I experienced an illegal prosecution and judgement by the courts. Newly discovered evidence has been found. What can I do?

The only way to reopen the case is to file a 440 motion and seek to vacate the conviction and plea. The likelihood of success is very minimal.

Unless the court dismissed charges, the charges are the same.

What else can be done to prosecute criminal after case was dismissed due to legal technicalities?

Justice was served. His speedy trial rights were violated and the court granted his motion to dismiss.

My husband is a convicted felon has two felonies for dui and is threatening to take the kids away from me ?

You should speak with a Family Law Attorney.

Can I bail out my bother from dept of corrections if he was remanded?

No, if your brother is remanded, he is by definition, being held without bail.

What will happen?

Your friend should retain an attorney before meeting with law enforcement.!!! No good can come out of trying to do this on his own.

Can someone get probation on a 2nd d felony

A second felony offender cannot receive probation. But, a misdemeanor is always available.

Predicate Felony?

To be a predicate, the first felony must have been committed and resulted in a conviction and sentence BEFORE the second crime took place. In your...

How do I avoid jail time or probation for AUO IN THE 2Nd??

You should consult with a local criminal defense attorney. I would think that you would be in a better position if you were to clear your...

Under the Vehicle and Traffic Law one "operates" a car even if parked, so long as the engine is running.