Ithaca City Court: New Policy on Community Service Hours and ACDs

I'm not a big fan of community service hours
Working for free not really inspired me or my clients.

New judges and new Ithaca City Court policy are reining the day lately. We now have a full time DWI judge, the Honorable Scott A. Miller and another new judge, the Honorable Seth Peacock taking up the slack. It is a busy court and I'm all ears when I hear the judges announcing new procedures or policy that could affect me or my client's legal matters.

Community Service Hours Must be Done Before ACDs are GRANTED

I was in court on Friday with three criminal cases in total: two DWIs (one for final sentencing and one for arraignment), and a Petit Larceny case. I had negotiated on behalf of my P.L. client for an ACD with some community service. BTW a great disposition. At which point the judge stopped me and stated the new Ithaca City Court policy.

The ACD (adjournment in contemplation of dismissal) of 6 months will not begin to run (the time period) UNTIL the community service hours were completed by my client. ACDs are great because the charge, in this case a criminal misdemeanor would be completely DISMISSED. So No criminal record, No criminal history, Nada, Zip, Nothing.

This is under NYS section 170.55

§ 170.55 Adjournment in contemplation of dismissal. 1. Upon or after arraignment in a local criminal court upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, and before entry of a plea of guilty thereto or commencement of a trial thereof, the court may, upon motion of the people or the defendant and with the consent of the other party, or upon the court's own motion with the consent of both the people and the defendant, order that the action be "adjourned in contemplation of dismissal," as prescribed in subdivision two. 2. An adjournment in contemplation of dismissal is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice. Upon issuing such an order, the court must release the defendant on his own recognizance. 

Even the arrest in these cases is considered a NULLITY under the law. Null and void.

NEW POLICY: Pay Before Not After

But with the new City Court policy, this was going to mean that whatever time it took to complete this obligation would then be added to the six months. This would hang over their head UNTIL the time line completely ran. My argument, my client had a summer internship far, far away and it would not be fair that this would now have to be an additional obligation. BTW I had shown proof of repayment to the store (this is called RESTITUTION).

The judge waived the Community Service, the ACD of six months began immediately.

My disclaimer: I am not this successful on all my cases, no attorney is successful on all their cases. We do our best with the cards we are dealt or as in criminal defense cases the facts as they are. Remember Every Case must be analyzed, evaluated, and weighed on a case by case basis.

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

Things Not to Bring to Ithaca City Court

Every day can be sort of an adventure in the world of DWI defense. I get surprises, and not like Happy Birthday here's your cake. I was recently in Ithaca City Court for an arraignment on a DWI case.  The bailiff motioned me to come out of the Court room to discuss something privately. To my surprise they found a gravity knife in the bottom of my client's handbag. They were trying to decide what to do about it. They knew she was represented by me so they could not speak with her without me.

looks innocent enough until,,,

the blade is sprung open

So in other states this may be legal BUT in New York State

Penal Law §265.00[5] defines a gravity knife as “any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, lever, spring or other device.” 

The police were called up to the courtroom, and we all had a pow wow of sorts. The cop decided to not bring charges against her, she was so cute to offer him the knife, "hey you can have it." Of course he is going to confiscate it, it's illegal. Anyway, top three things not to bring to Court:

1. Weapons of any kind. From your mace to your brass knuckles or a roll of quarters in a sock.

2. Illegal Drugs or pipes. From your pot to your mini hash pipe.

3. Hot beverages. No soup for you! You can not bring hot coffee, hot soup, or hot tea to court. It is considered a potential instrument of danger.

Simple things I know but I have had clients over the years do all of the above. Keep your toys and drugs at home, and come to court clean, nicely dressed (no shorts please), and without anything liable to get us (me and you) in trouble. 

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

Lady Flummoxed with an Equipment Violation in Ithaca Town Court: Proof is the Thing

I am a lover of language
from skreened.com

I don't know why exactly but people love to approach me. I guess I have an attractive energy that beckons them. So I just came back from Ithaca Town Court (Tioga and Buffalo Street).

Everyone waits around for the Court to begin or something to happen. For those not familiar with the process it goes something like this:

1. Sign in sheet placed out in public view.

This may just be for attorneys (City Court) but in most other courts (town and village) this is for everyone to sign in for the Court session, and write in an attorney's name, if you have one. It is also usually first come first served.

There is a Court Pecking Order

So after jail cases are dealt with (they go on first), I guess they want to get them in and get them out (maybe because they need to be guarded which cost time and money or maybe because they could be odorous from being kept overnight).

Then come private attorneys and public attorneys, then come regular un-represented people. 

2. The Court is then "opened" for business, and people take their seats.

3.  Clerk says "all rise,"Judge appears, gives a short speech on the pecking order, and if they are there for traffic offenses what their potential options are.

So back to the lady that approached me outside.

Question: Do you know how this process works?
Answer: Yes
Question: So What do I do?
Answer: What are you here for? She could be there for a criminal charge, a misdemeanor or a non-criminal charge, a violation level offense like a speeding ticket.
Question: Well I have an equipment violation for a broken tail light, and I got it fixed.

I ask, do you have proof that you fixed it? The judge can dismiss it if it has been fixed. We call this a "fix-it" ticket.

He gets it!
from dgatmag.com

And He gets it too!
from bus bones.com

KEY TAKEAWAY: If you get one thing from this blog post let it be this, PROOF, PROOF, and PROOF

Courts want PROOF, Prosecutors want PROOF, after all is said and done what can you PROVE?

I see people asking for leniency, asking for dismissals, asking for money in civil cases, asking for something but they neglect to bring PROOF. The asker, the mover, carries (brings) the BURDEN of PROOF.

Answer: Well I was hoping they could come outside to my car so I could show them that I fixed it.

Wait, you want the Judge or the prosecutor to come out to your car with you to show them you fixed the light? Why didn't you bring a picture of it fixed? Why didn't you bring a receipt for the part? Why didn't you bring a mechanic service order? Something?

She looked at me, as I love to say "Flummoxed"  as in perplexed by my query. Now this is something relatively easy and simple. Yet this woman was lost. I ordered the part from ebay, and it didn't come with a packing receipt.

So I was thinking you couldn't print the ordering of the part, or the confirmation of the ordering of the part, or the confirmation of the shipping of the part? How many emails do you get when ordering anything online, a gazillion!! With a capital G.

Imagine if you will someone proceeding to handle their own criminal matter or even a serious traffic offense. Forget the process for a second, focus on the overall whole, making decisions, exploring options, and then wondering after it's over about the outcome. Scary to even think about.

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

How to Avoid Problems with the Government, the Courts, and the NYS DMV

Inefficiency and Incompetence
Go Hand in Hand
from dailypundit.com

I love the government, and especially agencies of the government, like the DMV. Dealing with them can be an effort in futility.

Here is my short HOW TO list for avoiding problems and/or keeping frustration levels low.

1. Read, read, and read again before signing. It is important when signing forms and agreeing to anything in writing, whether at the DMV or in Court, to check the dates, the amounts, the charges, and every other box on the document. I can't tell you the number of mistakes I see made all the time. Errors on documents can follow you and create a domino effect on a great many other things. I have had clerks put down the wrong charges on the final paperwork, and then the Albany DMV got the wrong charges (why are they always higher?), and then my client has the wrong charges on his DMV record for TEN years. (yes, DWI, ADWI, DWAI are all on your NY DMV record for 10 years). I have had Judges put down the wrong month on suspensions of driving privileges, and even the wrong year. Check, check, and check again, do not assume the numbers/dates are right. Hopefully, the attorney you are paying is reading and checking as well.

2. Keep perspective. I guess if we all lived out in the woods (far away from one another) we wouldn't need police, fire, roads, garbage pick up, and a government. Unfortunately or fortunately to run, stabilize, and organize the chaos of millions of people with varying needs we need organized laws, rules, and enforcement procedures. It is not good or bad, as I have to remember, "it is what it is." Complaining is not a defense. Unfair and unjust are conclusions not reasons. The facts must be evaluated, analyzed, and detailed to yield the big why? That is where a true defense comes from.

3. Learn what has to be done (mandatory) versus what is optional. You must report an accident with damages (police reported) to your insurance company. If you bump a car in the parking lot, and there is no damage or you and the owner agree to fix a small scratch, different story. You do not have to report your DWI or any other arrest or conviction to your insurance company if you already have coverage. If you are obtaining new coverage or changing coverage, you have a duty (an obligation) to reveal and not cover up your history.

4. You can get away with stuff but I do not advise it. People love to tell me what their friends and family get away with. You do not "have to" register your boat, or your moped, or pay your taxes, or a litany of many things. If you are caught you will usually face harsher punishments. So in the long run it pays to do the right thing.

5. Be nice to clerks. Those people working in the Courts or the DMV or any other governmental agency need to be treated with respect and consideration. A smile and a kind word go a long way to making your life much easier. They (the clerks) have the power and the knowledge to make almost any process go smoothly. Just the other day I was in a small town Court for the first time. A few weeks before my appearance, I called the clerk, and engaged in alittle chit-chat. When I arrived, she introduced me to the Judge, took me first, and gave me a heads up on how they do things in that Court. Suffice it to say, my morning went easy, my client was all smiles, and the hearing went well.

Well my psychology and philosophy for Dealing with Big Brother is part common sense, part common decency, and the rest, the knowledge that comes from hard experience.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

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 550 blog posts, dozens of articles, and over 520 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