BACK TO SCHOOL SERIES: Ithaca College Cornell Students - Don't get CAUGHT with Drugs in a Room in NY

Ithaca College and Cornell Students - Don't get CAUGHT with Drugs in a Room in New York!

It's that time of year again and the students are almost back with us in Ithaca.  At Newman & Cyr, we felt it was important to do a BACK TO SCHOOL SERIES to give our incoming new and old friends some more info to make sure that they don't get caught up in the craziness of college and get charged with a crime in New York. 

Here's an excerpt from my ebook about how to keep yourself safe if you attend a college party or visit friends that you don't know well... 

The DANGER of Drugs Found in a Room in NY

"New York has a legal presumption that ANY drugs found in a room are

“possessed” by everybody in that room. This is true regardless of where the

drugs are found whether in a college dorm, house, or apartment.

Again, just like drugs found in a car presumption, if you are in a room with

drugs in "open view" and the police enter, then anybody in the same room as

those drugs may be charged with possession. This legal presumption will have

to be overcome and fought by your attorney."

Depending on the drug, you could be charged with a Class A misdemeanor (facing up to 1 year in county jail or 3 years probation supervision) or even a felony (where you face state prison time).  

Yes, it is true that these sort of "constructive possession" charges can be fought, but they require a local criminal defense attorney and that means time and money.  

So in the spirit of welcoming you Ithaca College and Cornell students back to school, be careful who you party with to avoid being put in an unfortunate and serious situation with the Courts. 

If you have questions about a drug possession charge or any other criminal defense matter in Ithaca, NY --you are welcome to give us a call, shoot us an email or fill out the form on our website.  Welcome back to college! 

BY MIKE CYR

607-229-5184

NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising

*Educational Purposes only. Copyright 2017 NEWMAN & CYR PLLC.

Ithaca Criminal Lawyer: Fingerprinting at the Ithaca Police Dept.

(Image courtesy cnycentral.com)

MY OBSERVATIONS/THOUGHTS
OF DIGITAL FINGERPRINTING
AT ITHACA POLICE DEPT.

My job as a criminal defense attorney is really interesting on a day-to-day basis.  I sometimes get to go places and see things that others are not able to see.  One of these instances happened to me this past week.  

I was wrapping up a case and my client was required to get "processed" by Ithaca City police before he could be sentenced by the Judge.  What does that mean? 

To be processed by the police involves a few things: 

-you give all of your personal information (name, age, address, height, weight, tattoos etc)
-you get your photo taken by the police for their computer
-and you get your FINGERPRINTS taken and uploaded into their computer
(and probably sent to BOTH state-wide and national databases --I asked two officers where they went, and they honestly were not sure what databases they got sent to...I can only assume that NSA, CIA, FBI, etc has access)

So, back to the story, my client and I went to IPD main building and waited to be processed.  In a few minutes, an officer came out and allowed us both to come back to the area in the station where people are processed.  I watched.  

This officer was a veteran of IPD and has been processing people for many, many years.  He was extremely polite and professional.  My client gave his info and had his picture taken without any kind of problem.  

Then, the officer started taking the fingerprints.  

I'll stop the story to explain that IPD uses a digital fingerprint scanner that is part of a computer --so the prints are uploaded to databases almost instantly--once they've been taken.  

Here is a picture of the closest thing I could find online that looked like the machine they have:  

(not IPD's scanner, just something that looked similar, image courtesy of ydr.com)

OK--so here is where the story gets interesting.  This very experienced officer began fingerprinting my client (who was very good-natured and patient) ... and the machine just wouldn't cooperate.  

I watched this officer unsuccessfully try to digitally fingerprint my client for almost AN HOUR.  They kept getting stopped on a particular finger (I think it was the right ring finger).  Apparently, your fingers have to be cool and not sweaty or the machine doesn't like to read the print.  

I thought that was less than ideal--since most people I encounter are nervous when they're dealing with the police and sweaty hands are a pretty common side-effect of being nervous. 

