Wednesday, July 3, 2013
Friday, June 21, 2013
Buffalo City Court
Posted 02:54 AM April 03, 2013
n
our series highlighting local criminal courts, we focus on Buffalo City
Court . The Buffalo City Court has jurisdiction over both civil and
criminal cases originating within Buffalo City. In the category of
criminal law, the Buffalo City Court part hears misdemeanors and
pre-indictment felonies, including drug possession, unlawful possession
of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases.
Buffalo City Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
The Buffalo City Court is located at 50 Delaware Avenue, Buffalo, NY 14202.
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Vehicular Assault under New York Penal Law 120.03 and 120.04
Vehicular assault charges
can be added to felony or misdemeanor DWI complaints where there has
been an injury to someone other than the driver of the vehicle as a
result of an alcohol- or drug-related accident. For example, in People
v. Mojica, 62 A.D.3d 100, the defendant allegedly “drove a pickup
truck through a red traffic light and struck a marked patrol car driven
by a city police officer, Richard Poluzzi. Officer Poluzzi, who was
removed from the scene by ambulance and transported to St. Francis
Hospital, suffered head injuries and spent one month in an in-patient
rehabilitation facility before returning to work six months after the
accident, in January 2007.”
The elements of the basic charge, PL 120.03, are as follows:
§ 120.03 Vehicular assault in the second degree.
A person is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to another person, and either:
(1) operates a motor vehicle in violation of subdivision two, three,four or four-a of section eleven hundred ninety-two of the vehicle andtraffic law or operates a vessel or public vessel in violation of
paragraph (b), (c), (d) or (e) of subdivision two of section
forty-nine-a of the navigation law, and as a result of such intoxication
or impairment by the use of a drug, or by the combined influence of
drugs or of alcohol and any drug or drugs, operates such motor vehicle,
vessel or public vessel in a manner that causes such serious physical
injury to such other person, or
(2) operates a motor vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,
radioactive materials or explosives in violation of subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law, and
such flammable gas, radioactive materials or explosives is the cause of
such serious physical injury, and as a result of such impairment by the
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to such other person, or
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in
paragraph (a) of subdivision one of section twenty-two hundred
eighty-one of the vehicle and traffic law and in violation of
subdivision two, three, four, or four-a of section eleven hundred
ninety-two of the vehicle and traffic law, and as a result of such
intoxication or impairment by the use of a drug, or by the combined
influence of drugs or of alcohol and any drug or drugs, operates such
snowmobile or all terrain vehicle in a manner that causes such serious
physical injury to such other person.
If it is established that the person operating such motor vehicle,
vessel, public vessel, snowmobile or all terrain vehicle caused such
serious physical injury while unlawfully intoxicated or impaired by the
use of alcohol or a drug, then there shall be a rebuttable presumption
that, as a result of such intoxication or impairment by the use of
alcohol or a drug, or by the combined influence of drugs or of alcohol
and any drug or drugs, such person operated the motor vehicle, vessel,
public vessel, snowmobile or all terrain vehicle in a manner that caused
such serious physical injury, as required by this section.
Vehicular assault in the second degree is a class E felony.
The enhanced class D felony of Vehicular Assault in the First Degree requires first the commission of second-degree vehicular assault, but also requires the presence of at least one of 6 different “bump-up” circumstances, including (i) committing the crime after “blowing” a .18 or higher (Penal Law 120.04(1)); (ii) committing the crime with knowledge that your driver’s license is suspended (Penal Law 120.04(2)); (iii) committing the offense with a prior DWI on your record (Penal Law 120.04(3)); (iv) causing “serious physical injury” to another person (Penal Law 120.04(4)); (v) committing the offense with a prior homicide on your record (Penal Law 120.04(5)); or (vi) committing the offense with a child 15 years of age or younger as a passenger (Penal Law 120.04(6)).
One of the best strategies for defeating the charge at trial would seemingly be to challenge the DWI element. Other strategies would probably entail challenging whether the injury was severe enough to constitute physical injury under the Penal Law definition.
If you or a loved one has been arrested for DWI or Vehicular Assault, your best bet will always be to consult with an experienced DWI lawyer before proceeding.
http://www.merchantcircle
The elements of the basic charge, PL 120.03, are as follows:
§ 120.03 Vehicular assault in the second degree.
A person is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to another person, and either:
(1) operates a motor vehicle in violation of subdivision two, three,four or four-a of section eleven hundred ninety-two of the vehicle andtraffic law or operates a vessel or public vessel in violation of
paragraph (b), (c), (d) or (e) of subdivision two of section
forty-nine-a of the navigation law, and as a result of such intoxication
or impairment by the use of a drug, or by the combined influence of
drugs or of alcohol and any drug or drugs, operates such motor vehicle,
vessel or public vessel in a manner that causes such serious physical
injury to such other person, or
(2) operates a motor vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,
radioactive materials or explosives in violation of subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law, and
such flammable gas, radioactive materials or explosives is the cause of
such serious physical injury, and as a result of such impairment by the
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to such other person, or
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in
paragraph (a) of subdivision one of section twenty-two hundred
eighty-one of the vehicle and traffic law and in violation of
subdivision two, three, four, or four-a of section eleven hundred
ninety-two of the vehicle and traffic law, and as a result of such
intoxication or impairment by the use of a drug, or by the combined
influence of drugs or of alcohol and any drug or drugs, operates such
snowmobile or all terrain vehicle in a manner that causes such serious
physical injury to such other person.
If it is established that the person operating such motor vehicle,
vessel, public vessel, snowmobile or all terrain vehicle caused such
serious physical injury while unlawfully intoxicated or impaired by the
use of alcohol or a drug, then there shall be a rebuttable presumption
that, as a result of such intoxication or impairment by the use of
alcohol or a drug, or by the combined influence of drugs or of alcohol
and any drug or drugs, such person operated the motor vehicle, vessel,
public vessel, snowmobile or all terrain vehicle in a manner that caused
such serious physical injury, as required by this section.
Vehicular assault in the second degree is a class E felony.
The enhanced class D felony of Vehicular Assault in the First Degree requires first the commission of second-degree vehicular assault, but also requires the presence of at least one of 6 different “bump-up” circumstances, including (i) committing the crime after “blowing” a .18 or higher (Penal Law 120.04(1)); (ii) committing the crime with knowledge that your driver’s license is suspended (Penal Law 120.04(2)); (iii) committing the offense with a prior DWI on your record (Penal Law 120.04(3)); (iv) causing “serious physical injury” to another person (Penal Law 120.04(4)); (v) committing the offense with a prior homicide on your record (Penal Law 120.04(5)); or (vi) committing the offense with a child 15 years of age or younger as a passenger (Penal Law 120.04(6)).
One of the best strategies for defeating the charge at trial would seemingly be to challenge the DWI element. Other strategies would probably entail challenging whether the injury was severe enough to constitute physical injury under the Penal Law definition.
If you or a loved one has been arrested for DWI or Vehicular Assault, your best bet will always be to consult with an experienced DWI lawyer before proceeding.
http://www.merchantcircle
Charged with Domestic Violence: Do I Need a Buffalo Area Attorney?
Posted 04:13 AM April 22, 2013
In Erie County NY , domestic violence is
a serious crime. No matter how small the injuries to either party
might be, an arrest, charge, or conviction for domestic violence can
have far reaching consequences for anyone accused of the crime in the
Buffalo area. A person can be convicted of domestic violence not just
against a spouse, but against anyone with whom the person lives with
or has a child. The individuals involved do not have to be of the
opposite gender or even related, nor do the pair have to be
romantically involved. In fact, even a college student living with
roommates can be arrested for and convicted of domestic violence if he
or she is ever violent toward those roommates.
The Facts Make a Difference
The law is something that is very situation specific. The circumstances surrounding each accusation will also be taken into consideration and weighed by the court in determining guilt . Despite the fact that defendants are welcome to go pro se in court, anyone facing the serious charge of domestic violence is highly encouraged to let an experienced attorney handle all aspects of the defense. Attorneys are experienced and trained at presenting legally good arguments to the court that laymen may not realize they can argue in their defense.
For example, what if the defendant acts in self-defense? Or walks in on a shocking scene that would shock most reasonable people? Or acts under a mistaken belief of facts? All of these questions and more represent the many nuances of criminal law that can weigh factor on the outcome of a charge for domestic violence.
Another plus of partnering with an attorney to defend against charges of domestic violence is that the attorney will be able to explain any of the questions that a defendant might have about the criminal process, chances of success, and the charges involved in non-legal, simple to understand terms.
If you have been charged with DV call J John Sebastian for a free consultation today.
The Facts Make a Difference
The law is something that is very situation specific. The circumstances surrounding each accusation will also be taken into consideration and weighed by the court in determining guilt . Despite the fact that defendants are welcome to go pro se in court, anyone facing the serious charge of domestic violence is highly encouraged to let an experienced attorney handle all aspects of the defense. Attorneys are experienced and trained at presenting legally good arguments to the court that laymen may not realize they can argue in their defense.
