Ithaca Cortland DWI Lawyer What is a Pre Plea Investigation?

Ithaca Cortland DWI Lawyer Discusses Pre-sentence Investigations?

FAQs about the Felony PSI = Pre Sentence Investigation

When is a Felony PSI ordered?

After every plea of guilt to a felony level crime or a finding of guilt to a felony level offense the Court (Judge) MUST order a PSI.

How do we usually get to the Felony plea?

The majority of felony pleas occur by way of an SCI (Superior Court Information). The SCI in the best of terms is an agreement, a contract of sorts between you, and the DA. It is a deal, a plea bargain. The terms of the agreement will include a recommendation, sometimes a high (maximum) or a low(minimum) amount or number of county jail, state prison, community service, fines, etc. The SCI plays an important part of the process to save the Court and the District Attorney time and effort

Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

http://www.ithacadwi.com

Ithaca Cortland DWI Lawyer Reasons DWAI is a Good Outcome in Refusal Case

The New York DWI Chemical Test Refusal Case is unique for a number of reasons:

1. The police and prosecution do not have a breath test (NO BAC) to prove their case of Intoxicated driving. Is it now a matter of degree? Impairment vs. Intoxication?

2. They can not charge VTL 1192 (2) BAC .08 or > or VTL 1192 (2) (a) Aggravated DWI BAC .18 or >. although with new case law (2012) they can try to charge using the roadside field breath test, Intoximeter. NOTE: But probably (highly unlikely) they can not lay proper foundation to admit the BAC result at a trial for "per se" (machine) DWI.

3. The prosecutor can only charge VTL 1192 (3), "Common Law" DWI.

4. The prosecutor usually only has one main witness, the arresting officer. i.e.. the STOP COP.

5. The prosecutor must prove that "you were mentally and physically incapable ( to a substantial extent) of operating an automobile as a reasonably prudent driver." Standard comes from the seminal case, People v. Cruz, NYS.

6. They must prove this legal burden of "intoxication" beyond a reasonable doubt based upon the police officer's observations, and field testing, if any.

7. They can not use the Preliminary Breath Test results (at roadside) to prove their case.

8. The DWI defense lawyer can cross examine the police officer at the DMV administrative hearing without the presence of the prosecutor. An opportunity to view the case and maybe win some points.

9. This "cross examination" can cover the stop, the arrest, and the field testing. Most DMV judges will only allow this to a limited degree but still it is an opportunity.

Dr. Lawrence (Larry) Newman
Attorney at Law
Doctor of Chiropractic

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

The Chronic DWI: Breaking the Spiraling Pattern of Destruction

As a DWI defense lawyer I see both the one time isolated drunk driving events as well as the long term- habitual-chronic alcohol dependent problem drinkers. If this is a 2nd, 3rd, or 4th DWI and/or drinking/drugging/driving arrest then we have an issue that needs to be addressed. The exposure to prison time is very great when dealing with multiples. I believe these people need treatment (in whatever form that works for them) Not incarceration (county jail/ state prison).

If the causation of a problem is not corrected then the cycle continues. I hate to see a waste of human potential, to me it is sad. Many Judges will give 2nd chances, some will give 3rd chances, but eventually there will be a day of reckoning. I believe it would be better if people broke the cycle of self destrcution early. Faced up to whatever issue/issues that they are carrying around with them head on.

I do have some success stories. I'd like to believe that I can make a difference, and have an impact on a life now and again. Defense is not just getting people off. Not just finding police mistakes. Not just suppressing evidence. Defense also means counseling and guiding people to higher ground. To new beginnings for themselves, and those who love them. No we can never go back and unring a bell, or undue what has occured but we can transform ourselves for the better.

