Do New York Police Have Car Cams or Body Cams?

Body and car cams (cameras) are being used by law enforcement across the country, and yet the progressive state of New York has few to none. Video can be a mixed bag. Watch this to see when and where New York police use video in the processing of an arrest for DWI.

Vans and Motorhomes Can Get Constitutional Protection Like a Home

Motorhome gets constitutional protection of 4th amendment's right to privacy

https://www.law.com/newyorklawjournal/almID/1537432804NY63502017/

In People v. Pallis, motorhome gets 4th amendment privacy rights.

A recent September 2018 New York State case of People v. Pallis affords privacy rights in a motorhome.

Motorhomes may be more like residences than automobiles where they provide increase privacy and residential necessities (see e.g. United States v. Williams, 630 F2d 1322, 1326 [9th Cir 1980]).

Vans, motorhomes, and campers maybe considered homes for 4th amendment privacy issues. NYS finds a motorhome in Brooklyn was more like a home and didn't permit the warrantless search by police.

The court will have to weigh the factors for or against: stationary vs. mobile

Including: hookups, intent, location, type of van, timing, and use

New York Conditional Discharges The Three Myths

New York conditional discharges are the most common sentencing disposition so why are they so confusing. This video destroys the three main myths about CDs in New York.



The three most common myths about Conditional Discharges:

1. Conditional discharges do not dismiss any of your criminal or non-criminal charges.

The court outlines a set of conditions or obligations which must be performed. These will usually have dates assigned for completion. The judge may require proof that you went to classes, did community service, paid fines, got a drug/alcohol evaluation, went to therapy/treatment, or other condition.



The discharge is a release from your obligations with the court.

2. Conditional discharges do not seal any of the charges.

The public will be able to assess your records. They will show up on background checks. The only way to seal any criminal charges is by filing a sealing motion (after 10 years).

3. Conditional discharges are not forever.

The CD has a specific period of time, usually one to two years from the date of sentencing. This is a general stay out of trouble or do not get re-arrested for anything.



Conditional discharges can be attached to violation level and criminal level offenses.

Public Defense 18B Lawyers Not Always the Best Defense

There is a New York Times article on a public defender (appointed) lawyer in Texas. The judge is accusing the attorney of spending too much time with the client, billing the state too much money, and spending resources on a vigorous defense.

https://nyti.ms/2uvcwQK

Do New York judges routinely cut public defenders bills?

What is the state of affairs with New York 18 B lawyers?

Does the state have to provide the best defense or merely a reasonable one?

How to Use Opinion Letters for DWI Defense

We are living in one of the greatest times in history. Yet with all the online information there is still a glut of mis-information and straight out lies about DWI defense. Recently I received an email which stated the following:

Easily Reduce or Drop DUI Charges

The email further goes on to state that the mechanism (or process) by which to get your charges (even felony level) easily dropped or reduced comes down a just one single legal opinion letter concerning travel to Canada.

Can opinion letters be used to defend New York DWI charges?  

In New York State just how "easy" is it to reduce or drop misdemeanor DWI charges with opinion letters?

Facing the charge of a New York DWI felony, is that charge "easily" reducible or droppable using a legal opinion or other opinion letter?

How can opinion letters be used best to defend New York DWI charges?

Ithaca DWI Lawyer: The Power of Circumstantial Evidence

Often there is NO direct evidence of guilt

The jury acquittal in a recent murder trial out of California (People v. Jose Garcia Zarate) shocked the nation. But delving into the facts of the case and what the defense was within the evidence revealed a bigger truth. When a prosecutor uses circumstantial evidence to prove guilt any and all reasonable explanations of innocence weigh in favor of the accused.


California's circumstantial evidence law favors the innocent, does New York law follow?

Does New York circumstantial evidence law clearly help those on trial? 

Ithaca DWI Lawyer: How Judges Instruct the Law to Jurors is Crucial Part I

From themooreconsortium

Have you ever told somebody something and they just don't get it. You tell the same thing again and again, nada, zilch, and then you change a few words and then you speak more slowly. After awhile, a smile, then a knowing understanding emerges on their face. Well anyone in a long term relationship or who's married understands this point.

Communication is far more than the words you speak. 

Communication is facial expression, communication is cadence, It is said that 90% of communication is NOT even verbal.

Can how the judge instructs the jury effect a jury's verdict?

Can the judge instruct the jury as to confuse them about what the law is?

Ithaca DWI Lawyer: What is Ex Parte Mean?

