Can a defense attorney in a homicide case subpoena his own witnesses, or is he limited to only examining the ones called by the prosecution?
Any attorney can call or subpoena their own witnesses. The subpoena part is a bit more complicated; need more info to give a better answer. Are the witnesses not willing to come in? Are they hostile to the defense?See question
am an immigrant but i qualified to apply for daca.. during the process i was charged with dui so no longer accepted for DACA.. is there anyway i can erased it from my record so that am able to apply again..
I agree with my colleagues but would also point out that under NY law even a plea to the traffic infraction of Driving While Ability Impaired (DWAI) cannot be sealed. It will show on your rap sheet forever.See question
I was caught stealing a $60 game, gave the security no hard time and admitted to everything. I was told the police would not be involved, no charges will be put against me, I just needed to take a photo and sign a paper agreeing to being banned fo...
I agree with my colleagues. I have never seen a store pursue this. Gary Muldoon has an informative article on it:http://muldoongetz.com/issue76.htmlSee question
If you appeal the conviction can you remain free until the appellate process has exhausted itself?
Not necessarily. If the judge does remand or "put you in" on a state case you have a right to go directly to the Appellate Division and pick the judge to hear your application pending appeal. This avenue is in my opinion very underutilized by criminal practitioners. My wife, who is a brilliant attorney, recently did this after her client was sentenced to 1-3 years in NY County and the Appellate Division released him on $1,500 bail. Her appeal was just denied but the 1st Dept. modified the sentence to straight probation! The case is People v. Elliot Ocasio http://www.nycourts.gov/reporter/3dseries/2015/2015_07428.htmSee question
the police videotaped my dui arrest but when I requested the videotape 18 months later they said they don't store it for so long and said it was destroyed according to their manual the prosecutor did not have a copy of the videotape either can I w...
I agree with my colleagues, not Brady. However, as Eric points out you may be able to benefit from it. The judge could instruct the jury that they can draw an adverse inference (or speculate) as to why the video disappeared. Your attorney needs to make this request.See question
My sister received a DWI in NY State in June, She works for a large pharmaceutical in New Jersey, and her job is 85% travel. Without her license, her career is in the tubes. Yes, its always easier to say after the fact and realize the error of you...
I need more info to better answer this. Is she a NJ resident with a NJ license? What was the chemical test reading? Accident? Priors? Did she refuse to blow? I have represented many professionals in DWI cases without any employment consequences, at all. An impaired in NY is a traffic infraction not a crime; also NY cannot suspend a NJ license.See question
What I am I looking at in the way of fines and Penalties, too include possible Jail Time?
Unless you pled guilty 17 years ago I don't see how they can resurrect that case. I would hire a local lawyer to get the warrant vacated and the matter dismissed. There could also be a speedy trial issue notwithstanding the warrant but that's a different discussion.See question
Was not given a breathilizer and was told you passed the fiekd test and at your first court date saw that the policeman was not telling you the truth. If you refuse to go to police location for additional testing, do you have any recourse?
There is no real pass or fail on a field sobriety test (FST). They are merely tools to detect intoxication. In my experience in trying dozens of DWI cases in NYC the police are very biased and they inaccurately rate the motorists performance on the fst's. This only hurts them when the jury views the video and I highlight the bias.See question
This question relates to Finra's u5 form and Brokercheck's criminal disclosure section. In my youth (20, NYC) I was charged with a couple of alcohol-related misdemeanors. One of these charges, 3rd deg. forgery for poss. of a fake ID, did...
Sounds like the DA declined to prosecute the forgery case. If that's the case it will still be showing on your rap sheet as an undocketed arrest. If you send the DA a notarized letter requesting a declined prosecution letter, and then send that to DCJS in Albany, it will be removed from your rap sheet. It helps if you have the arrest number; which you can get from the criminal court by requesting a 343 letter. (BTW There is actually a form order for this that the DA is supposed to send to Albany when they decline to prosecute, but I have never met an ADA in NYC that even knew of its existence, so we have to clean up their mess on the DP cases).See question
I was arrested for dwi and the cops said i refused the breathalyzer test. He asked me after taking many field sobriety tests if i wanted to take a breathalyzer rather than just getting it out and telling me to blow into it. My answer was "what for...
It's not clear from your question if you were actually charged with a refusal. Were you given a notice to appear at a DMV refusal hearing? This is usually scheduled the first time you see a judge in the criminal case and has to occur within 15 days or the suspension is lifted.See question