Here is one such story of a young man, with a 2nd Felony DWI that I counseled, when he posted this review I shed tears for I believe he really listened and is making a change,



I was a senior in college when I got my 2nd DW no injuries thank god (I never imagined I would get another. I am a 24 yr old recovering alcoholic). I immediately went into a depression and had no idea what would come of my life. I talked to other lawyers and they all wanted to charge me double what Mr. Newman charged me. No other attorney gave me there undivided attention, and were quick to judge me. This was the last thing I needed. When I talked to Mr. Newman he answered the very first call and listened to everything I had to say. I told him I would like him to represent me and he immediately informed the court that he would be my lawyer. He is not a typical lawyer who just cares about getting paid. He met with me and learned who I was as a person. He suggested to me to start getting alcohol counseling to deal with my disease (now I have been sober for over a year). He was completely honest with me on what could happen and what he thought would happen. He helped me deal with the emotional burden that comes with a DWI. He pointed out that I am still young and have time to get back on the path of becoming successful as long as I give up alcohol. I was facing 5 years in state prison (served no jail time). I was facing a $5000.00 fine (only had to pay $2000.00). In the darkest time of my life, Mr. Newman cared, and helped me find a light. I also told him I was thinking about switching careers (B.A in Education) to Social Work. He pointed out that many people with similar problems as mine have gone on to have great careers in Social Work. He pointed out Drug and Alcohol Counseling. I am now pursuing a career in that. The most impressive thing to me about Mr. Newman is that to reapply for my drivers license I had to have an attorney write a letter to the court requesting it. While many attorneys could do this for $, Mr. Newman did it for free. I highly recommend Mr. Newman for anyone dealing with the terrible situation of DWI. Not only because he is a good lawyer, but because he is also a man of great moral character.

originally posted here at this attorney review site:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905/reviews.html

Owego DWI Felony Defense Lawyer, Tioga County Courthouse

I love to explore old courthouses. This is probably a good thing since I frequently find myself in and around them as a criminal defense attorney. They have a certain charm, and I can appreciate the detail of their construction. As they say, "they don't make' em like they used to," although I recently went to a new little courthouse in Chemung county, Big Flats Town Court, and was very impressed by the architectural design inside. Absolutely amazing use of light and windows. The architect clearly gave a lot of thought to the placement of everything. I need to get special permission to take photos inside a Courthouse so I often limit myself to just taking outside pictures.

Which leads me to beautiful, historic, and charming Downtown Owego, New York. It has in a word perfect "symmetry" of the Courthouse to the land and the roads. The Courthouse sits in a central spot facing onto a long bridgeway. The streets are a throw back to an earlier and simpler time. A slower pace is felt everytime I pass through this area.

I only find myself here (County Court) if my client is facing a felony charge (potential punishment of more than a year in jail). A person with a 2nd DWI within 10 years is enhanced to a Class "E" Felony DWI in NYS. The dates that are looked at are the dates of the conviction/sentencing. So the dates of arrest do not count.

Out of state DWIs convictions do not count towards this enhancement (increased penalty) unless they occurred on or after November 1, 2006. This was a recent decision in People v. Ballman, the Court held that Vehicle and Traffic Law section 1192 (8) only allows the use of the prior misdemeanor (called the predicate DWI offense) to increase (elevate) the penalty of a DWI misemeanor to a felony DWI under those circumstances.

In NYS ONLY County Courts can hear (have jurisdiction over) Felony Cases. The lower Town, City, and Village courts only hear (have jurisdiction over) violations and misdemeanors (potential punishment of less than a year in jail).

Ahhh, a grand old Courthouse. Very deceptive outside, much smaller on the inside, lots of little rooms, some with very high ceilings.

NOTE: Thank G-d a DD (Dunkin Donuts) is right across the street from the Courthouse. Perfect for those cold winter mornings.

map link to Owego County Courthouse:

http://www.courtreference.com/Court-Mapper.php?court_Location_Map=Tioga_County_Court&court=12339

Tioga County Courthouse 


16 Court Street, PO Box 307
Owego NY 13827

Phone: 607-687-0544
Fax: 607-687-5680

Where else can you see buildings like these? Well I know there are a lot of other old towns but this one has it's share of bricks. Rebuilt after the great fire of 1849 (decimated all the wood buildings) and now bricks and mortar so to speak.

Sign on the bridge way, from the ashes of destruction rose the little town of Owego, NY.