For example, what if the defendant acts in self-defense? Or walks in on a shocking scene that would shock most reasonable people? Or acts under a mistaken belief of facts? All of these questions and more represent the many nuances of criminal law that can weigh factor on the outcome of a charge for domestic violence.
Another plus of partnering with an attorney to defend against charges of domestic violence is that the attorney will be able to explain any of the questions that a defendant might have about the criminal process, chances of success, and the charges involved in non-legal, simple to understand terms.
If you have been charged with DV call J John Sebastian for a free consultation today.
Whiplash Neck Accident Claim
Posted 12:31 PM April 24, 2013
Whiplash is a very common injury caused by a car accident, trucking accident, or any vehicle crash.. When the head and neck are jolted violently to the front and back, the result can be a case of severe whiplash.
The ligaments, tendons, and discs in the neck become strained, causing pain shooting through your shoulders and down your arms. These shooting, or "radicular" pains can be evidence of a serious disc injury in your cervical spine. It is important to seeek medical attention immediately if you suspect you have whiplash from an accident.
Insurance claims adjusters usually do not take whiplash injuries seriously, at least not until an experienced neck injury attorney files a claim on your behalf. Adjusters just seem to feel that whiplash is a minor injury that will always resolve itself with time.
That just isn't reality. You can suffer a bad whiplash injury in a very low-speed car accident. Doctors agree that even in low-speed, minor impact collisions, whiplash results. Pain can become so intense that it causes numbness and tingling in your arms and hands(radiculopothy and parastesia). This sensation is particularly disturbing for almost anyone.
Whiplash must be properly diagnoses by xrays and MRI at the hospital. These imaging studies will identify the extent of the damage done to your spine and neck area. It will also give your orthopedist or neurologist and idea on the next course of treatment.
Conservative treatment for whiplash includes pain medications, physical therapy, and localized epidural steroid shots. If these treatments do not fix the problem, your doctor may recommend a neck surgery. Surgery for whiplash after a crash may likely require disc removal (discectomy) and spine fusion. This is a serious surgery with real risks.
http://jjohnsebastianattorney.iconosites.com/
Buffalo Area Credit Card Fraud Lawyer
Buffalo Area Credit Card Fraud Lawyer
Posted 09:09 AM May 31, 2013
According to theFTC, Credit Card Fraud affects over7 million people annually. A Buffalo Area Credit Card Fraud Lawyer can explain that these charges are usually prosecuted. As the use of computers increased in the recent past, these crimes are more prevalent than ever. The District Attorney is aware of this, and aggressively prosecutes these crimes. It is important to speak with a Buffalo Area Criminal Fraud Lawyer for guidance.
The crime of Credit Card Fraud includes a variety of crimes that involve the fraudulent use or theft of a credit card. This offense usually occurs when someone else’s card is used to make a purchase. This crime is closely linked to Computer Fraud, because often the use of the internet is usually involved. Credit Card Fraud can also be linked to Mail Fraud and Bank Fraud.
Credit Card Fraud can include:
- Using a credit card without the owners consent
- Stealing a credit card from the owner
- Acquiring a credit card thru the mail
- Manufacturing fake credit cards
- Purposefully misrepresenting information on a credit application
- Creating a fraudulent website to access credit card information
The penalties if you are convicted of this crime can include prison time that ranges from 10-20 years, and financial retribution. Speak with a qualified Buffalo Area Criminal Lawyer from the Law Offices of J John Sebastian for guidance. We will explain the charges against you and answer the many questions you likely have. We will provide you with a free consultation with your first visit.
What is "IDV Court"?
What is "IDV Court"?
Posted 01:24 PM June 13, 2013
First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
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What Exactly Is "Shoplifting"?
What Exactly Is "Shoplifting"?
Posted 01:28 PM June 13, 2013
When
people think about t shoplifting, they might picture a person
hiding goods in his or her clothes and then leaving the store
without paying. While this is definitely a typical shoplifting scenario,
it's not the only one.Scenarios where people get arrested for shoplifting, may include
- Placing merchandise in a "booster bag" (a bag lined with aluminum foil, designed to conceal detection of merchandise from electronic security monitors)
- Removing Sensormatic and other anti-theft tags from store's merchandise
- Concealment, concealing merchandise on the way out of the store with it
- Tag switching:
- Coordinating theft with a store worker who doesn't ring up all the merchandise
- Group shoplifting where, one member of the group creates a distraction that provides another member with the opportunity to shoplift
DWI Suspension Pending Prosecution
Posted 01:29 PM June 13, 2013
At your arraignment for DWI, the Court may suspend your license
or privilege to drive in New York State pending prosecution for
the charges, if there is evidence you were driving with a blood
alcohol content (BAC) of .08% or higher. You are eligible to apply
for a Conditional License after 30 days of Suspension Pending Prosecution.
Under certain circumstances the Judge may suspend your license or driving privileges as a matter of discretion pursuant to New York State Vehicle and Traffic Law Section 510.3. In this case, you are not eligible for a conditional license.
http://buffalocriminalattorney.iconosites.com/
Under certain circumstances the Judge may suspend your license or driving privileges as a matter of discretion pursuant to New York State Vehicle and Traffic Law Section 510.3. In this case, you are not eligible for a conditional license.
http://buffalocriminalattorney.iconosites.com/
Pattern Jury Language/Battling Police Embellishment/DWI Trial
Posted 01:36 PM June 13, 2013
Your client is charged with violating section 1192(3) of the NY
Vehicle and Traffic Law. known in some places as a:DWI refusal" or a
"common Law DWI"; albeit there is no chemical test, and the evidence
will boil down to police observations to prove intoxication.
Assume for purposes of this article that our client has a prior (usually the case in refusals) so there is no offer. Lets assume further that our judge seems unsympathetic to our client's cause and the likelihood of an 1192(1) judgement after a bench trial are slim. So, onward we march to a jury trial of the matter.
1. Consult The NYS Criminal Pattern Jury Instruction(PJI) Manual
The first and most important step in trying this case is to consult the NYS PJI 1192 (3) VTL, specifically let's look at the relevant PJI definition of "intoxication",
A person is in an INTOXICATED condition when such person has consumed alcohol to the extent that he or she is incapable, to a substantial extent, of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.(emphasis added)
2. Incorporate Key Buzzwords Into Your Cross
"Physical and mental abilities... ." are the buzzwords you will be incorporating into your cross of the arresting officer.
Let's assume the usual direct testimony from the arresting officer, wherein he gives all the standard indicia of intoxication: swerving, bloodshot eyes, alcohol on the breath, unsteady on his feet, failed all the FSTs miserably.
Your cross examination follows:
You: Sir you observed Johnny drive past you, Yes?
Cop: Yes
You: You pulled out after him, True?
Cop: Yes
You: You activated your overheads, Correct?
Cop: Yes
You: and Johnny pulled over, Yes?
Cop: Yes
You: So at that point he had the mental ability to recognize you were stopping him,Correct Sir?
Cop; Yes
You: And the physical ability to pull the vehicle over, Yes?
Cop: Yes
You: You approached Johnny's vehicle?
Cop: Yes
You: And requested him to produce license and registration, Correct?
Cop: Yes
You: So he had the mental ability to understand that request, Correct Sir?
Cop: I guess...
You: That's a Yes?
Cop: Yes
You: And he had the physical ability to find produce and hand you those documents, Isn't that true as well??
Cop: well NO, it took him a long time to find them and he kept dropping his license...
What just happened? 'And it was going so well!' you think to yourself. Now what do I do?
Don't despair. What just happened is that our arresting officer just deviated from our script and is heading down the dark and lonely road of embellishing his observations of intoxication.
It is a dark and lonely road because you always follow the cardinal rule of cross; 'never ask a question you don't know the answer to'. In reality, that rule should be 'never ask a question you don't know what the answer to should be'.
3. Negative Impeachment of an Embellishing Police Witness
Continuing our sample cross:
You: So your testimony NOW is that it took 'a long time' for him to find his documents?
Cop: Yes
You: And that he 'kept dropping his license'?
Cop: Yes Sir, he did.
You: I see.
You: Sir, you have training in how to complete the necessary documents pursuant to a DWI arrest correct?
Cop: Yes I do.
You: In fact you were trained at the police academy on how complete the necessary documents Yes?
Cop: Yes
You: Did they train you to be accurate?
Cop: Yes
You Did they train you to be complete?
Cop: Yes,
You: Did they train you to be honest?
Cop: They did.
You: I'm handing you whats been marked State Exhibit A for ID purposes do you recognize it Sir?
Cop: Yes
You: What is it?
Cop: It is the arrest report I prepared for this case.
You: And you completed that over a year and a half ago Yes?
Cop: Yes
You: Contemporaneously with the events of the night in question correct?
Cop:Yes
You: And at the time you prepared it you were trying to be accurate?
Cop: Yes.
You: You were trying to be complete?
Cop: Yes
You: And You were trying to be honest?
Cop: Of course.
You: So that's a Yes?
Cop: Yes
You: Can you please tell the jury where in that arrest report it says that Johnny took a long time to produce his license and registration?
Cop: It doesn't say it anywhere.