They kept wiping my client's hands with baby wipes and running them under cool water to reduce their temperature.  

After about a half hour of trying, a SECOND OFFICER came in to try to get the prints.  The first officer (who seemed to really know what he was doing), just said "I give up."  

It took the SECOND OFFICER about 20 minutes to finally get the computer to accept the prints.  This involved several cooling attempts under water because my client apparently had "a hot finger!"  

I just silently watched this epic ordeal.  There was nothing I could do to protest or help, so I sat their thinking about this process and the machine being used. 

MY THOUGHTS ABOUT THIS PROBLEM:

More and more, the scientific reliability of using fingerprints as evidence of a crime has been questioned.  As a defense attorney, the most important thing in a criminal case is making sure that the methods used by police and police forensic labs are true and accurate (and based on good science).  

In the past several years, many police forensic techniques have been DEBUNKED --by other scientists--to prove that the police methods were faulty or HAD NO BASIS IN REAL SCIENCE. 

I'm talking about the FBI Hair matching scandal.  ARTICLE HERE

Or BITE-MARK analysis  (that's not a scientific thing either )  ARTICLE HERE

I'm a lawyer that believes that it is part of my job to constantly be learning about the science behind police techniques.  I attended a seminar last summer where a forensic presenter talked about FINGERPRINTS.  

It has been established that Fingerprint evidence is NOT considered full proof.  Scientists have determined that 2 different people could have the SAME print.  However, it is a small margin (but it is possible).  That's when analyzing full and COMPLETE fingerprints.  

In truth, in most criminal cases, police investigators are only able to get PARTIAL fingerprints from a crime scene.  This is where I get scared as a defense attorney. 

PARTIAL FINGERPRINTS --are WHOLLY UNRELIABLE as evidence. If a prosecutor tried to use them in court I would be objecting enthusiastically.  Here's why:

I've seen images of what appear to be the same partial print side-by-side.  They look identical.... then when the full image of the prints are revealed...they are CLEARLY different prints.  It's jarring.  However, if a jury sees the identical partial prints, how could they NOT convict the Defendant?  

This brings it back to IPD's digital fingerprinting... and the problems I saw this week with the machine.  

I'm a skeptic about most things -- but seeing the problems these two experienced officers had with the digital machine, my confidence in that machine's ability to take proper prints from ANYBODY is now in question.  

What if the machine takes a bad print from you?   Then it goes into a state and national database.   

What if somebody commits a crime someplace with a similar print to you and you get charged?   What if you can't account for your whereabouts that day?  What if you're convicted of something you didn't do because of faulty or unreliable technology (and so-called Fingerprint science)?  

These are big questions --but I think most people would agree that it shouldn't take an hour to get somebody's fingerprints.  Maybe IPD and the City of Ithaca should help finance a new fingerprint scanner.  I think that fingerprints are too important (based on the how they're relied upon by police) for a machine to get them wrong...

Just one lawyer's opinion.  

BY ATTORNEY MIKE CYR

Phone: 607-229-5184

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:  @ithacadwi

Ithaca DWI lawyer explains 3 MYTHS about Plea Bargaining

MIKE CYR explains 3 MYTHS about

PLEA BARGAINING in a criminal case

Attorney Mike Cyr of Ithaca DWI: Defense Attorneys explains the 3 GREATEST MYTHS about Plea Bargaining!  

People mistakenly believe that a plea bargain is JUST a reduction of something you're charged with...that's false.  A plea bargain can be what we call a "legal fiction" where you plead guilty to something you didn't even do...because the outcome is best. 

People also mistakenly believe that when you plead guilty the charge is the only important thing.  For every case--BOTH what you plead to and the PUNISHMENT are critically important. 

People also mistakenly think that once a Prosecutor makes a plea offer...that's it.  Unfortunately, all plea bargains must be APPROVED by the JUDGE in your case.  

