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Articles Posted in Criminal Procedure

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Court Determines if Evidence Submitted by Defendant is Inadmissable

A husband moved an action against his wife’s lawsuit to take a statement to be offered in court on his behalf by issuance of a request letter. The wife opposes the application of motion. It started when a wife alleges that she was a victim of domestic violence committed by…

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Defendant Contends Evidence from Previous Trial Should Not be Admitted

Defendant was charged of the felony of possessing a quantity of a narcotic drug, heroin, or heroin possession, with intent to sell; a drug crime. A New York Criminal Lawyer defendant had pleaded guilty to an attempt to commit the crime charged (criminal law) and, with the court’s consent, had…

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Man with History of Domestic Violence Applies for Gun Permit

A man applied to the license division of the police department for a premises pistol permit. As required by the application, the man answered numerous questions pertaining to his qualification. The questions include as to whether he had ever been arrested and was an order of protection ever issued against…

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Court Says Evidence is Protected by Common Law Victim-Counselor Privledge

A woman charged a man with criminal action of various felonies arising from alleged domestic violence. A non-profit corporation has moved to quash a subpoena issued by the District Attorney to provide the address and telephone number of the complainant of the criminal action. The non-profit corporation asserts that in…

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Defendant Argues that Search of Vehicle was Illegal

Whenever evidence of a crime is discovered by police during an inventory search of a person’s vehicle, it is subject to scrutiny. Inventory searches are administrative searches. That means that the police department or agency maintains documents in their standard operating procedures manual that indicates that an inventory of an…

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Defendant Alleges Inadequate Miranda Warning for DWI Arrest

There are many issues involved in any driving under the influence case that goes to court. Among them is the importance of delivering the refusal warnings correctly. If the refusal warnings are not given correctly, the evidence of the refusal cannot be used in court. This can create a situation…

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Defendant Claims Forum Shopping in Domestic Violence Case

A man and a woman, never been married, have a 12 year old child. There have been 6 petitions previously filed between the parents, all in Rensselaer County Family Court (in 2003, 2004, 2006, 2010 and 2 in 2011). Two were withdrawn, three were settled and one is pending. The…

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Domestic Violence Leads to Murder Case for Defendant

A couple married in 1982. The husband was a surgical resident while the woman stayed home. Their marriage was marked by frequent fights and quarrels. Both of them argued and threatened each other. A New York Sex Crimes Lawyer said that one year after they were married, the wife called…

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Domestivc Violence Costs Correction Officer her Job

A woman filed a petition to terminate the decision of the commissioner of the department of correction. The decision is to terminate her employment as a probationary correction officer and directing that she be reinstated with back-pay and benefits. After the trial on the issue, the court finds that the…

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