You: I see. And would you please indicate where in the arrest report it states he kept dropping his license.
Cop: It does not say that either.
You can repeat this process again with his field notes, the misdemeanor information itself or his grand jury testimony (if the case is a felony) to really pound your point home.
4. Completing The Buzzword Cross
When you go back to your physical and mental capability line of questioning, the officer is not likely to embellish again, but if he does, be grateful, and just repeat your negative impeachment steps
In addition, point out through your cross exam the physical ability to operate at a safe speed, safely park the car, exit the car, stand in the roadway, walk without assistance, and walk while handcuffed behind his back. Of course you will incorporate each physical task into your cross as the facts of the case allow.
Point out through you cross exam the mental ability to follow instructions, comply with orders, give pedigree info, dial a phone, and carry on a conversation. Again look at the facts and take what they give you.
5. Summation
In your summation you will remind the jury that the law is not 'gasoline and alcohol don't mix'.(Initially talked about in voir dire and opening)
The law is whether Johnny had the physical and mental capabilities to safely operate the motor vehicle on the night in question. And then reiterate all of the evidence to support that he did.
If you follow these techniques of incorporating the key buzzwords of the PJI into your case through cross of the arresting officer, and using negative impeachment to battle embellishment, you should be returning NOT GUILTY verdicts on a regular basis with these types of cases.
Article Source:
http://EzineArticles.com/?expert=J._John_SebastianAssume for purposes of this article that our client has a prior (usually the case in refusals) so there is no offer. Lets assume further that our judge seems unsympathetic to our client's cause and the likelihood of an 1192(1) judgement after a bench trial are slim. So, onward we march to a jury trial of the matter.
1. Consult The NYS Criminal Pattern Jury Instruction(PJI) Manual
The first and most important step in trying this case is to consult the NYS PJI 1192 (3) VTL, specifically let's look at the relevant PJI definition of "intoxication",
A person is in an INTOXICATED condition when such person has consumed alcohol to the extent that he or she is incapable, to a substantial extent, of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.(emphasis added)
2. Incorporate Key Buzzwords Into Your Cross
"Physical and mental abilities... ." are the buzzwords you will be incorporating into your cross of the arresting officer.
Let's assume the usual direct testimony from the arresting officer, wherein he gives all the standard indicia of intoxication: swerving, bloodshot eyes, alcohol on the breath, unsteady on his feet, failed all the FSTs miserably.
Your cross examination follows:
You: Sir you observed Johnny drive past you, Yes?
Cop: Yes
You: You pulled out after him, True?
Cop: Yes
You: You activated your overheads, Correct?
Cop: Yes
You: and Johnny pulled over, Yes?
Cop: Yes
You: So at that point he had the mental ability to recognize you were stopping him,Correct Sir?
Cop; Yes
You: And the physical ability to pull the vehicle over, Yes?
Cop: Yes
You: You approached Johnny's vehicle?
Cop: Yes
You: And requested him to produce license and registration, Correct?
Cop: Yes
You: So he had the mental ability to understand that request, Correct Sir?
Cop: I guess...
You: That's a Yes?
Cop: Yes
You: And he had the physical ability to find produce and hand you those documents, Isn't that true as well??
Cop: well NO, it took him a long time to find them and he kept dropping his license...
What just happened? 'And it was going so well!' you think to yourself. Now what do I do?
Don't despair. What just happened is that our arresting officer just deviated from our script and is heading down the dark and lonely road of embellishing his observations of intoxication.
It is a dark and lonely road because you always follow the cardinal rule of cross; 'never ask a question you don't know the answer to'. In reality, that rule should be 'never ask a question you don't know what the answer to should be'.
3. Negative Impeachment of an Embellishing Police Witness
Continuing our sample cross:
You: So your testimony NOW is that it took 'a long time' for him to find his documents?
Cop: Yes
You: And that he 'kept dropping his license'?
Cop: Yes Sir, he did.
You: I see.
You: Sir, you have training in how to complete the necessary documents pursuant to a DWI arrest correct?
Cop: Yes I do.
You: In fact you were trained at the police academy on how complete the necessary documents Yes?
Cop: Yes
You: Did they train you to be accurate?
Cop: Yes
You Did they train you to be complete?
Cop: Yes,
You: Did they train you to be honest?
Cop: They did.
You: I'm handing you whats been marked State Exhibit A for ID purposes do you recognize it Sir?
Cop: Yes
You: What is it?
Cop: It is the arrest report I prepared for this case.
You: And you completed that over a year and a half ago Yes?
Cop: Yes
You: Contemporaneously with the events of the night in question correct?
Cop:Yes
You: And at the time you prepared it you were trying to be accurate?
Cop: Yes.
You: You were trying to be complete?
Cop: Yes
You: And You were trying to be honest?
Cop: Of course.
You: So that's a Yes?
Cop: Yes
You: Can you please tell the jury where in that arrest report it says that Johnny took a long time to produce his license and registration?
Cop: It doesn't say it anywhere.
You: I see. And would you please indicate where in the arrest report it states he kept dropping his license.
Cop: It does not say that either.
You can repeat this process again with his field notes, the misdemeanor information itself or his grand jury testimony (if the case is a felony) to really pound your point home.
4. Completing The Buzzword Cross
When you go back to your physical and mental capability line of questioning, the officer is not likely to embellish again, but if he does, be grateful, and just repeat your negative impeachment steps
In addition, point out through your cross exam the physical ability to operate at a safe speed, safely park the car, exit the car, stand in the roadway, walk without assistance, and walk while handcuffed behind his back. Of course you will incorporate each physical task into your cross as the facts of the case allow.
Point out through you cross exam the mental ability to follow instructions, comply with orders, give pedigree info, dial a phone, and carry on a conversation. Again look at the facts and take what they give you.
5. Summation
In your summation you will remind the jury that the law is not 'gasoline and alcohol don't mix'.(Initially talked about in voir dire and opening)
The law is whether Johnny had the physical and mental capabilities to safely operate the motor vehicle on the night in question. And then reiterate all of the evidence to support that he did.
If you follow these techniques of incorporating the key buzzwords of the PJI into your case through cross of the arresting officer, and using negative impeachment to battle embellishment, you should be returning NOT GUILTY verdicts on a regular basis with these types of cases.
Buffalo Area Under 21 DWI Attorney
Buffalo Area Under 21 DWI Attorney
Posted 01:38 PM June 13, 2013
In New York State , anyone at least sixteen years old but
less than nineteen years old who are charged with a crime (misdemeanor
or felony) may be eligible for a "youthful offender adjudication."
Section 720.20 of the CPL sets forth the
circumstances under which a court may make a finding that a individual
is a youthful offender. For misdemeanor convictions, like
first time DWI offenders, CPL § 720.20 states:
Upon
conviction of an eligible youth, the court must order a PSI
(pre-sentence investigation) of the defendant. After receipt of a
written report of the investigation (by the probation department) and at
the time of pronouncing sentence the court must determine whether or
not the eligible youth is a youthful offender. Such determination shall
be in accordance with the following criteria:
Where
the conviction is had in a local criminal court and the eligible youth
had not prior to commencement of trial or entry of a plea of guilty been
convicted of a crime or found a youthful offender, the court must find
he is a youthful offender.
CPL
§ 720.20(d) states that when an individual is found to be a youthful
offender, " the court must direct that the conviction be deemed vacated
and replaced by a youthful offender finding; and the court must sentence
the defendant pursuant to section 60.02 of the penal law."
Section
60.02(1) of the Penal Law sets the maximum sentence that may be
imposed upon a defendant adjudicated a youthful offender who otherwise
would have been convicted of a misdemeanor to "a definite or
intermittent sentence of imprisonment with a term of no more than six
months...."
The
requirement that eligible youth with no prior criminal convictions or
youthful offender adjudications must receive youthful offender status
when convicted of a misdemeanor raises an interesting question when someone in that age group are arrested for misdemeanor Driving While Intoxicated.
http://buffalocrhttp://buffalocriminalattorney.iconosites.com/iminalattorney.iconosites.com
Thursday, June 13, 2013
Buffalo NY Area Promoting Prostitution Charges
- Receiving money for arranging a prostitute for someone;
- Soliciting a John for a prostitute;
- Operating, managing or owning an establishment that was made for prostitution, and prostitution is practiced there;
- Inducing someone to the life of prostitution (turning girls out).
In New York State , the Penal Law defines the laws related to Promoting Prostitution, which can be classified as either a misdemeanor or a felony, and punishable by 1 to 25 years in prison. There severity of the charge will depend on:
- How many prostitutes are involved;
- Whether force or coercion was used;
- The age of the prostitutes involved.
http://buffalocriminalattorney.iconosites.com/
Buffalo Area Theft Crimes Lawyer
Posted 06:45 PM March 22, 2013
Most Buffalo areatheft criminal defendants are just regular folks, first time offenders, accused of theft of relatively minor amounts. While some our clients intentionally broke the law, others have strayed inadvertently. Whatever your situation is, we will work hard to minimize your liability and help you start with a clean slate.
