violation will have the Court bring you back without the DA first. This is so the Judge can perhaps forestall a full violation by having you get into compliance. Maybe go back into treatment, or catch up with your obligations, or produce proof of a good reason to allow you more time or another chance.

Violations of CDs need to be handled, they should never be ignored.

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

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 440 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Ithaca Lawyer Getting Past the Reptile Brain in New York Assault 3rd

The Simple Reptile Mind from 1ms.net

We have a relatively primitive brain. I didn't come up with this, it's all that reading I do. We are at our base instincts, reptilian. We have brains wired for survival of our species. All else is as they say, is merely commentary.

The reptile brain thinks in duality. Hard and fast dichotomy, with no in betweens. Safe vs. Dangerous, flight vs. fight, good vs. bad, this brain is quick to make decisions and judgments. All hard wired and ready at an instant.

Legally Speaking from thinkingtoinking.com

Where this brain of ours doesn't serve us in when it comes to subtlety. I am one of those knuckle head guys that doesn't always read the signs (as my wife loves to quip). How did you miss that? It was so obvious? Me, like millions of other people don't always think in degrees, in those shades of grey, or those slight differences. Those colors all look the same, you already have shoes just like those, or why does it matter about what style you wear to that event. I think women think a little less reptilian as a general rule.

Law is Centered in Subtlety 

We have crimes based upon degrees. We have crimes based upon levels of harms. We have crimes based in mental states (intentional, negligent, and reckless). We have punishments in degrees as well, called in New York State, "graduated sanctions." In law, evidence and proof are measured and weighed (the scales of justice). Appropriate sentences are proportioned to fit the crime.

Degrees of Injury are Vital 

Defending Against NYS Assault in the Third

Which brings me directly to New York State Penal Law section 120.00 Assault in the Third Degree, aka assault 3, or assault 3rd.

The essential element of the Prosecution (the District Attorney) proving you guilty of assault 3 is the causing of a physical injury to another person.

Physical injuries vary greatly by degree. Are these "substantial" injuries? Are they lingering (permanent)? Are there any aftereffects from the injuries?

New York State law defines physical injury under Penal Law section 10.00 (9):

Physical injury is defined as one that causes impairment of someone's physical condition or substantial pain. So they (the DA) must SHOW (Demonstrate) impairing injuries or substantial injuries to prove you guilty of Assault 3rd.

This is an objective measure, not a subjective one. My wife is a nurse, and I can tell you what someone thinks (or feels) is painful varies greatly person to person. Some people think everything is a level 15 on a scale of 1 to 10, while others are bleeding profusely and feel fine.

Where the Court Found Guilt of Assault in the Third Degree

In one case, People v. Guzman, 260 A.D.2d 188 (1st dept. 1999) the court found Guzman guilty of assault 3rd based upon the physical injuries sustained, he appealed, and the higher Court upheld the conviction based upon the injuries sustained:

red streaks across the face that lasted for 2 weeks
cuts and bruises that lasted for days
large blood clot inside the mouth
soreness of the ribs, face, and mouth that lasted for days

KEY TAKEAWAY the injuries Lingered, they lasted for days or weeks.

Where the Court Found Innocent of Assault in the Third Degree

In People v. Rodriguez, 158 A.D. 376 (1990) the Appellate Court reversed a conviction of Assault 3rd because the injuries did not meet the objective level of either causing impairment or substantial pain. The injuries sustained:

three punches to the leg
bruises from the blows
No testimony of any aftereffects from the bruises

When is it just a Bruise? from coreconcepts.com

The Court did not feel the prosecution met the "substantial pain" threshold to warrant a conviction for Assault 3rd.

In another case, People v. Oquendo, 134 A.D. 2d (1987) the Appellate Court found insufficient evidence to sustain a conviction for Assault 3rd based upon the following injuries:

knocking someone down to the floor
hitting her ankle
kicking her
Bruised and black/blue ankle
NO aftereffects, NO lingering

The various New York State Courts have held that the following are merely minor injuries
(NO substantial injuries = NO Assault 3rd):

a one-centimeter cut above the lip
superficial scratches
abrasions requiring one stitch
blows causing red marks
even being struck in the head by a gun
pain experienced at the time of injury

The Courts are looking for aftereffects. 

KEY TAKEAWAY: Substantial pain requires more than slaps, kicks, punches, shoves, and blows.
Pictures of bruises in and of themselves will NOT meet the threshold.

The defense of many crimes lies in looking at degrees and subtlety. Proof is not usually a clear case of black or white in many situations. Looking at the law, the facts, and these shades can mean the difference between GUILT and INNOCENCE.