If you have questions, please call or email or fill out the form on our website.  607-229-5184

Find us online:  

www.ithacadwi.com
www.facebook.com/ithacadwi
www.ithacadwi.blogspot.com
www.ithacadwi2.blogspot.com
Twitter: @ithacadwi


*This video is NOT intended as legal advice nor does it form any attorney-client relationship.  If you are charged with a crime, consult with a local licensed criminal defense attorney immediately.*

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi 

Ithaca College Cornell lawyer: Need a bathroom? Don't PEE IN PUBLIC in Ithaca...

Image from BIG DADDY (1999)...peeing on a restaurant [great movie!]

DRUNK AND CAN'T FIND A BATHROOM?

(here's the consequences if caught in Ithaca, NY)

Public Urination in Ithaca

The Ithaca City Code prohibits urinating or defecating in any public place that is NOT a restroom/bathroom.  Common sense?   

Penalties (civil violation –not a crime)  Ithaca City Ordinance 250-8.

1. $100-$250 fine (first offense);  or up to 25 hours community service
or $100-$350 (second offense within 3 years); or 25 hrs comm. service;
or $100-$500 (third offense within 3 years); or 25 hrs comm. service;

2. Up to 15 days in jail  (only extreme cases)

Bottom line:

If an officer sees you --or sees you walking away from someplace covered in pee (or worse)...you can be cited.  It's a civil violation, but it is embarassing, and you will have to appear in Court and explain to Bob Sarachan, the City Prosecutor, why you decided to pee outside in the City limits.  Also, the Judge may embarass you further.  Jail is unlikely (even though it is listed as a sentencing option) and a fine is guaranteed in some fashion.  

The more you know! 

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca lawyer explains Ithaca City NOISE VIOLATIONS for Ithaca College and Cornell students

Scene from "House Party 2"

WHERE'S THE PARTY, BRO?

Today we are going to talk about Noise Violations (not crimes)...

            Ithaca has recently revised their City Noise Ordinances to make it easier for police to enforce noise violations and charge people.  The new laws go into effect on July 1, 2015.   However, the old laws work fine too in enforcing violators.  

Ithaca City Code, s. 240-4.  “Unreasonable Noise Prohibited.”

A. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made.

B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following:

(1) The intensity of the noise.

(2) Whether the nature of the noise is usual or unusual.

(3) Whether the origin of the noise is associated with nature or human-made activity.

(4) The intensity of the background noise, if any.

(5) The proximity of the noise to sleeping facilities.

(6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound.

(7) The time of the day or night the noise occurs.

(8) The time duration of the noise.

(9) Whether the sound source is temporary.

(10) Whether the noise is continuous or impulsive.

(11) The volume of the noise.

(12) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise.

Basically, there are many ways for the police to give citations for this ordinance.  The louder the party, the more likely it will be shut down.  Normally, the police will only cite the owners or tenants of the house/apartment.   Also, the Ithaca Police Dept. just purchased NEW noise decibel measuring equipment that they will use to enforce the noise ordinance.  This machine will be used as evidence of the violation at a trial.

Penalties (violation not a crime) Ithaca City Code s. 240-15

1. $100-$500 fine (first offense); or 25-100 hours community service;

or $200-$750 (second offense within 3 years); or 40-125 hrs comm. service;

or $300-$1000 (third offense within 3 years); or 50-125 hrs comm. service;

2. Up to 15 days in jail  [very unusual--but still an option in extreme cases]

*Notice how the penalties for Noise violations are pretty harsh?   It is because it is a big problem in a college town full of thousands of college students.

BOTTOM LINE:

If you mouth off to the police or don't shut the party down immediately ---or have serious sound equipment set-up, then you're much more likely to be cited for a noise violation (or worse).  However, if you cooperate and act politely, it would be in the police officer's discretion whether or not to cite you for a noise violation.  

Being nice can pay off.  

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca Montour Falls lawyer explains ORDERS and CONDITIONS of PROBATION in New York

WHAT ARE THE "ORDERS AND CONDITIONS" OF PROBATION 

IN NEW YORK?  