Most Buffalo New York theft crimes that we deal with are the following:
- Larceny
- Embezzlement (usually involving theft from employers)
- Credit Card Theft and Fraud
- Welfare Fraud
- Unemployment Insurance Benefits Fraud
- Insurance Fraud
- Medicaid Fraud
- Tax Fraud
Buffalo Knee Injury Attorney
Whether you do work that produces constant stress on
your shoulders, knees and other joints, or you have been involved in a
workplace accident, on-the-job injuries are serious and can leave you
out of work for an a long of time. If you have suffered a knee
or shoulder injury on the job, you are eligible to apply for workers’
compensation benefits that will pay for medical expenses and time away
from work.
If your knee or shoulder injury was caused by by someone else’s negligence or misconduct, our firm can help you file for the benefits you deserve.
Common types of shoulder and knees injuries may include:
If your knee or shoulder injury was caused by by someone else’s negligence or misconduct, our firm can help you file for the benefits you deserve.
Common Types of Shoulder and Knee Injuries
Our attorneys frequently represent construction workers, industrial workers and other employees who have suffered shoulder and knee injuries in accidents or due to repetitive strain.Common types of shoulder and knees injuries may include:
- Torn rotator cuffs
- Shoulder dislocation
- Clavicle fractures
- Patella pain
- Dislocated kneecap
- Meniscus tear
- Ligament injuries
If these injuries have left you disabled or unable to return
to your job, our firm will help you pursue all available benefits. We
will use our e experience and resources to fight for your success.
Is There A Statute of Limitations for Car Accidents In New York State?
If you're in a car accident, what should you do?
First when getting into a vehicle accident, you have to stop your car. This is even more important and even imperative when your accident results in personal injury to someone, whether minor or serious.
You also have to swap information with
the other driver, if they're able to exchange information with you. You
should provide your name, address and the registration number of your
vehicle. First when getting into a vehicle accident, you have to stop your car. This is even more important and even imperative when your accident results in personal injury to someone, whether minor or serious.
Now, if the other person is not able to exchange information, presumably because the other person is injured, you have to stay at the scene and call 911.
If you don't stay at the scene, you could be charged with a crime. . There's even the possibility of jail time for fleeing the scene of an accident.
If there's a death by vehicle, you can face jail time, if your criminal negligence caused the accident. This can be the case when the accident was a result of excessive speeding, DUI, or other forms of reckless driving. While those charges are pretty bad, fleeing from them won't make a bad situation better. It will only make the situation worse.
If you're in a car accident,
- Collect and preserve evidence. Take pictures of scene and any injuries.
- Take notes. jot down what happened as soon as possible after the crash. Include details about damage and injuries if any
- Don't say too much. If the other party's insurance company calls you, you may want to direct them to your insurance co.. Hiring a lawyer can also be a smart move, depending on the circumstances of your crash.
Buffalo Area Arson Defense Attorney
Buffalo Area Arson Defense Attorney
A Buffalo Arson attorney explains the New York State Arson law, the 5 different levels of Criminal Arson charges and affirmative defenses to Arson.The common definition of Arson is setting fire to a building or property without having the owner's consent. In New York, any Arson attorney will tell you that this definition has been broken down further to separate between the different types of fires that can be set, the type of property that is set on fire and the risk of injury to people from such fires.
Moreover, the Western New York offices of the District Attorney as well as Western NY area Judges have exhibited a very low tolerance for defendants charged with Arson. The reason is the dangerous nature of a fire in so far as how it can spread and the damage that can be caused to both people and property. That is why it's important for a defendant to have a Buffalo Area Criminal Attorney who has experience in handling Arson cases. An experienced New York Arson Lawyer can limit your exposure in the event of an unintended consequence of a fire that has been started and has gone out of control.
When you face the criminal charge of Arson, you need a Buffalo Criminal Attorney who will stand by you and fight for your rights
Buffalo Computer Fraud Defense Attorney
Buffalo Computer Fraud Defense Attorney
As computers become a common and integral part of everyday life and most businesses, Computer Fraud has become progressively more apparent. A Buffalo area Computer Fraud attorney on the team J John Sebastian attorney at law will explain to you that this crime can be very complex or quite simple, and we can counsel you at no cost consultation about how to defend yourself against these criminal charges. Very often a Computer Fraud can lead to criminal charges in both New York State Court as well as Federal Court.Whenever a computer has been used to facilitate a criminal act, a charge of Computer Fraud may be brought by the US Attorney, Erie County offices of the District Attorney,or Buffalo PD. The crime therefore represents a broad category of deceptive activities that are generally designed to steal, destroy, or misrepresent information. For instance, Computer Fraud occurs if you access credit card numbers or Social Security numbers online in order to use them illegally. Computer Fraud is frequently connected to Credit Card Fraud, or other crimes such as Bank Fraud, Embezzlement and in some instances Bribery.
Among the common actions that can be prosecuted under the charge of Computer Fraud are the following:
- Posing as someone else online.
- Emailing a hoax with the intent to scare or intimidate others.
- Employing spyware or other malicious software, or hacking into a computer system, to collect the private information of a business, an individual, or a group of people.
- Emailing investment schemes with the intention of taking other people's money.
- Illegally accessing a computer to alter business, government, medical, academic, or other records.
- Intentionally sending harmful computer viruses to damage the computers of others.
Buffalo Weapon/Gun Charge Lawyer
Have
you been charged with a gun crime in the Buffalo Area or Erie and
Niagara counties? Possessing a firearm for self defense is a sacred
right guaranteed by the United States Constitution. Two recent Supreme
Court cases have held that the 2nd Amendment gives the right to individuals
to keep and bear arms. Despite this, New York has some of the most
restrictive gun laws in the United States. Erie County is even more
restrictive. As a supporter of the National Rifle Association, J. John Sebastian is committed to ensuring that your constitutional rights are
not infringed. He defends clients charged with crimes including:
- CPW 2nd Degree
- CPW 3rd Degree
- CPW 4th Degree
- Possessing unregistered or unlicensed firearms
- Possessing firearms by felons
- Possessing firearms by minors
- Negligent or unlawful discharge of firearms
- Menacing
- Assault with a deadly weapon
- Possession of a machinegun or silencer
- http://buffalocriminalattorney.iconosites.com/page/weapon-and-gun-charges
What Should You Do If You Have a Bench Warrant in New York State?
A bench warrant has the potential to cause you significant problems
and can be taken as a clear sign that you have erred somewhere along the
way. If you have a bench warrant out for your arrest, it is important
to discuss your options with a skilled criminal defense lawyer.
Can we get the judge to quash your bench warrant? Can we make arrangements for you to be re-released? In many cases YES. We are committed to helping you find the answers to these questions and making sure your best interest are protected. Call 716-254-1751 for a free initial consultation with an attorney. We are available 24 hours a day, seven days a week.
In other cases, a letter will be issued requesting to find out why you failed to show up. It is important to take these matters seriously, as they could potentially impact the result of your case. We are experienced at vacand will seek to clear up your situation with the judge.
If you think you may have a bench warrant, to lea
Can we get the judge to quash your bench warrant? Can we make arrangements for you to be re-released? In many cases YES. We are committed to helping you find the answers to these questions and making sure your best interest are protected. Call 716-254-1751 for a free initial consultation with an attorney. We are available 24 hours a day, seven days a week.
How Do Bench Warrants Work?
If you were released after your arrest and given a date on which to report in the future, you will be issued a bench warrant by the judge for failure to appear in court on that date. From there, the warrant makes its way to the clerk's office and then to the bench warrant squad who will seek to arrest you.In other cases, a letter will be issued requesting to find out why you failed to show up. It is important to take these matters seriously, as they could potentially impact the result of your case. We are experienced at vacand will seek to clear up your situation with the judge.
If you think you may have a bench warrant, to lea
Monday, April 22, 2013
What is "IDV Court"?
First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
Buffalo Area Petty Larceny Lawyer
If
you have been charged with any type of theft related crime, hiring an experienced criminal defense attorney is essential for a successful
outcome. J.John Sebastian defends clients who have been charged with:
Many alternatives exist for people charged with theft crimes, which may prevent them from suffering convictions or serving any jail time. For those charged with a more serious theft related charge, it may be possible to convince the District Attorney to reduce the charges to less serious ones. Only an experienced criminal attorney can accurately assess your case and advise you what options exist. Call the Law Office of J. John Sebastian today for a free consultation.
- Petit Larceny and Shoplifting
- Grand Larceny
- Grand Theft Auto/Unauthorized Use of a Motor Vehicle
- Burglary
- Criminal Mischief
- Possession of Stolen Property
- All other theft charges
Many alternatives exist for people charged with theft crimes, which may prevent them from suffering convictions or serving any jail time. For those charged with a more serious theft related charge, it may be possible to convince the District Attorney to reduce the charges to less serious ones. Only an experienced criminal attorney can accurately assess your case and advise you what options exist. Call the Law Office of J. John Sebastian today for a free consultation.
