A county sheriff established a roadblock with the purpose of screening drivers to identify persons driving under the influence of alcohol. At the aforementioned time and place, every car passing the roadblock location was stopped by the uniformed sheriff in order to make observations of the drivers to determine if…
Articles Posted in Criminal Procedure
Defendant as a Defense to Domestic Violence Charges
Three children were rescued by the ACS and the NYPD from their home. The two boys were aged 6 and 8 and the girl was aged 7. They were siblings. At the time that they were taken into custody, the children were all unbathed. Their hair was matted. The clothes…
Domestic Violence Defendant Contends use of Medical Records Inadmissable as Evidence
A woman had a boyfriend since she was 14 years old until she reached the age of 20. They broke up and went their separate ways living separate lives. Years later, the boyfriend and the woman met up again. The boyfriend did not have a place to live. So for…
Court Rules on Divorce Case Based on Domestic Violence
The parties were married in August 1973. The wife is presently 52 years of age and the husband is presently 56 years of age. On the date of their marriage, plaintiff was 22 years of age and a college graduate. Defendant was then 18 years of age and a high…
Convicted Felon Passes Bar and Wants to Practice in NY
What defines good moral character? How long after a youthful infraction, has good moral character been restored? Is it ever possible to know? What types of jobs are appropriate for someone who committed a felony, served their prison sentence, and completed college? How long does the smear of a felony…
Defendant Brings Motion to Supress Physical Evidence in Drug Possession Case
A man appealed from the order of the Supreme Court, which after a hearing granted the man’s set of motion to suppress physical evidence. A New York Drug Crime Lawyer said the relevant facts brought forward at the suppression proceedings claims that the housing police officer saw a man and…
Court Prohibits Sex Offender From Seeing Wife as a Condition of Release
In 1999, petitioner was arrested for rape in the first degree and thereafter convicted, upon his plea of guilty, of sexual abuse in the first degree. The victim, who was his girlfriend at the time and is a petitioner in this proceeding, later married petitioner while he was serving a…
Court Decides if Defendant is Guilty of Criminal Mischief
The accused defendant is charged with assaulting his former girlfriend in the presence of their three children. The trial testimony established that during the assault, the victim attempted to call 911 for police assistance (using a land-line telephone) and she made a very brief initial contact, but was then immediately…
Defendant Charged with Marijuana Possession
Recently, a good deal of attention has been given to the legalization or decriminalization of marijuana. Some states have legalized medicinal marijuana use. Some states have decriminalized the private use or possession of less than one ounce. In New York City, it is still illegal to use, possess, or purchase…
Court Rules on Divorce Admist Domestic Violence Allegations
Plaintiff (husband) and defendant (wife) were married on 17 July 1997. The parties have two (2) infant children. The above entitled divorce action was filed by plaintiff on 30 June 2005. Both plaintiff and defendant blame each other for their failed marriage. Both plaintiff and defendant each allege that the…