Mississippi Governor Signs Felony Animal Cruelty Bill Into Law

See this link for full details:

http://news.change.org/stories/victory-mississippi-governor-signs-felony-animal-cruelty-bill-into-law

Albany City Council votes to allow backyard chickens within city limits

See this link to todays Times Union Article for the details.

http://www.timesunion.com/local/article/Chickens-join-city-s-urban-sprawl-1362095.php

Ithaca Cortland New York Criminal Defense: It's Equity, Equity, Equity!

You know how they say in real estate, "location, location, location?" Well in my mind sometimes I like to think "Equity, Equity, Equity" when it comes to criminal defense practice. I have cases where it just makes sense to bring up an equity argument and/or create an equity package. "Package" can include drug/alcohol evals & issues, financial issues, job issues, family issues, licenses, etc. Having and/or creating a tailored equity package is often crucial to your success.

So let's begin by discussing what equity is and what equity isn't. Equity is not well, "it's just not fair." Generally speaking the government (the prosecutor), the alleged charges, and the Court does not have to be fair (based upon your definition).

Equity is when a criminal or even non-criminal charge (because of it's nature) can affect certain people very differently because they come from different backgrounds, have professional licenses, and/or positions of employment/jobs where "the sentence" and/or plea to "that charge" would affect them dramatically different. NOTE: Some prosecutors have remarked to me, "equity smequity everyone is special," while others will openly entertain an equity argument.

Prime examples:

Violation Level Offense:

In a marijuana violation: The affect of a plea of guilty to this (non-criminal) charge could be the inability for SOME PEOPLE to be eligible for federal student loans and financial aid. This would not affect those not in college, not planning on attending college, and/or not receiving any federal aid.

Case example: Kid found with 4 oz. of pot btw thats alot of pot). I argue to the judge, and the prosecutor, with appropriate motions, and other proof that he is attending college, and receiving federal aid. Judge allows ACD (adjournment in contemplation of dismissal) motion, charges to be dismissed as long as he completes a substance abuse program, and one year with no new arrests.

Misdemeanor Level Offense:

In a DWI case: Someone with a professional license with a DWI conviction would be now facing an administrative professional license hearing, and the consequences resulting from that hearing because ANY criminal conviction in New York State would be considered an instance of professional misconduct.

Case example: Nurse found DWI. Equity package presented to the prosecutor. Judge allowed plea to reduced charge of DWAI (a traffic violation), no resulting "professional" license ramifications.

Case example: Military Sgt. facing a DWI offered a DWAI in full satisfaction based upon circumstances of deployment, drug/alcohol counseling, and prior service record.

Felony Level Offense:

In a DWI felony case: Felony convictions can sometimes cause termination of job, and destroy all future hopes of employment.

Case example: High ranking College professor with DWI felony. Equity package presented with other job information history offered a DWI misdemeanor in full satisfaction. The prosecutor offers, and Judge allows case to stay at the misdemeanor (local village) level.

Of course, these examples should be balanced by the others where the prosecutors and/or judges did not offer and/or allow reduced pleas to reduced charges. Every criminal case, situation, person, and circumstance is different. No one can promise and guarantee any result or outcome. No attorney can promise or guarantee a result.

I only promise one thing, that I will do my best to help those I represent and nothing more.

A Lawyer's View: Types of DWI "Innocence"

This blog post was inspired from a magazine article I recently read in a Criminal Defense Lawyers piece on innocence. The author had stated that he believed there were six stages or types of innocence, ranging from absolutely didn't do it, to justified for doing it, to didn't do all of it, or some of it, or based upon the definition of "it" didn't do it. I in my DWI mindset believe that DWIs have three main types of innocence.

1. I drank alcohol/consumed drugs BUT I was neither impaired (affected to any extent) nor intoxicated (incapable of safe/normal/prudent driving);

2. I drank alcohol/consumed drugs BUT I was not intoxicated but merely impaired;

3. I drank alcohol/consumed drugs BUT the test results are not accurate/truthful based upon my known consumption and use.

THE REFUSAL CASE: In refusal cases, it is largely a matter of "degree" between the lines of impairment and intoxication, in other words to what degree do we have affects to a person, if any. Can these affects/behaviors be "solely" attributed to the use/abuse/consumption of drugs and/or alcohol?

THE "PER SE" CASE: Based upon a BAC (blood alcohol concentration) either direct from a blood sample or indirect from a breath sample is this number/result to be trusted/believed/relied upon? In the context of behavior/driving is it consistent?

So these are the things I think on when I question/challenge legal guilt or legal innocence.

Prosecutors Generally Cannot Appeal The Granting of Youthful Offender Status

In People v Jason L. (2011 NY Slip Op 03440 [4th Dept 4/29/11]) the Court rejected an attempt by a prosecutor to appeal a youthful offender adjudication holding that there is no statutory authorization for such an appeal: )

The People contend that the court abused its discretion in granting defendant youthful offender status and that, as a result, the sentence imposed is invalid as a matter of law. We conclude that the appeal must be dismissed. "CPL 450.30 (2) authorizes the People to appeal from a sentence that is invalid as a matter of law" (People v Cosme, 80 NY2d 790, 792), but that statute does not authorize the People to appeal from a youthful offender finding (see generally People v Calderon, 79 NY2d 61, 63-64, 67). Indeed, upon finding that an individual is a youthful offender, "the court must direct that the conviction be deemed vacated and replaced by a youthful offender finding[,] and the court must sentence the defendant pursuant to section 60.02 of the penal law" (CPL 720.20 [3] [emphasis added]). "[T]he youthful offender finding and the youthful offender sentence imposed thereupon constitute a youthful offender adjudication' " (Calderon, 79 NY2d at 65). Here, the People do not allege that the sentence of incarceration of 1 to 4 years is illegal. Rather, "in the guise of challenging the sentence imposed, the People are in essence attacking the validity of the defendant's underlying [youthful offender finding,] . . . [which CPL 450.30 (2)] does not permit them to do" (Cosme, 80 NY2d at 792).

Changes to NYS Humane Education Law effective July 1, 2011

Here is the press release from NYSBA:

CHANGE TO HUMANE EDUCATION LAW EFFECTIVE JULY 1

ALBANY—School districts must notify students that they don’t have to dissect a frog in biology class under a new law effective July 1, 2011. 

The mandatory notice law requires that students and parents be informed that students have the options of performing alternative projects to dissection.

The New York State Bar Association Committee on Animals and the Law has long supported and advocated for this change to the state’s Humane Education Law.

“We are pleased that there now is a clear uniform policy to alert students and parents to this choice.  Interactive films and 3-D computer software have proven to be as effective as the dissection itself with no harm to animals,” said Committee Chair James F. Gesualdi of Islip.

Former Governor David Paterson signed this amendment to the Humane Education Law into law on August 13, 2010.

The Humane Education Law (Education Law §809) currently mandates that any student who expresses “a moral or religious objection to the performance or witnessing of the dissection of an animal . . . shall be provided the opportunity to undertake and complete an alternative project that shall be approved by such student's teacher” and the student shall not be penalized for performing the alternative project.

Since 2002, the Committee on Animals and the Law has served as a legal resource for humane-related issues pertaining to animals (www.nysba.org/animals). For further information and a list of resources on dissections, visit: www.nysba.org/humaneeducation.

The New York State Bar Association with 77,000 members is the largest voluntary state bar association in the nation. It was founded in 1876

Ithaca Elmira Lawyer Why Speeding Tickets/ Violations are Costly