West Seneca Town Court
In our series
highlighting local criminal courts, we focus on West Seneca Town Court
The West Seneca Town Court has jurisdiction over both civil and
criminal cases originating within the Town of West Seneca . In the
category of criminal law, the West Seneca Town Court part hears
misdemeanors and pre-indictment felonies, including drug possession,
unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI,
criminal possession of a weapon, assault, and other cases.
West Seneca Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
West Seneca Town Court
1250 Union Road
West Seneca, NY 14224-2917
West Seneca Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
West Seneca Town Court
1250 Union Road
West Seneca, NY 14224-2917
Thursday, April 4, 2013
Buffalo Club Drugs & the Law
Club drugs” are known as the main drugs that are found in late-night
Buffalo area clubs and bars. These powerful drugs contain mixtures of
chemicals that are unregulated by the government and therefore lack
quality. These drugs can lead to overdoses, or even death. Legally
speaking, drugs such as LSD, MDMA (ecstasy), GHB, Ketamine (Special K),
Rohypnol (Rophies), and Methamphetamine (speed), all carry grave
consequences if you are arrested for possessing or selling them.
I just have a few pills—that can’t get me into trouble!
Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail. Even trying to sell or trade a single tablet of ecstasy could get you a felony. Possession of club drugs can cost you thousands in court fines and years in jail time—they are very serious.
I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug court. This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug. It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.
Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make a huge difference as to your sentence is and whether you even need to go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today.
http://buffalocriminalattorney.iconosites.com/
I just have a few pills—that can’t get me into trouble!
Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail. Even trying to sell or trade a single tablet of ecstasy could get you a felony. Possession of club drugs can cost you thousands in court fines and years in jail time—they are very serious.
I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug court. This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug. It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.
Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make a huge difference as to your sentence is and whether you even need to go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today.
http://buffalocriminalattorney.iconosites.com/
What is "IDV Court"?
First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
I was injured on someone else’s property. What Can I Do?
Most , property owners, including entities such as
the city and state, are responsible for injuries that occur as a result
of a dangerous or hazardous condition that exists on their property, which the owner
either knew or should have known about. The hazard can be obvious (such
as ice on steps) or hidden (such as a hole in a lawn that is partially
covered by grass). In some cases it may not be apparent, as in
flooring that appears normal but is very waxy and slippery. The dangerous condition
could be permanent, such as broken concrete
or temporary, such as a slippery spill in a market aisle.
Legally a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, because the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions , the length of time that the condition exists prior to the incident occurred is important. If the spill occurred just before the incident, the property owner may not be liable to the plaintiff, because the owner could not have known about the spill (and would not have been able to do anything about it) before the injury occurred. If, the spill however, was present for some time before the incident, or occurred in an area subject to liquid spills, or is a recurring event in the area, the owner may be liable, even if he or she did not know about this particular spill.
Legally a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, because the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions , the length of time that the condition exists prior to the incident occurred is important. If the spill occurred just before the incident, the property owner may not be liable to the plaintiff, because the owner could not have known about the spill (and would not have been able to do anything about it) before the injury occurred. If, the spill however, was present for some time before the incident, or occurred in an area subject to liquid spills, or is a recurring event in the area, the owner may be liable, even if he or she did not know about this particular spill.
Buffalo Area Truck Driver's Attorney
Buffalo Area Truck Driver's Attorney
Trucker tickets,unlike ordinary traffic tickets, are criminal misdemeanors . Trucker ticket attorney J John Sebastian is dedicated to the legal assistance of truckers, truck companies and companies who truck goods anywhere in the Buffalo New York Area.
Under
New York Law Corporations Must Be Represented By a Lawyer and a Failure
To Appear Could Lead to Criminal Convictions and Fines.
Your time is better spent running
your business anyway.J John Sebastian will represent your company when a
police officer issues a ticket to your business. Our attorneys can
often appear in court without the driver or a company representative.Contact J John Sebastian if you or your drivers receive a ticket for any of the following violations:
- Moving Violations
- Highway use tax (HUT)
- Fuel use tax (FUT)
- Motor vehicle use tax (MVT),
- Lack of international fuel tax renewal sticker,
- Overweight truck violations
- Log book violations
- Idling, and/or unsafe equipment violations (brakes, tires, headlights)
The Law Offices of J John Sebastian is the first and only call you need to make.J John Sebastian can represent you in a court of law even when you are not there. Call him day or night at 716-254-1651
Monday, April 1, 2013
What Exactly Is "Shoplifting"?
When
people think about t shoplifting, they might picture a person
hiding goods in his or her clothes and then leaving the store
without paying. While this is definitely a typical shoplifting scenario,
it's not the only one.
Scenarios where people get arrested for shoplifting, may include
Scenarios where people get arrested for shoplifting, may include
- Placing merchandise in a "booster bag" (a bag lined with aluminum foil, designed to conceal detection of merchandise from electronic security monitors)
- Removing Sensormatic and other anti-theft tags from store's merchandise
- Concealment, concealing merchandise on the way out of the store with it
- Tag switching:
- Coordinating theft with a store worker who doesn't ring up all the merchandise
- Group shoplifting where, one member of the group creates a distraction that provides another member with the opportunity to shoplift
Clarence Town Court
In our series
highlighting local criminal courts, we focus on Clarnece Town Court
The Clarnece Town Court has jurisdiction over both civil and
criminal cases originating within the Town of Clarnece . In the
category of criminal law, the Claernce Town Court part hears
misdemeanors and pre-indictment felonies, including drug possession,
unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI,
criminal possession of a weapon, assault, and other cases.
Clarnece Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
Clarnece Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
What is IDV Court?
First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
DWI Suspension Pending Prosecution
At your arraignment for DWI, the Court may suspend your license
or privilege to drive in New York State pending prosecution for
the charges, if there is evidence you were driving with a blood
alcohol content (BAC) of .08% or higher. You are eligible to apply
for a Conditional License after 30 days of Suspension Pending Prosecution.
Under certain circumstances the Judge may suspend your license or driving privileges as a matter of discretion pursuant to New York State Vehicle and Traffic Law Section 510.3. In this case, you are not eligible for a conditional license.
http://buffalocriminalattorney.iconosites.com/
Under certain circumstances the Judge may suspend your license or driving privileges as a matter of discretion pursuant to New York State Vehicle and Traffic Law Section 510.3. In this case, you are not eligible for a conditional license.
http://buffalocriminalattorney.iconosites.com/
Buffalo Area Probation Violation Lawyer
If you have pleaded guilty to a crime or have
been convicted after a trial in the Buffalo area,. and your punishment
is not imprisonment or jail, it will most likely be probation
Although there are many requirements and rules to follow, you are at liberty. Hiring an experienced Buffalo area probation attorney is you next step.
When a you are sentenced to probation, the requirements and rules you must abide by are strictly enforced. You must comply with each term of probation even if it is difficult. Some might be that you report to your probation officer at certain times, you abide by a curfew and that you do not get re-arrested.
Failure to stick to these requirements may result in a violation of probation being filed against you. That, could possibly result in a term of imprisonment – something you avoided when you were sentenced to probation instead of jail. Additionally, the original crime that you pleaded to and received the more lenient sentence of probation could be reinstated.
If you violate your terms of probation it is imperative to retain skilled Buffalo Area criminal defense lawyer immediately. An experienced criminal defense and probation violation attorney in The Buffalo Area, may be able to work out a deal with the court and the prosecutor where you remain free and your livelihood and liberty is kept intact.
Contact the Law Offices of J John Sebastian Attorney at Law today if you think you have violated terms of your probation.
Although there are many requirements and rules to follow, you are at liberty. Hiring an experienced Buffalo area probation attorney is you next step.
When a you are sentenced to probation, the requirements and rules you must abide by are strictly enforced. You must comply with each term of probation even if it is difficult. Some might be that you report to your probation officer at certain times, you abide by a curfew and that you do not get re-arrested.
Failure to stick to these requirements may result in a violation of probation being filed against you. That, could possibly result in a term of imprisonment – something you avoided when you were sentenced to probation instead of jail. Additionally, the original crime that you pleaded to and received the more lenient sentence of probation could be reinstated.
If you violate your terms of probation it is imperative to retain skilled Buffalo Area criminal defense lawyer immediately. An experienced criminal defense and probation violation attorney in The Buffalo Area, may be able to work out a deal with the court and the prosecutor where you remain free and your livelihood and liberty is kept intact.
Contact the Law Offices of J John Sebastian Attorney at Law today if you think you have violated terms of your probation.
Buffalo Area Stalking Defense Attorney
In Western New york, the various Offices of the District Attorney take Stalking charges very seriously.
There are four different types of Stalking ranging from Misdemeanor charges to 2 Felony charges. The first Misdemeanor Stalking charge is Stalking in the fourth degree, which is a B Misdemeanor, and the highest is Stalking in the first degree, which is a class D Felony. The basic concept of Stalking is that the accused places the victim in fear for her safety by showing up or following or initiating contact through some type of communication or starting another type of communication after the victim has requested for all communication toend.
After the Alleged stalker is told to stop this conduct, the law uses a "reasonable person" standard to determine whether any further contact would place a person in fear for his safety. If the answer is "yes," (a reasonable person would be in fear) than the Stalking Law has been violated.