Or another way to ask that question....what RIGHTS are you LOSING when you're on probation in New York State?  

I've attached actual Tompkins County Probation Orders and Conditions for a DWI case... however, I'll go over some of the BIG RIGHTS you Lose on probation...

1.  Your Right to Privacy.  

-the probation officer can and will enter your home and inspect your stuff, speak to people there, speak to your family, and check out everything in your life.  If they find something that you shouldn't have or hear something about a prohibited activity, you can be in trouble.  Just like that.  

2.  Your Right to Travel.  

-you must continue to LIVE in the New York State unless you get permission from the court.  You're also not allowed to travel anywhere without the probation officer and court's permission.  Three years (or more) is a long time to stay in one place.  

3.  Your Right to be free from Unreasonable Search and Seizure. 

-your 4th amendment rights are basically gone.  They can search your house, car, etc.  Also, the probation department can ORDER YOU to give breath, blood, or urine samples for unannounced drug testing.  

4.  Your Right to Choose to Participate in Treatment. 

-you are REQUIRED to attend any recommended treatment programs during probation.  These include mental health treatment, drug and alcohol treatment, anger management treatment, parenting classes, or any other program they want you to attend.  It's not up to you anymore.

5.  Your Right to Possess or Consume Alcohol.  

-Most people do not understand that while on Probation, you are not allowed to HAVE ANYTHING TO DRINK.  Ever.  It's a big problem for most people who enjoy an occasional drink in the evening after work or socially with friends--even if you won't be driving.  If you get caught, then the probation officer can file a violation of probation with the court and you can be re-sentenced to jail or worse.  

Bottom line... Probation, in my opinion for most cases, is actually worse than jail. 

At least with a county jail sentence, you know how long you will be there...and then it's over.  That's it.  For felony cases where you are facing State Prison time, probation is usually better. 

You can see the Orders and Conditions of Probation below: 

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca Criminal Defense Lawyer explains: What is an ACD in New York?

(image courtesy of www.keepcalm-omatic.co.uk)

What is an ACD in New York?

An A.C.D. is an "ADJOURNMENT IN CONTEMPLATION OF DISMISSAL" and as all New York criminal defense lawyers know, it is the best possible outcome in a case.  

Here's how it works... 

If you are given an ACD, then you must have no new arrests for 6 months and your charge will be DISMISSED.

However, if you DO get a new arrest during that 6 month period, then the prosecutor CAN reopen your charge that got the ACD.  It basically reopens the case.  

Once your charge is DISMISSED at the end of 6 months, then your charge is SEALED (or shielded from public view).  This will protect you from having any criminal convictions coming up on a background check.  

What sorts of crimes in Ithaca are given an ACD?  

In my experience, it is much more common for a violation to be given an ACD than a misdemeanor.  Like...

-Harassment 2nd degree

-Unlawful Possession of Marijuana

-DIsorderly Conduct

(Bear in mind, negotiating an ACD even for a VIOLATION can be difficult...and requires a competent criminal lawyer)

If you are charged with a misdemeanor or felony, then it is MUCH LESS LIKELY that a prosecutor will be willing to ACD a case without very convincing evidence that you didn't do anything wrong.  It can happen, but you need a really good reason to give the judge and prosecutor.

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca DWI lawyer explains: Dealing with Police in Ithaca, NY

Ithaca Police Seal Copyright Cyr 2015

HOW TO DEAL WITH POLICE 

THE RIGHT WAY

Ithaca, NY is an interesting community because we have FIVE different police forces that operate and serve our community.   They are:  Ithaca Police Department, Tompkins County Sheriff’s Department, New York State Police, Cornell University Police, and Ithaca College Police (Campus Safety).   

THE COLLEGE/UNIVERSITY COPS ARE REAL POLICE.  Do not make the common mistake by students that college or university police are not “real cops.”  They are sanctioned, licensed, state-regulated police departments and they can charge you and prosecute you with as much power as any of the other departments.  