Larry Newman


http://www.ithacadwi.com/
Law Offices of Lawrence Newman
504 N. Aurora Street
Ithaca, NY 14850

fax: 866-381-3122
ph: 607- 229-5184

My NY DWI Blog: http://ithacadwi.blogspot.com/

Defeating the breath test video:

http://www.youtube.com/user/newmanlawrence?feature=mhum#p/u/13/DOjUpdbgn80

Videos on DWI Defense, and other New York Criminal Defense: http://www.youtube.com/user/newmanlawrence?feature=mhsn

Articles on NY DWI Defense: http://ezinearticles.com/?expert=Lawrence_Newman



More articles on NY DWI Defense: http://www.articlesbase.com/authors/dwi-defense-lawyer-larry-newman/256323  

Tioga County Candor Town and Village Court Lawyer.com

Within Tioga County there are only 9 Towns and 6 Villages and these are over a wide land mass. I cover many DWIs, marijuana/drug, and traffic violations within these Courts. If a car gets stopped for speeding it usually leads to other things being found, like pot and pills. BTW when the police make a lawful stop of a car, say for a traffic violation or equipment problem (ie. broken light) in NYS, they can then lawfully search that car, and it's contents. Which is another very good reason (I could give you a long list of reasons) not to smoke pot in your car. 

Each town and village has their own Court and Justice (Judge). Candor Town Court and Candor Village Court are both located just South of Ithaca on Route 96B. 96B is also called Owego Road because it leads to Owego, NY. Owego has a great Strawberry Festival that my family and I go to in the summer although I remember one summer when they needed to import strawberries. Kinda took away the charm for me (abit), anyway the streets and homes are historic in downtown Owego.

Don't be confused, in Candor both the Town and the Village Courts conduct business in the SAME Courthouse. Sometimes the Judges sit across from one another on the bench, and hear different cases.

Town Justice:   Judge Gary Dence   607- 659-3175 ext 2
Village Justice: Judge Les Swartz     607- 659-5913

Candor Town Clerk:  Ms. Connie Dence Kulze, 607- 659-3175 ext. 1

The Courts lie about half way between Tioga County Courtouse (Owego, NY) and Tompkins County Courthouse (Ithaca, NY). Yeah I judge distances based on Courthouses, it kinda goes with the territory. Anyway, a great landmark on 96B is the Grace Bible Church. It has a Candor Town Hall sign right next to it, and the new Town Hall/Court is located just back off the road to the East.

101 Owego Road
Candor, NY 13743

phone for Court 607-659-3175
email for court:       candorclerk@cnymail.com

Grace Bible Church on 96B

Candor Town Hall (both Village and Town Courts), sits back off 96B

I see a great many speeding infractions/violations on 96B because the speeds go very quickly between 55, then 45, then 40, and then 30MPH in the villages. The signs change so often you really have to pay attention and remain focused. People just don't like to slow down, and I am constantly passed on this stretch of road by both the young, and the impatient. It is hard to maintain these slower speeds at times, and the landscape is "bucolic" which for many comes to mean "boring" farm land.

One of the nicer little Courthouses in Upstate NY.

Great Map locator link for Candor Courts from Unified Court System:

http://www.courtreference.com/Court-Mapper.php?court_Location_Map=Candor_Town_Court&court=12330


Larry Newman, Criminal Defense Attorney

Larry Newman

http://www.ithacadwi.com/

Law Offices of Lawrence Newman
504 N. Aurora Street
Ithaca, NY 14850

fax: 866-381-3122
ph: 607- 229-5184

My NY DWI Blog: http://ithacadwi.blogspot.com/


Defeating the breath test video:

http://www.youtube.com/user/newmanlawrence?feature=mhum#p/u/13/DOjUpdbgn80



Videos on DWI Defense, and other New York Criminal Defense: http://www.youtube.com/user/newmanlawrence?feature=mhsn

Articles on NY DWI Defense: http://ezinearticles.com/?expert=Lawrence_Newman

More articles on NY DWI Defense: http://www.articlesbase.com/authors/dwi-defense-lawyer-larry-newman/256323

Court of Appeals Decides Rubin v. Islamic Republic of Iran

The matter of Rubin v. Islamic Republic of Iran continues to wind its way through the federal court system. On March 29, 2011 the Seventh Circuit Court of Appeals issued a 41 page ruling in this complex case.