Any Buffalo area Stalking attorney will tell you the Offices of the District Attorney in Erie County are more sensitive to Stalking cases because they have potential to lead to more serious crimes and more serious criminal charges. Stalking cases have turned into assault, sex crimes, rapes, kidnapping, robbery and even murder. That's why the Courts, after an arrest on a Stalking charge, generally issue an Order of Protection. The purpose is to stop all contact and communication between parties and by stopping the contact, it stops the criminal behavior from escalating to one of the more serious crimes. Defending Stalking cases focuses the defense on the mind set of the parties. Was it reasonable for the alleged victim to fear for his or her safety and well-being? Was there a legitimate purpose for the alleged perpetrator to be interacting with the alleged victim? Remember the legal standard is that the District Attorney has to prove guilt is beyond a reasonable doubt. The burden of proof is on the District Attorney not the Buffalo Area Stalking Defense Attorney. Very often these cases do not involve witnesses. Therefore, the Stalking case is a "he said, she said' and the case will be a battle of credibility between the parties.
There are four different types of Stalking ranging from Misdemeanor charges to 2 Felony charges. The first Misdemeanor Stalking charge is Stalking in the fourth degree, which is a B Misdemeanor, and the highest is Stalking in the first degree, which is a class D Felony. The basic concept of Stalking is that the accused places the victim in fear for her safety by showing up or following or initiating contact through some type of communication or starting another type of communication after the victim has requested for all communication toend.
After the Alleged stalker is told to stop this conduct, the law uses a "reasonable person" standard to determine whether any further contact would place a person in fear for his safety. If the answer is "yes," (a reasonable person would be in fear) than the Stalking Law has been violated.
Any Buffalo area Stalking attorney will tell you the Offices of the District Attorney in Erie County are more sensitive to Stalking cases because they have potential to lead to more serious crimes and more serious criminal charges. Stalking cases have turned into assault, sex crimes, rapes, kidnapping, robbery and even murder. That's why the Courts, after an arrest on a Stalking charge, generally issue an Order of Protection. The purpose is to stop all contact and communication between parties and by stopping the contact, it stops the criminal behavior from escalating to one of the more serious crimes. Defending Stalking cases focuses the defense on the mind set of the parties. Was it reasonable for the alleged victim to fear for his or her safety and well-being? Was there a legitimate purpose for the alleged perpetrator to be interacting with the alleged victim? Remember the legal standard is that the District Attorney has to prove guilt is beyond a reasonable doubt. The burden of proof is on the District Attorney not the Buffalo Area Stalking Defense Attorney. Very often these cases do not involve witnesses. Therefore, the Stalking case is a "he said, she said' and the case will be a battle of credibility between the parties.
Keywords: j john sebastian attorney
Buffalo Club Drugs & the Law
“Club drugs” are known as the main drugs that are found in late-night
Buffalo area clubs and bars. These powerful drugs contain mixtures of
chemicals that are unregulated by the government and therefore lack
quality. These drugs can lead to
overdoses, or even death. Legally speaking, drugs such as LSD, MDMA
(ecstasy), GHB, Ketamine (Special K), Rohypnol (Rophies), and
Methamphetamine (speed), all carry grave consequences if you are
arrested for possessing or selling them.
I just have a few pills—that can’t get me into trouble!
Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail. Even trying to sell or trade a single tablet of ecstasy could get you a felony. Possession of club drugs can cost you thousands in court fines and years in jail time—they are very serious.
I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug court. This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug. It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.
Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make a huge difference as to your sentence is and whether you even need to go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today.
http://buffalocriminalattorney.iconosites.com/
I just have a few pills—that can’t get me into trouble!
Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail. Even trying to sell or trade a single tablet of ecstasy could get you a felony. Possession of club drugs can cost you thousands in court fines and years in jail time—they are very serious.
I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug court. This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug. It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.
Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make a huge difference as to your sentence is and whether you even need to go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today.
http://buffalocriminalattorney.iconosites.com/
Sunday, March 31, 2013
Western New York Semi-Truck Accident Attorney
When you need someone to stand up for you after a semi-truck
or 18 wheeler accident, call us. A
good lawyer can make the difference between getting the benefits you
need and getting a settlement that does not meet your needs.
With many of personal injury experience, J John Sebastian can confidently handle your claim. Our lawyers are committed to helping semi truck and 18-wheeler plaintiffs, and their families, recover max benefits. We will help you know what to do after an accident, what benefits you may be entitled to and how we can help you and your family obtain those benefits.
We will review log books, computer info, accident reports and other evidence to see precisely who was negligent in your accident. We will also evaluate t your injuries to see what level of compensation is necessary, especially if those injuries require continuing medical care. We will assess all areas of liability and work hard to hold all appropriate parties responsible
With many of personal injury experience, J John Sebastian can confidently handle your claim. Our lawyers are committed to helping semi truck and 18-wheeler plaintiffs, and their families, recover max benefits. We will help you know what to do after an accident, what benefits you may be entitled to and how we can help you and your family obtain those benefits.
Investigations for Semi Truck Accidents
J John Sebastian will thoroughly investigate and review all motor vehicle accident claims in order to understand what happened, and was at fault for the accident. Truck drivers are under tremendous pressure to be on time.Many semi-truck accidents are a result of driver fatigue. Truck accidents may result in serious and catastrophic injuries, including:We will review log books, computer info, accident reports and other evidence to see precisely who was negligent in your accident. We will also evaluate t your injuries to see what level of compensation is necessary, especially if those injuries require continuing medical care. We will assess all areas of liability and work hard to hold all appropriate parties responsible
Buffalo NY Area Resisting Arrest Attorney
Resisting Arrest What sometimes can start out as a violation of
Disorderly Conduct (NY PL 240.20), can result in the police taking you
into custody for Resisting Arrest pursuant to New York Penal Law
205.30. Whether you are in Buffalo or the outlying townships like
Amherst, Cheektowaga, or Tonawanda you now find yourself charged with a
misdemeanor and in need of a Buffalo Area criminal defense attorney.
While often a legitimate charge by the police for fights during an arrest procedure, the crime of Resisting Arrest also enables law enforcement to charge you with an offense punishable by up to one year in jail for something that is minor and truly “non criminal.” According to the law of Resisting Arrest in New York State , if you prevent or attempt to prevent a police officer from placing you under arrest where he or she is authorized to do so you are guilty of an “A” misdemeanor.
If you swing your arms or hold them up so that you cannot be handcuffed, that will probably establish resisting arrest. Certainly, thefacts of every case are different , but if someone intentionally tries to stop the police from making an authorized arrest it is likely they will face this charge. If convicted as an adult, this crime will permanently remain on your record.
It is important to note that if you are charged with Resisting Arrest there are certain issues you should discuss with your Buffalo Area criminal defense lawyer before considering accepting any deal.
While often a legitimate charge by the police for fights during an arrest procedure, the crime of Resisting Arrest also enables law enforcement to charge you with an offense punishable by up to one year in jail for something that is minor and truly “non criminal.” According to the law of Resisting Arrest in New York State , if you prevent or attempt to prevent a police officer from placing you under arrest where he or she is authorized to do so you are guilty of an “A” misdemeanor.
If you swing your arms or hold them up so that you cannot be handcuffed, that will probably establish resisting arrest. Certainly, thefacts of every case are different , but if someone intentionally tries to stop the police from making an authorized arrest it is likely they will face this charge. If convicted as an adult, this crime will permanently remain on your record.
It is important to note that if you are charged with Resisting Arrest there are certain issues you should discuss with your Buffalo Area criminal defense lawyer before considering accepting any deal.
What Does Car Accident Injury Compensation Cover ?
New York State Injury Victims’ Rights
What does car accident injury compensation cover ? How do I pay for my medical bills? Is there a way to get the at-fault party to pay for my future medical bills and my pain and suffering? These are all good and important legal questions after a Western New York car accident.
While each case is unique and should be evaluated by an experienced personal injury attorney who can help you understand your rights to compensation, injury compensation is generally available for:
What does car accident injury compensation cover ? How do I pay for my medical bills? Is there a way to get the at-fault party to pay for my future medical bills and my pain and suffering? These are all good and important legal questions after a Western New York car accident.
While each case is unique and should be evaluated by an experienced personal injury attorney who can help you understand your rights to compensation, injury compensation is generally available for:
- Past, present and future medical bills: compensation generally includes reimbursement for past and present medical bills stemming from the accident, as well as future medical bills. If you or your doctor anticipates that you will need additional surgeries, medical treatment or rehabilitative care, your personal injury attorney will likely factor that into your future medical expenses.
- Lost wages: Another area of car accident compensation is usually lost wages. If you missed wo
rk because of injuries, you may be entitled to those wages as part of your car accident compensation.
Genesee County Court
Genesee County is a mostly rural area between Buffalo and Rochester NY. Its main business district is Batavia.