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

http://www.ithacadwi.com

607-229-5184
newman.lawrence@gmail.com

Ithaca Cortland Lawyer: The Cost of Being Right: The Legal versus the Practical

 I love my wife, that's my mantra! from quickmeme.com

Being Right Can Be Sweet

Who doesn't love to be right? The sweetest words that my wife can say are not "I love You," they are "You are Right." That's sad, but oh so true. Afterall, in our 26 year relationship I am often wrong, yes, I know it is hard to believe but the husband often gets it wrong (or doesn't get it at all). Claims that I don't listen or have not listened clearly echo in my head constantly. What did you say?

The Law

So what does this have to do with law? Well, I recently did a blog post about the passage of a new New York Bill that allows (permits them) judges to give shorter sentences for probation. Did I mention passage? because that is the key here, this thing, this law has passed the legislature otherwise I would not have the excitement I have for it. Nice to know something is written but until it passes, let me just say "I'm from Brooklyn" so show me!

Here it is, let's call it THE PROBATION MODIFICATION BILL:

BILL NUMBER:S4664A

TITLE OF BILL:  An act to amend the penal law and the criminal procedure law, in relation to establishing terms of probation sentences and revocations thereof under certain circumstances; and to amend the criminal procedure law, in relation to pre-sentence investigations and written reports thereon in any city having a population of one million or more

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Penal Law ("PL") º 65.00(3)(a)(1) to provide the court with the discretion to impose a probation term of three, four or five years for a felony. This would only apply to felonies other than (1) Class A-II felonies defined in PL Article 220; (2) the Class P felony defined in PL º 220.48; (3) any other Class B felony defined in PL Article 220 committed by a second felony drug offender; or (4) any felony involving a sexual assault.

Section 2 of the bill would amend PL º 65.00(3)(b)(1) to provide the court with the discretion to impose a probation term of two or three years for a class A misdemeanor other than a sexual assault.

Section 3 of the bill would amend PL º 65.00(3)(d) to give the court the discretion to impose a probation term of two or three years for an unclassified misdemeanor, for which the authorized sentence of imprisonment is greater than three months.

I read about it through the New York State Defenders Association, Public Defenders Backup Center Report, May- July 2013. I love to keep up with changes to NYS law, especially favorable ones. btw It also helps me with my "being right" about more stuff.

I had shared this with a local attorney, and he was excited to share it with a local judge. The judge then called the DA (District Attorney) who told him it never passed. Now I believe that it is up to each, and every local attorney to keep up with their areas of law to best advocate for their clients. But knowing stuff (law) doesn't guarantee anything, it just gives you a leg up, nothing more.

Remember, Judges Believe What They Want To

Judges are people, and they have their own beliefs. The other fact is that 2/3 of all town and village judges in New York State are not lawyers. I have faced situations where ADAs (assistant district attorneys) in different counties have told judges "bubbe meises," my old Yiddish expression for grandmother's fairy tales ie. bullshit. They argued that there were exceptions to New York law for restitution in DWI cases, there aren't, and for YO (youthful offender) status in DWI cases, there aren't.

People don't always agree with you from theintersectionist.com

But the big take away, some judges listen, some judges read, and some judge don't care. I have filed motions on the law, and some judges have denied them. Even with the written statutes in their face, they flat out denied the law, and the legal and factual grounds for what I was requesting. Other judges followed the law to the letter. Sometimes trying to be RIGHT legally can be time consuming and costly. Is it worth chasing down $500 by spending $1,000's on legal appeals? Some law firms love to just keep appealing, hours and hours of time, and who pays? Hey you may win? It's like getting the bedroom set in a nasty divorce that cost you half your home equity. In my mind, often this proves to be both stupid and impractical.

 No Truer Words have been Spoken from wordofbalance.com

The Cost to Be Right

I have my share of innocent people, but what does it cost to prove true innocence?

Case in Point: I have a diabetic pulled over for truly erratic driving who refuses the breath test. I now must bring in a medical doctor to give expert testimony that his diabetes caused his failure on all the field side sobriety tests and the brain (mental) confusion of taking another breath test back at the station.

Unfortunately, You are "Guilty till Proven Innocent" in many situations like this. There is a NYS Jury Instruction called "The Presumption of a Consciousness of Guilt" which can be used by the prosecution because you refused the breath test. Meaning you are presumed to have not taken the test because of your feelings of guilt (guilty to be drunk driving).

We now need to explain the crazy driving, we now need to explain the imbalances, we now need to prove the cause of the confusion, and we now need to demonstrate the proof of our theory of the case. Being offered a guaranteed DWAI (driving while ability impaired) would be a win here in some people's minds. The chance or risk of going to trial are not for everyone. For others, going to trial at all costs (financial, emotional, and time) would be the only option.