Deadly terrorist attacks in Jerusalem injured Jenny Rubin and several other Americans in 1997. Hamas carried out three bombings, receiving support from Iran. The American plaintiffs sued Iran in federal district court in Washington, DC and won a $71.5 million default judgment after Iran failed to appear in the case. Since then, there has been an effort by the plaintiffs to recover the judgment.

To retrieve the multi-million award, the plaintiffs filed legal paperwork in Illinois—through a process known as attachment—to seize two collections of antiquities located at the University of Chicago’s Oriental Institute. The cultural property includes the Persepolis and Chogha Mish Collections. The Oriental Institute excavated these Persian artifacts during the 1930s and 1960s, and it has maintained possession of them through a long-term academic loan. The museum says that it is ready to return the Chogha Mish objects to Iran. The plaintiffs also seek to attach a collection located at the Field Museum of Natural History in Chicago known as the Herzfeld Collection. The Field Museum purchased the Herzfeld objects in 1945, but the plaintiffs say that these artifacts were stolen from Iran during the earlier part of the twentieth century before their sale. The Field Museum continues to assert ownership of these antiquities while Iran does not make any claim to them.

The case triggered a dispute about how the federal Foreign Sovereign Immunity Act (FSIA) works. That law declares that a foreign state’s property located in the United States is immune from attachment. However, proving a statutory exception can defeat this immunity. If immunity is lifted, then a plaintiff can attach a foreign state’s property to satisfy a court judgment. The FSIA’s passage in 1976 was both a codification of and limitation on the longstanding legal principle that foreign nations are generally immune from court actions.

The plaintiffs litigated the case in the federal district court of the Northern District of Illinois, and Iran remained absent from the proceedings. When the magistrate judge ruled that only a foreign nation can claim sovereign immunity to its property under the FSIA--not a museum--Iran entered the case as a party to claim immunity. Together the Oriental Institute, the Field Museum, and Iran argued that the plaintiffs could not attach the cultural property contained in the three collections because of the immunity protections afforded by the FSIA.

After Iran entered the case as a party, the plaintiffs filed a motion for discovery to compel Iran to detail all its assets held in the United States, not just the cultural property located in Illinois. Iran objected to this request, but the district court magistrate judge sided with the plaintiffs. Iran filed an appeal with the Seventh Circuit Court of Appeals as a result, prompting the United States government to enter the case as a friend of the court (amicus curiae) in support of Iran’s position.

The Seventh Circuit considered the following questions.
1. Was the foreign state absolutely required to appear in federal court to activate the immunity protections given by the FSIA?

2. Does the FSIA protect a foreign state from broad discovery requests requiring it to give an accounting of all its foreign assets in the United States?

The district court answered yes to the first question and no to the second question. But the federal appeals court strongly criticized the lower court’s decision, calling its ruling “seriously flawed.” The Seventh Circuit wrote:

“The district court’s approach to this case cannot be reconciled with the text, structure, and history of the FSIA. Section 1609 of the Act provides that 'the property in the United States of a foreign state shall be immune from attachment' unless an enumerated exception applies. (Emphasis added.) This section codifies the longstanding common-law principle that a foreign state’s property in the United States is presumed immune from attachment. This presumptive immunity, when read with other provisions of the FSIA, requires the plaintiff to identify the specific property he seeks to attach; the court cannot compel a foreign state to submit to general discovery about all its assets in the United States. The presumption of immunity also requires the court to determine—sua sponte if necessary—whether an exception to immunity applies; the court must make this determination regardless of whether the foreign state appears.”

The case has been sent back to the district court, and the lower court must now handle the case consistent with the decision by the court of appeals.

The complete opinion can be found at http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=08-2805&submit=showdkt