Genesee County Court
JUDGES
Honorable Robert C. Noonan
PROSECUTOR
Genesee County District Attorney,
Lawrence Friedman
TYPE OF CASES
Felonies, Criminal, some civil casesGenesee County Court
I was injured on someone else’s property. What Can I Do?
Most , property owners, including entities such as
the city and state, are responsible for injuries that occur as a result
of a dangerous or hazardous condition that exists on their property, which the owner
either knew or should have known about. The hazard can be obvious (such
as ice on steps) or hidden (such as a hole in a lawn that is partially
covered by grass). In some cases it may not be apparent, as in
flooring that appears normal but is very waxy and slippery. The dangerous condition
could be permanent, such as broken concrete
or temporary, such as a slippery spill in a market aisle.
Legally a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, because the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions , the length of time that the condition exists prior to the incident occurred is important. If the spill occurred just before the incident, the property owner may not be liable to the plaintiff, because the owner could not have known about the spill (and would not have been able to do anything about it) before the injury occurred. If, the spill however, was present for some time before the incident, or occurred in an area subject to liquid spills, or is a recurring event in the area, the owner may be liable, even if he or she did not know about this particular spill.
Legally a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, because the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions , the length of time that the condition exists prior to the incident occurred is important. If the spill occurred just before the incident, the property owner may not be liable to the plaintiff, because the owner could not have known about the spill (and would not have been able to do anything about it) before the injury occurred. If, the spill however, was present for some time before the incident, or occurred in an area subject to liquid spills, or is a recurring event in the area, the owner may be liable, even if he or she did not know about this particular spill.
Seeking Compensation for the Victims of Reckless Truck Drivers
Anyone who drives recklessly is putting others people at serious risk for injury, but
when the driver of a truck is reckless, the results can be
particularly grave. Every year, many avoidable truck accidents are
caused by reckless and wanton behavior such as the following:
Call Us for a Free Consult...716-362-1146
- Unsafe Speeds Because trucks are so large and difficult to handle, it is especially important that they follow the speed limit, if not slower. Trucks being driven over the speed limit, especially on busy city expressways, create a grave risk for accidents.
- Following to close or Tailgating: Trucks need much more time and space to stop than smaller vehicles and must therefore drive farther behind the cars in front of them. When a truck is tailgating a car and the car brakes or slow down suddenly, the results can be devastating
- Other aggressive driving: In general, truck drivers need to constantly be aware that they are driving much more heavier and dangerous vehicles than most other drivers on the road. Any display of road rage on their part can have deadly consequences.
Call Us for a Free Consult...716-362-1146
Why do Innocent People Confess to Crimes?
KANSAS CITY, Mo. — Eddie Lowery lost 10 years of his life for a crime he
did not commit. There was no physical evidence at his trial for rape,
but one overwhelming factor put him away: he confessed.
Fascinating Story....
http://www.nytimes.com/2010/09/14/us/14confess.html?_r=3&hp;&
www.jjohnsebastianattorney.com
Fascinating Story....
http://www.nytimes.com/2010/09/14/us/14confess.html?_r=3&hp;&
www.jjohnsebastianattorney.com
Lockport City Court
In our series
highlighting local criminal courts, we focus on Lockport City Court. Lockport City Court has jurisdiction over both civil and
criminal cases originating within the City of Lockport . In the
category of criminal law, the Lockport City Court part hears
misdemeanors and pre-indictment felonies, including drug possession,
unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI,
criminal possession of a weapon, assault, and other cases.
Lockport City Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
Street Address:1 Locks Plaza, Lockport, NY 14094
Judge Thomas M. DiMillo, Judge William J. Watson
Prosecutor
Lockport City Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
Street Address:1 Locks Plaza, Lockport, NY 14094
Judge Thomas M. DiMillo, Judge William J. Watson
Prosecutor
Niagara County DA office.
Experience Matters when making Wrongful Death Claims
- Airplane Accidents
- Auto Accidents
- Bicycle Accidents
- Construction Accidents
- Dog Mauling
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- SUV Rollover Accidents
- Truck Accidents
We work hard to recover the money families need following a wrongful death; we have the expertise and resources to assemble necessary records and documentation, work with accident reconstruction experts and investigators, and build a strong claim for you. J John Sebastian is prepared to see your wrongful death case through to the end to get you and your family the compensation you deserve.
Who Can Collect Wrongful Death Damages
Spouses, children and parents of wrongful death victims may be eligible to recover damages. Under New York law, family members can collect economic damages for medical and funeral expenses, as well as non-economic damages for loss of companionship of the family member and emotional suffering.
Long after a fatal accident, families feel the loss of a loved one who died because of the negligence or acts of others. J John Sebastian is cognizant of the pain felt by survivors and offer compassionate representation in wrongful death litigation.
In seeking to recover wrongful death compensation for survivors,J John Sebastian will meet personally with families to learn as much as they can about loved ones and what their loss means to surviving members of the family. We represent clients throughout the Buffalo area.
If you have lost a loved one due to someone else’s negligence or wrongdoing call a Buffalo Area wrongful death lawyer immediately to schedule a free no obligation consultation.
Felony vs. Misdemeanor
MISDEMEANOR CHARGES are considered less serious offenses than felonies and are usually punished using monetary fines versus incarceration. FELONIES are considered a serious offense and are usually punished with jail time, as well as, fines. Classifications for felonies and misdemeanors are based upon the old adage that the punishment should fit the crime. Misdemeanors are those “lesser” crimes from which jail time would be equal to less than a year, and felonies are crimes of “high seriousness” for which jail time exceeds a year.
Both FELONIES and MISDEMEANORS are considered criminal offenses. Many people misunderstand the impact of having even a misdemeanor on your record. Certainly, having a felony violation closes financial and employment doors in your future, but the facts are that if you have been charged and convicted of a criminal offense of any kind it will go on your permanent criminal record and can be seen by employers in the future and used as evaluation criteria for future employment.
J John Sebastian Attorney at Law is here to help you through the criminal process. If you have been accused of a felony or misdemeanor then you need to enlist the services of a criminal defense lawyer. www.buffalocriminalatttorney.iconosites.com
DWI and DWAI in New York
DWI and DWAI are two of the most common charged offenses in New York State affecting teens, baby-boomers,
blue and white collar workers. The consequences of a DWI or DWAI
conviction are severe and can range from a low fine and temporary
driving suspension to extensive fines, a license revocation and jail
time.
Recently enacted DWI and DWAI statutes can be hard to understand , it is important for any individual charged with one of these offenses to consult the services of an experienced Buffalo area criminal defense attorney to navigate through the maze of statutes that cause these individuals to be subjected to such things as license suspension for refusing to take a chemical test, mandatory screening for substance abuse, treatment programs and potential probation or jail time.
In New York, the statutory blood alcohol content limit is .08%. Studies show that depending on your health, height and weight, that level is easily achieved with just a few drinks. Further, it is important to note that DWAI and DWI charges stem from a person's "operation" of a motor vehicle. Operation may be demonstrated by simply being observed sitting in the driver's seat with the keys in the ignition.
In these situations, it is important to retain the services of a skilled criminal defense attorney to ascertain the strength of the charges, the ability to challenge a breathalyzer test or chemical test, and the reason for the stop by the police.
Future articles will focus on the different elements of the DWI or DWAI arrest
Recently enacted DWI and DWAI statutes can be hard to understand , it is important for any individual charged with one of these offenses to consult the services of an experienced Buffalo area criminal defense attorney to navigate through the maze of statutes that cause these individuals to be subjected to such things as license suspension for refusing to take a chemical test, mandatory screening for substance abuse, treatment programs and potential probation or jail time.
In New York, the statutory blood alcohol content limit is .08%. Studies show that depending on your health, height and weight, that level is easily achieved with just a few drinks. Further, it is important to note that DWAI and DWI charges stem from a person's "operation" of a motor vehicle. Operation may be demonstrated by simply being observed sitting in the driver's seat with the keys in the ignition.
In these situations, it is important to retain the services of a skilled criminal defense attorney to ascertain the strength of the charges, the ability to challenge a breathalyzer test or chemical test, and the reason for the stop by the police.
Future articles will focus on the different elements of the DWI or DWAI arrest
Pattern Jury Language/Battling Police Embellishment/DWI Trial
Your client is charged with violating section 1192(3) of the NY
Vehicle and Traffic Law. known in some places as a:DWI refusal" or a
"common Law DWI"; albeit there is no chemical test, and the evidence
will boil down to police observations to prove intoxication.
Assume for purposes of this article that our client has a prior (usually the case in refusals) so there is no offer. Lets assume further that our judge seems unsympathetic to our client's cause and the likelihood of an 1192(1) judgement after a bench trial are slim. So, onward we march to a jury trial of the matter.
1. Consult The NYS Criminal Pattern Jury Instruction(PJI) Manual
The first and most important step in trying this case is to consult the NYS PJI 1192 (3) VTL, specifically let's look at the relevant PJI definition of "intoxication",
A person is in an INTOXICATED condition when such person has consumed alcohol to the extent that he or she is incapable, to a substantial extent, of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.(emphasis added)
2. Incorporate Key Buzzwords Into Your Cross
"Physical and mental abilities... ." are the buzzwords you will be incorporating into your cross of the arresting officer.
