Nassau County established a Drug Treatment Court in 2009. The purpose of the court is to allow individuals charged with drug related felony charges to rehabilitate themselves and avoid going to jail. Recently eighteen graduates from the Nassau County Drug Treatment Court Program had a celebration. This was the thirtieth graduation from the … [Read more...]
Intoxication, Without More Evidence, Does Not Establish Reckless Driving
In October of 2012, the Appellate Division of the Third Department, an Appeals Court in the State of New York, found a jury should have been instructed intoxication, without further evidence, did not establish reckless driving. Upon making this ruling, the court set aside the conviction of a defendant named Goldblatt. Goldblatt had been … [Read more...]
Permanent Revocation Of Driver’s Licenses – Part II
Serious Driving Offense Under the new regulations, a "serious driving offense" is defined as: a fatal crash; driving related penal law conviction; accumulation of 20 or more points assessed for driving violations within the last 25 years; or having two or more driving convictions each worth five points or higher. If, during the lifetime review, … [Read more...]
Permanent Revocation Of Driver’s Licenses – Part I
At the request of New York Governor, Andrew Cuomo, the New York State Department of Motor Vehicles (DMV) has issued new regulations that will require the permanent revocation of driving privileges in the State of New York. In addition, the Department of Motor Vehicles can also set up a re-licensing procedure that takes a very long time for an … [Read more...]
Driving While Intoxicated (DWI) Charges Dismissed
In a case before Gerri Pickett in the criminal court of Kings County the Judge found the accusatory instrument charging an individual with driving while intoxicated was facially insufficient. Her conclusion was based upon the fact there were no actual allegations supporting the charges essential elements in the accusatory instrument filed by the … [Read more...]
Nassau County Teenager Court
Nassau County, Long Island, now has a new pilot program designed to help 16 and 17 year olds charged with a crime avoid going to jail. Nassau County is one of nine counties throughout New York State to have a specific court designed to hear cases involving 16 and 17 year olds who previously have been treated as adults subject to criminal … [Read more...]
Juvenile Delinquency Proceedings in the New York Family Court
Children who are charged with crimes will often have these crimes adjudicated in the Family Court of New York. These children are entitled to virtually the same rights guaranteed under the United States Constitution in the Family Courts they would have if they were prosecuted in the Criminal Courts in New York. Similarities and Differences … [Read more...]
New York Police Officer Convicted of Robbing Drug Dealers
Jorge Arbaje-Diaz was a New York City Police Officer. He was arrested in 2008. He was charged in a federal court proceeding with fourteen other members of a robbery crew. The charges against him say that they posed as police officers for the purposes of robbing narcotics dealers in the east coast. Arbaje-Diaz and one other member of the … [Read more...]
Coerced Interrogations
A documentary “Scenes of a Crime” deals with ten hours of taped interrogations of Adrian Thomas at a police station in Troy, New York, in 2008. The ten hours of taped interrogations resulted in a disputed confession which is the subject of the documentary. The confession related to a high profile baby killing case. The Appellate Division for the … [Read more...]
DWI Charges To Man Wearing “I’m a Drunk” T-shirt
In Coram, Long Island, Kevin Daly, age 23, was driving around drunk in his car while wearing a T-shirt that said “I’m not an alcoholic, I’m a drunk. Alcoholics go to meetings." Kevin Daly was driving a 2000 Saturn. He attempted to make a turn when he struck a marked police patrol car. The officer in the patrol car noted Daly had blood shot, glassy … [Read more...]