Copyright Cyr 2015

There are several common crimes associated with being disrespectful or belligerent with the police in New York.  They are: 

Obstructing Government Administration in the 2nd degree 

(Penal Law, s. 195.05)

Under our law, a person is guilty of Obstructing Governmental Administration in the Second Degree when that person intentionally [obstructs, impairs or perverts the administration of law or other governmental function or] prevents or attempts to prevent a public servant from performing an official function.  

Penalties:  Class A misdemeanor 

(1 year in jail/3 yrs Probation/1 year CD, $1000 fine, community service, court surcharges)

Note:  this crime is often used when somebody runs away from the police or refuses to comply with police orders when they show up to a house party or domestic call.   Basically, if you do not do what the police ask you to do when they show up, they may charge you with this crime. 

Resisting Arrest (Penal Law, s. 205.30)

Under our law, a person is guilty of Resisting Arrest when he or she intentionally prevents or attempts to prevent a police officer [or peace officer] from affecting an authorized arrest of himself or herself [or another person].

Penalties:  Class A misdemeanor (see above)

NOTE:  This one is self-explanatory.  If an officer is trying to arrest you, do not struggle or you will likely add charges and make the situation worse.  

KEY POINTS TO REMEMBER: 

Always be respectful, courteous and polite when interacting with police officers.  They carry a tremendous amount of power and have a lot of discretion as to who they can arrest and what they can charge you with... 

Even if you are being arrested, be sure to always be polite and respectful --even if you are exercising your right to remain silent.  It can mean the difference in working out a good outcome for your case.  

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca DWI Criminal Lawyer explains: HAZING laws in Ithaca, NY

(image courtesy of www.rmfeducation.org)

HAZING LAWS IN ITHACA, NY

            TODAY WE ARE GONNA TALK ABOUT HAZING... A POPULAR TOPIC IN A COLLEGE TOWN SUCH AS ITHACA.  

There are laws in New York specifically designed to combat Hazing practices.   Typically, these laws are used against high school and college students for initiation rituals and abuse.  Cornell University has an unfortunate history of hazing in its fraternities and several frat brothers have been charged with these crimes in the past several years.  In my time at Ithaca College back in 2004, I was aware of some minor hazing on some of IC’s sports teams.  Fortunately, nobody was hurt at the time.  

Usually, hazing involves some kind of pressured drinking situation in college --but it can mean pretty much anything that has the potential to hurt somebody. 

There are 2 laws that are written to combat HAZING:

Hazing in the 2^nd degree (Penal Law, s. 120.17)

             Under our law, a person is guilty of Hazing in the Second Degree when, in the course of another person's initiation or affiliation with any organization, he or she intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person [or to a third person].

Penalties:  This is a violation, not a crime (so no criminal record), but you would be subject to fines, up to 15 days in jail, court surcharges, and a 1 year conditional discharge.

Hazing in the 1^st degree (Penal Law, 120.16)

            Under our law, a person is guilty of Hazing in the First Degree when, in the course of another person's initiation into or affiliation with any organization, he or she intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person [or to a third person] and thereby causes such injury.

Penalties:  Class A misdemeanor (this is a crime)

-up to 1 year in jail

-up to 3 years probation or 1 year Conditional Discharge

-up to $1000 fine

-court surcharge

*Note:  The difference between the two laws is that in the lesser violation no injury is present.  In the more serious crime (Hazing 1^st), an injury has actually occurred.  So be aware that if you PARTICIPATE IN HAZING (even if no injury is caused) you can be charged with a violation.  

Also, most colleges and universities have "zero tolerance" policies against Hazing rituals.  The past several decades have been filled with tragedies as college students have died doing peer pressured activities, like excessive drinking or other dangerous activities.

Even if you escape the criminal justice system unscathed, it is pretty likely that you will NOT escape school discipline up to expulsion. 

--SUMMARY THOUGHTS--

Be smart about what you participate in.  Hazing of any kind can be prosecuted in NY... and it will reflect poorly on you for a long time (and could cost you your education).  

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi