You could have fought the search by alleging that it was an illegal search. A judge may have concluded after hearing from the police officer at a suppression hearing that he had no legal right to put his hand in your pocket to retrieve the money. It is very hard to justify a warrantless search of an individual unless the officer can articulate that he say contraband or his safety was compromised.
You have every right to challenge the mistake. You can order the transcripts from the court proceedings to see what they say. If they no longer have the original court file then send a request the DMV and take a look at your driving abstract. That may shed some light on the case.
Lastly, you may be able to make a motion to the original court and have the judge reinstate the original sentence.
Note: For informational purposes only.
These appears to be notes from a court action sheet or transcripts from a court proceeding indicating that an individual defendant was granted an attorney to represent them without cost (either an attorney from the Legal Aid Society or from a panel of attorneys). Further, that an attorney asked the judge for a conference to be held on July 25 and then again on August 18, 2011.
I hope this helps.
You may order the transcript of the DMV refusal hearing. Depending on the location of the hearing you may be able to order the transcript from Ubiqus Reporting, Inc. located at 22 Cortland Street, Suite 802 New York , NY 10007. There is an appeal process for refusal hearings but since your hearing was held a year ago you are past the deadline to file an appeal.
As you know your friend is facing some very serious charges in New York. Penal Law section 265.02 is classified as a "violent felony offense" with significant exposure to state prison. I can tell from your question that your friend is still in jail from May 2011 which means that he has already been indicted by a grand jury or he has some other hold.
In New York, having a weapon in one's home or place of business can be considered a misdemeanor, depending on the circumstances. I would...
You can hire an attorney to attempt to withdraw your plea. Since you entered the plea with out the benefit of an attorney the judge may give you back your plea, there is no guarantee. If your plea is vacated you will be back in the position you were in before the plea was taken and will be faced with defending your case. That will leave you with a choice of trying to plea bargain again and if not acceptable then pleading to the tailgating which is 5 points or going to trial.
I am an attorney licensed to practice law in both New York and New Jersey. PTI is short for Pre-Trial Intervention. Pre-Trial Intervention is available to residents of other states besides New Jersey.
PTI allows a person charged with a crime to enter into a diversion program with out pleading guilty and getting a criminal record. There are usually several conditions of PTI. In all matters that PTI is granted the person must stay out of trouble for a period of time.
New York has conditional drivers licenses available for individuals that are either suspended pending prosecution for a DWI case or for an individual that has plead guilty or found guilty of DWI. You must find out through the New York DMV if they have been notified about the out of State, New Jersey conviction. If so, then find out from the DMV what steps you will have to take to get the conditional license. Ordinarily, after a New York driver is convicted of a DWI in order to get the...