And sometimes the battle costs more than the hopes or chances of winning the war. No guarantees that even if you bring in the experts to testify, even if you file the proper motions, even if you state the law, and even if you have all the right facts that you will succeed. And thats a lot of even ifs.

In marriage, and in law sometimes the cost of being right (much like the rent) is too damn high. Sometimes it is better to keep the peace (or remain unscarred) and be wrong.  

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

607-229-5184

newman.lawrence@gmail.com

http://www.ithacadwi.com

Ithaca Cortland Lawyer How to Humanize the Demonized

Are We Devil or Angel? Maybe we are both? 
from 123rf.com

The Problem: Is it ALL Just Black and White?

People love moral imperatives. Which are the: "this is good" and "this is bad." He is good and she is bad or she is good and he is bad. Placing these absolute labels on people, things, or events doesn't work well in the real world. In reality land (right next to reality world) things, people, and events have two sides. Blessing and curse usually come together. Our weaknesses are also our strengths and our mistakes (failures) so often turn out for the best.

Infantile minds or immature mindsets may disagree with me but I have been around long enough to see this play out. I can tell you don't be too quick to judge a thing or a person. Getting to know something or someone "fully" gives you the truth. Call it a holistic or a complete view but looking at the glass of water as half- full or half-empty is not the best approach. I don't want pessimistic or optimistic, I want realistic. The actual is the real. Labeling is not the truth. It is a perspective. A viewpoint. It is usually biased based upon your upbringing, culture, and family role models.

Are Defendants Demons?

So why are we here? Because prosecutors, judges, and sometimes even the probation department may seek to DEMONIZE (label) defendants as bad. They may forget that behind the criminal act or actions lies a person. This defendant is at their core a human being who for many reasons may have went off the track, had a lapse in judgement, and did something we would never do? OR would we?

I am being facetious now but you are starting to get my point. We are all people under the skin with hundreds of character traits. Noone is perfect, (well maybe my wife) we all make mistakes at one time or another.

How best to Defend a person? 

There are legal defenses, then there are factual defenses, and then there are equitable defenses. Why do so many people plea guilty to something (over 93%)? Because they are guilty of something. Is this a big surprise? Getting over this juror bias of guilt based upon being charged with a crime is a hurdle.

Sometimes all we (without legal and/or factual defenses) have are equitable defenses. If someone is on the second DWI or third drug/alcohol related offense, sometimes limiting their exposure to years of probation supervision or a long jail term or prison term is the big win. Sometimes getting them the help they need is the true home run.

I have used the following methods to help my clients in many Courts over past fifteen years. To the degree it is tailored and specific to the client will directly relate to it's effectiveness as a strategy, and a reality. My disclaimer: just because it has worked for me and some clients over the years is of course NO guarantee of future success but given my druthers I believe in my heart of hearts that it is a great tool in any attorney's toolbox.

The Solution to Demonization: HUMANIZE Clients Prior to SENTENCING

I believe the best way to sway and to persuade those making a decision on punishment or rehabilitation (post plea) is through STORY. Before a client is to be sentenced, the Judge needs to know this person's story.

STORY is best brought out using a SENTENCING MEMORANDUM

This is a chance for the lawyer/advocate to EXPLAIN and HUMANIZE their client:

The story has many chapters. The story has details. The story has human interaction. Everyone has a story and everyone enjoys a good story (if it is told well). The KEY here is told well. Boring people tell boring stories.

What is this person's story? Where did they start (come from)? What's their background?
What people have been a part of this person's life? What roles have they played (husband, father, son, brother, uncle, cousin, nephew)? How have they played these parts? What have these people meant in the client's life? What good things has the client done? What activities have they participated in? How have they helped their community, their family, and their friends over their lifetime? What led the client to this criminal act? What has the client done since their arrest? Have they worked on themselves? Have they gone to mental/drug/alcohol counseling/classes/workshops/therapy/treatment? Does the client have a plan and goals for their future? What do they see themselves doing in the immediate future?

STORY GOES to the HEART NOT the Head

Attorneys must do this for their clients to receive a balanced sentence. use of Client Story is the best way to influence. It is the oldest and most effective way to get to the heart of people. Therein lies the compassion we seek in those who job is to Judge us.

Justification and explanation will try to influence and persuade the head. This is a lost argument. Fair sentence don't come from logic and reasoning. They come from people being human. People are moved through emotion.

The sentencing memorandum brings a chance for humanization and compassion. Those who are accused deserve not only a second chance at redemption but also an opportunity to have their story heard for maybe the first time.

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

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 440 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com