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.

Judge With Cocaine Problem Wrongly Uses Opinion Letters and is Disbarred

Suspension vs Disbarment?
from USherald.com

I have previously blogged and videoed about using Opinion Letters in legal defense. A recent case of a disbarred Pennsylvania attorney gives further proof of the true value of properly utilized opinion letters. This attorney provided the wrong type of letters.

How to use an opinion letter is important but what type of letter to use in each specific case is crucial. The difference in this case was between a period of suspension from practice, and a disbarment. In other words a temporary professional license loss versus a lifetime license loss.

What did this attorney do to have to face a disciplinary hearing?
What letters did he and his attorney provide?
Why were those letters ineffective at saving his license to practice law?

Ithaca DWI Lawyer: Why Does a Judge Sentence Harshly?

Harsh sentences are given for many reasons.

A recent federal medicare fraud case out of Texas has a lot of lawyers wondering. Why would a judge sentence a woman with two young kids (age 7) with stage 4 metastatic cancer to 75 years of incarceration? Well I've read through this case and have my own take on how this happened.

In our criminal defense practice I always keep two things in mind:


Why does a judge sentence harshly?

Why would a judge show leniency?

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?