You will sometimes have judges stop defense attorneys from speaking to them because there is NO district attorney present (prosecutor). Beyond discussing the weather or how the hunting is this year case discussions of any type must be delayed till both sides are present.

Why would a judge stop a defense attorney from discussing a criminal case if no DA is present?

Why would a judge not be able to hear just from the district attorney if no defense attorney was present?

Ithaca DWI Lawyer: Why Can't Judges Use Marijuana?

from pinterest

The number of states with either decriminalized or legalized weed is increasing at a rapid pace. BUT many of these same states with both recreational and medical marijuana have told their judges, hey do not use any marijuana because it is still illegal under federal law.

Should judges be treated like people when it comes to marijuana?

Should lawyers, as officers of the court avoid pot as well?

Should lawyers and judges be subject to professional discipline for using marijuana in even marijuana legal states?

Ithaca DWI Lawyer: 420 is More Than a Day, It's a Movement!

It's always 420 in Ithaca, NY
from the weedblog

My son reminded me that today is 420, as in April 20 and I should be mindful. It's 2017, and to me this 420 means our country is just coming to terms with the usefulness of marijuana.

Can THC bring people a better life? 


Will the increasing use and acceptance of THC (marijuana) come with difficult challenges?

Ithaca DWI Lawyer: Understanding the Full Stay Away Order

It doesn't always play out this way but it can.
from realworldsurvivor.com

You know I didn't always just focus on DWI defense. Some of us that practice criminal defense have been exposed to a variety of cases. I was a public defender and handled the gamut of criminal and family matters. It helps to have a broader understanding and scope when you have more varied experiences to draw from. I love defending people period. They get into trouble, have a problem and need help, it's that simple. Although truly understanding just how everything works, when it comes to New York law and rules can prove complicated.

So what does it mean if the Judge in a New York domestic violence or fight situation issues a FULL STAY AWAY Order? In simple terms, can't I just text a message, or ask a friend or a relative to call them?

Ithaca Lawyer Asks Why Roundup is NOT Sold or Used in New York State?

I am an observer. I watch people around me, and try to figure things out. Based on their behavior, Who are they, what are their motivations and beliefs? I like to ask questions, sometimes I just ask them in my head, interrogating those around me is not always a friendly thing to do.

Maybe I'm just noisy? Maybe I'm an amateur psychologist or a little psycho? So I'm watching TV and tons of commercials (or is it just me), and the Roundup ad for weed killer is fantastic, it's almost like magic. Who doesn't love a perfectly green lawn? Then the end credits roll, and the NOT TO BE SOLD OR USED IN NEW YORK STATE. It bothers me. And it infuriates me that I can't have access to something so wonderful, why New York? WHY?

Beauty like this comes at a price?
from aerate-lawn.com

As I live and practice in the great Empire State I am often reminded of how many seeming innocuous things I cannot do here. New York is special, aside from high taxes and great benefits for those masses in need we have a plentitude of laws. As liberal as we think we are, are we really?

Get it sheep/sleep?
from pinterest.com

New York State is Our Protector

Apparently New York is a watchdog maybe even a guard dog for us New Yorkers. Protecting us Sheepeople from liars and companies that stretch the truth. Well apparently Monsanto, one of the behemoths of the world (numero uno in fertilizer) was sued by the New York Attorney General in 1996 for false advertising of it's popular product Roundup weed killer.

They (Monsanto) described Roundup as "environmentally friendly" and "safe as table salt." It ain't but honestly who cares, it kills weeds and your lawn will look amazing if you use it. Yeah maybe your unborn fetus may come out looking odd or your neighbor may get cancer but hey beauty costs, right?
Just kidding, but 49 states and the rest of the world (most of it) love and use Roundup. Can't I make my own decisions?

How many things does NYS guard against? 

1. In 41 states you can use your cell phone while driving but Not New York State
2. In 21 states (with 12 more pending) we have legal (prescription/medical) marijuana but Not New York State
3. In New York State you cannot order a Saliva hormone or other medical test without a New York doctor's order
4. In New York State you cannot purchase wine (higher alcohol content) in a convenience store or supermarket
5. In New York you can't order wine abroad (even from New Jersey) and have it delivered to New York
6. In New York we have the strictest of gun laws. You cannot own or possess a gun unless you are a NYS resident with a permit even if you are passing through the state.

And the list goes on and on, but does it make life for us better, I guess yes and no. Nice to know someone cares, and yet in my opinion too much protection restricts our freedom as a people.

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

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