At defendant’s state court drug trial, the prosecution introduced certificates of state laboratory analysts stating that the cocaine seized by police and connected to him was of a certain quantity. As required by Massachusetts law, the certificates were sworn to before a notary public and submitted as prima facie evidence of what they asserted. Defendant […]
Category Archives: Criminal Arrests
New York State criminal records of arrests not leading to conviction may be sealed (including expunged, erased, or purged). The individual can deny the existence of the arrest, unless he or she is applying for a law enforcement job. Criminal conviction records can be sealed (including expunged, erased, or purged).In 2009, a law was passed […]
Rochester Criminal defendants benefit from plea bargaining by eliminating the uncertainty of a criminal trial and avoiding the maximum sentence. The prosecution also benefits by not having to prove their case and allowing them to handle more cases. The U.S. Supreme Court in Santobello v. New York noted that the disposition of charges after plea […]
The U.S. Supreme Court in Montejo v. Louisiana on 5/26/09 overruled a 23-year-old decision that bars police from questioning suspects without the presence of an appointed lawyer. The court overturned Michigan v. Jackson (1986) which held that once a suspect has asserted a right to counsel, any waiver of that right during police questioning is […]
These are the types of suppression hearings requested by the New York criminal defense attorneys: Mapp hearing: whether the police legally seized property from you. Huntley hearing: whether the police acted legally when and if you made a statement to them and whether the statement was voluntarily made. Wade hearing: whether the police used fair […]
Rochester, New York grand jury proceedings are secret and are not open to the public. The grand jury consists of sixteen to twenty-three people who listen to the evidence and determine whether there is enough evidence to put a criminal defendant on trial for a felony. If they decide that there is enough evidence, they […]
A hearing was held in the Dutchess County, New York Justice Court to determine whether probable cause existed to stop the defendant and arrest him for driving while intoxicated. A trooper testified that he observed the defendant at 3:20 am crossing the fog line (solid white line along the right edge of the road) three […]
If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment and revoked for at least one year (18 months for a commercial driver) at a Department of Motor Vehicles hearing. If you are age 21 or over and you have a second refusal within five years of […]