Category Archives: Criminal Arrests

Supreme Court Dismisses Drug Case

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 […]

When Can Your New York Criminal Records Be Sealed?

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 […]

Plea Bargaining And Sentencing In Rochester Criminal Courts

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 […]

Police May Question Criminal Suspect After Lawyer Is Appointed

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 […]

New York Criminal Suppression Motions

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 […]

What Does A Rochester New York Grand Jury Do?

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 […]

New York DWI Dismissed For No Probable Cause

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 […]

Consequences Of Refusing The New York DWI Chemical Test

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 […]