Let's assume the usual direct testimony from the arresting officer, wherein he gives all the standard indicia of intoxication: swerving, bloodshot eyes, alcohol on the breath, unsteady on his feet, failed all the FSTs miserably.
Your cross examination follows:
You: Sir you observed Johnny drive past you, Yes?
Cop: Yes
You: You pulled out after him, True?
Cop: Yes
You: You activated your overheads, Correct?
Cop: Yes
You: and Johnny pulled over, Yes?
Cop: Yes
You: So at that point he had the mental ability to recognize you were stopping him,Correct Sir?
Cop; Yes
You: And the physical ability to pull the vehicle over, Yes?
Cop: Yes
You: You approached Johnny's vehicle?
Cop: Yes
You: And requested him to produce license and registration, Correct?
Cop: Yes
You: So he had the mental ability to understand that request, Correct Sir?
Cop: I guess...
You: That's a Yes?
Cop: Yes
You: And he had the physical ability to find produce and hand you those documents, Isn't that true as well??
Cop: well NO, it took him a long time to find them and he kept dropping his license...
What just happened? 'And it was going so well!' you think to yourself. Now what do I do?
Don't despair. What just happened is that our arresting officer just deviated from our script and is heading down the dark and lonely road of embellishing his observations of intoxication.
It is a dark and lonely road because you always follow the cardinal rule of cross; 'never ask a question you don't know the answer to'. In reality, that rule should be 'never ask a question you don't know what the answer to should be'.
3. Negative Impeachment of an Embellishing Police Witness
Continuing our sample cross:
You: So your testimony NOW is that it took 'a long time' for him to find his documents?
Cop: Yes
You: And that he 'kept dropping his license'?
Cop: Yes Sir, he did.
You: I see.
You: Sir, you have training in how to complete the necessary documents pursuant to a DWI arrest correct?
Cop: Yes I do.
You: In fact you were trained at the police academy on how complete the necessary documents Yes?
Cop: Yes
You: Did they train you to be accurate?
Cop: Yes
You Did they train you to be complete?
Cop: Yes,
You: Did they train you to be honest?
Cop: They did.
You: I'm handing you whats been marked State Exhibit A for ID purposes do you recognize it Sir?
Cop: Yes
You: What is it?
Cop: It is the arrest report I prepared for this case.
You: And you completed that over a year and a half ago Yes?
Cop: Yes
You: Contemporaneously with the events of the night in question correct?
Cop:Yes
You: And at the time you prepared it you were trying to be accurate?
Cop: Yes.
You: You were trying to be complete?
Cop: Yes
You: And You were trying to be honest?
Cop: Of course.
You: So that's a Yes?
Cop: Yes
You: Can you please tell the jury where in that arrest report it says that Johnny took a long time to produce his license and registration?
Cop: It doesn't say it anywhere.
You: I see. And would you please indicate where in the arrest report it states he kept dropping his license.
Cop: It does not say that either.
You can repeat this process again with his field notes, the misdemeanor information itself or his grand jury testimony (if the case is a felony) to really pound your point home.
4. Completing The Buzzword Cross
When you go back to your physical and mental capability line of questioning, the officer is not likely to embellish again, but if he does, be grateful, and just repeat your negative impeachment steps
In addition, point out through your cross exam the physical ability to operate at a safe speed, safely park the car, exit the car, stand in the roadway, walk without assistance, and walk while handcuffed behind his back. Of course you will incorporate each physical task into your cross as the facts of the case allow.
Point out through you cross exam the mental ability to follow instructions, comply with orders, give pedigree info, dial a phone, and carry on a conversation. Again look at the facts and take what they give you.
5. Summation
In your summation you will remind the jury that the law is not 'gasoline and alcohol don't mix'.(Initially talked about in voir dire and opening)
The law is whether Johnny had the physical and mental capabilities to safely operate the motor vehicle on the night in question. And then reiterate all of the evidence to support that he did.
If you follow these techniques of incorporating the key buzzwords of the PJI into your case through cross of the arresting officer, and using negative impeachment to battle embellishment, you should be returning NOT GUILTY verdicts on a regular basis with these types of cases.
Article Source:
http://EzineArticles.com/?expert=J._John_SebastianAssume for purposes of this article that our client has a prior (usually the case in refusals) so there is no offer. Lets assume further that our judge seems unsympathetic to our client's cause and the likelihood of an 1192(1) judgement after a bench trial are slim. So, onward we march to a jury trial of the matter.
1. Consult The NYS Criminal Pattern Jury Instruction(PJI) Manual
The first and most important step in trying this case is to consult the NYS PJI 1192 (3) VTL, specifically let's look at the relevant PJI definition of "intoxication",
A person is in an INTOXICATED condition when such person has consumed alcohol to the extent that he or she is incapable, to a substantial extent, of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.(emphasis added)
2. Incorporate Key Buzzwords Into Your Cross
"Physical and mental abilities... ." are the buzzwords you will be incorporating into your cross of the arresting officer.
Let's assume the usual direct testimony from the arresting officer, wherein he gives all the standard indicia of intoxication: swerving, bloodshot eyes, alcohol on the breath, unsteady on his feet, failed all the FSTs miserably.
Your cross examination follows:
You: Sir you observed Johnny drive past you, Yes?
Cop: Yes
You: You pulled out after him, True?
Cop: Yes
You: You activated your overheads, Correct?
Cop: Yes
You: and Johnny pulled over, Yes?
Cop: Yes
You: So at that point he had the mental ability to recognize you were stopping him,Correct Sir?
Cop; Yes
You: And the physical ability to pull the vehicle over, Yes?
Cop: Yes
You: You approached Johnny's vehicle?
Cop: Yes
You: And requested him to produce license and registration, Correct?
Cop: Yes
You: So he had the mental ability to understand that request, Correct Sir?
Cop: I guess...
You: That's a Yes?
Cop: Yes
You: And he had the physical ability to find produce and hand you those documents, Isn't that true as well??
Cop: well NO, it took him a long time to find them and he kept dropping his license...
What just happened? 'And it was going so well!' you think to yourself. Now what do I do?
Don't despair. What just happened is that our arresting officer just deviated from our script and is heading down the dark and lonely road of embellishing his observations of intoxication.
It is a dark and lonely road because you always follow the cardinal rule of cross; 'never ask a question you don't know the answer to'. In reality, that rule should be 'never ask a question you don't know what the answer to should be'.
3. Negative Impeachment of an Embellishing Police Witness
Continuing our sample cross:
You: So your testimony NOW is that it took 'a long time' for him to find his documents?
Cop: Yes
You: And that he 'kept dropping his license'?
Cop: Yes Sir, he did.
You: I see.
You: Sir, you have training in how to complete the necessary documents pursuant to a DWI arrest correct?
Cop: Yes I do.
You: In fact you were trained at the police academy on how complete the necessary documents Yes?
Cop: Yes
You: Did they train you to be accurate?
Cop: Yes
You Did they train you to be complete?
Cop: Yes,
You: Did they train you to be honest?
Cop: They did.
You: I'm handing you whats been marked State Exhibit A for ID purposes do you recognize it Sir?
Cop: Yes
You: What is it?
Cop: It is the arrest report I prepared for this case.
You: And you completed that over a year and a half ago Yes?
Cop: Yes
You: Contemporaneously with the events of the night in question correct?
Cop:Yes
You: And at the time you prepared it you were trying to be accurate?
Cop: Yes.
You: You were trying to be complete?
Cop: Yes
You: And You were trying to be honest?
Cop: Of course.
You: So that's a Yes?
Cop: Yes
You: Can you please tell the jury where in that arrest report it says that Johnny took a long time to produce his license and registration?
Cop: It doesn't say it anywhere.
You: I see. And would you please indicate where in the arrest report it states he kept dropping his license.
Cop: It does not say that either.
You can repeat this process again with his field notes, the misdemeanor information itself or his grand jury testimony (if the case is a felony) to really pound your point home.
4. Completing The Buzzword Cross
When you go back to your physical and mental capability line of questioning, the officer is not likely to embellish again, but if he does, be grateful, and just repeat your negative impeachment steps
In addition, point out through your cross exam the physical ability to operate at a safe speed, safely park the car, exit the car, stand in the roadway, walk without assistance, and walk while handcuffed behind his back. Of course you will incorporate each physical task into your cross as the facts of the case allow.
Point out through you cross exam the mental ability to follow instructions, comply with orders, give pedigree info, dial a phone, and carry on a conversation. Again look at the facts and take what they give you.
5. Summation
In your summation you will remind the jury that the law is not 'gasoline and alcohol don't mix'.(Initially talked about in voir dire and opening)
The law is whether Johnny had the physical and mental capabilities to safely operate the motor vehicle on the night in question. And then reiterate all of the evidence to support that he did.
If you follow these techniques of incorporating the key buzzwords of the PJI into your case through cross of the arresting officer, and using negative impeachment to battle embellishment, you should be returning NOT GUILTY verdicts on a regular basis with these types of cases.
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