Two police officers saw a car moving erratically. When they stopped the car, the lady driver refused to exit her car. A New York DWI Lawyer said the police officers heard the woman’s slurred speech and smelled alcohol on her breath and concluded that she was very intoxicated. The police…
New York Criminal Lawyer Blog
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…
Court Determines if Drug Charges will Effect Immigration Status for Defendant
On 22 November 2006, defendant stood accused, by felony complaint filed, of criminal possession of marijuana in the first degree, a class C felony (drug crime); on account of an incident that occurred on 21 November 2006. At his 22 November 2006 arraignment, the court conditionally released defendant, to the…
Sex Offender Bring Case to Court Over Being Denied Housing Assistance
A man was convicted of sex crimes, including rape, sodomy and sex abuse. He was sentenced to concurrent prison terms of six to eighteen years for the rape and sodomy convictions and two to six years for the sex abuse convictions. According to the State Division of Criminal Justice Services…
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…
Court Claims Jurisdiction in Domestic Violence Matter through IDV Courts
A man was charged with the offense of harassment in the second degree. Subsequently, the court issued an order of protection directing the man to stay away from the complainant and refrain from harassing, intimidating, threatening her, or committing any acts of domestic violence. After that, a misdemeanor charge of…
Court Rules on Robbery Case
In cases that involve more than one victim, juries, and sometimes judges can become confused and issue verdicts that are not in accordance with the law or with good common sense. A case that was adjudicated in the Supreme Court of Nassau County on September 3, 1975 is one such…
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…
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…
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…