Showing posts with label cornell university lawyer. Show all posts
Showing posts with label cornell university lawyer. Show all posts

Wednesday, March 25, 2015

FRESHMAN SERIES: How a Crime Affects Your Academic Life

HOW A CRIME AFFECTS YOUR ACADEMIC LIFE


For college students, getting charged with a crime can affect their lives in many, many ways.  

The criminal charge puts the student's freedom on the line.   It causes problems and stress with the student's family.   It can also cause significant penalties with the student's college or university --including, but not limited to, expulsion.  

Most colleges and universities have Student Conduct Policies.  These policies vary, but are pretty similar when it comes to criminal allegations.  They are usually very long and detailed and lay out the procedures that govern violations of the policy or policies.  

Some schools will wait until a criminal charge is resolved before bringing academic charges against a student.  These colleges believe in waiting for the criminal justice system to play itself out before imposing discipline.   However, other universities will impose their discipline when a criminal charge is brought --and NOT wait for the system to resolve the crime.   There is no standard for this concept and each school is free to discipline it's students as it chooses.  

I will lay out parts of the Ithaca College and Cornell University policies below...

At Ithaca College, the student is allowed an administrative hearing as described here: 


"7.1.2.2.10 Right to a Hearing on Campus
As amended by the Ithaca College Board of Trustees May 21, 2011 and May 16, 2014.
All students accused of violations of the "Statement of Responsibilities" (below) will be guaranteed written notice of charges and have the right to a hearing. This right includes adequate notice of hearing, information concerning the evidence against them, the opportunity to present evidence in their own behalf, and written notice of the decision. Students should be aware that the judicial process is different from criminal and civil court proceedings. Procedures and rights in the judicial process are conducted with fairness to all, but may not include the same protections of due process accorded by a court of law. Decisions will be made based on preponderance of evidence showing that it is more likely than not that a student was responsible for a violation. If a student with a disability needs a reasonable accommodation in order to participate in any aspect of the judicial process, including an individual judicial hearing or a Conduct Review Board, then the student must submit a request through the Office of Academic Support Services for Students with Disabilities."
The important thing to notice at IC is that their policy is proving guilt by a preponderance of the evidence standard.  So, hypothetically, you could positively resolve a criminal case in court where "beyond a reasonable doubt' is the standard, and still be kicked out of college using the lesser "preponderance of the evidence" standard (which is much easier to prove).

At Cornell University, the Student Code of Conduct is very, very long and detailed... here's 
a snippet:  
"A. Basic Policies on University Conduct Regulation in Relation to Public Law Enforcement 
The following basic policies will apply in situations where misconduct violates both a University conduct regulation and the public law: 
1. The following kinds of offenses are adjudicated in the public courts: all felonies, controlled substance offenses, motor vehicle moving violations, assaults upon a peace officer or resisting arrest, refusals by persons to identify themselves, as well as cases in which the complainant wishes to proceed in the courts and cases involving accused persons who are not members of the University community. Still, the Judicial Administrator has discretion to pursue even serious breaches of the law under the Campus Code of Conduct. Timely dealing with alleged misconduct is vital. Nevertheless, the Judicial Administrator should consider whether justice counsels withholding the exercise of University jurisdiction until public officials have disposed of the case by conviction or otherwise. 
2. When the Judicial Administrator determines that misconduct does not constitute a serious breach of the law and that the interests of justice would be served by handling such misconduct within the University jurisdiction, he or she shall: a. attempt to exercise jurisdiction in a manner to avoid dual punishment for the same act; b. cooperate with public officials so that the exercise of University jurisdiction ordinarily will not be followed by public prosecution of the individual’s misconduct; and c. withhold the exercise of University jurisdiction, when prompt public prosecution is anticipated or is under way, until public officials have disposed of the case by conviction or otherwise."
Basically, Cornell leaves itself the option to prosecute the student after criminal charges are resolved in the court system OR beforehand...depending on the case.  The university can do whatever it deems necessary given the situation.  This is pretty typical.  
--SUMMARY THOUGHTS--
If you are an Ithaca College student or Cornell University student and are charged with a crime, be sure to understand the academic discipline you are facing as well as the charges in court.  Both can profoundly affect your life and more importantly, your future.  

BY:  Attorney Mike Cyr 

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

Twitter:   @ithacadwi


Sunday, March 22, 2015

BAD IDEAS: Twitter, Facebook, Instagram & your Case


POSTING STUFF ON THE INTERNET DURING YOUR CRIMINAL CASE = 

A BAD IDEA


Why's that?  


1.  The internet has made catching criminals SOOOO easy for police & prosecutors.

Really.  It's like shooting fish in a barrel.  Here's a couple of examples...
Facebook, Instagram, Twitter

a) You're charged with DWI.  The prosecutor searches your name on Google and comes up with several photos of you doing keg stands in college.  BOOM.  Goes right into the trial folder and will be shown to a jury.  

b) You're charged with assault in the 3rd degree.  The police searches for your name and comes across your Twitter account.  You made a couple racist jokes (purely in jest) and it turns out the guy you hit in a bar room brawl was black.  BOOM.  Goes into the trial folder. 

c) You're charged with a speeding ticket.  Prosecutor searches for you online and finds your instagram account riddled with pictures of fast cars, posters of Fast & Furious, etc etc etc. BOOM.  She'll try to introduce it as evidence of a pattern of speeding or a desire to speed.  

2.  ANYTHING written online ---status updates, Tweets, captions---are Admissions.

I've covered this in a couple posts.  If you verbally say anything or write anything...it can be used against you.  So don't.  Even things you've said in the past can come back to haunt you. 

Previous Tweets, Facebook posts, photos, things you've "LIKED" on FB, groups you belong to, etc etc etc.  These things can all be turned against you in a criminal case.  

3.  The internet lasts FOREVER.  Once it's out there...it's out there.  

Oh, but I could delete my account!   Nope.  That stuff is stored on servers at Facebook and Twitter and Instagram.  All it takes is a valid subpoena for Facebook, Twitter, etc  to produce things from your online accounts in a criminal case.  Therefore, I caution you against putting offensive things online that could be construed in a negative light against you.  

---SOLUTIONS & ADVICE---

I'm not advocating for you to never use the internet again.  Just be smart about it.  

I advise all my clients charged with crimes to suspend their Facebook and Twitter accounts during the criminal case.  It's not worth it.  Don't give the prosecutor a chance to google you and discover more ammunition against you.  I know it's hard to unplug...but when your freedom on the line it should be an easy decision. 


BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
Twitter:   @ithacadwi






Saturday, March 21, 2015

BAD IDEAS: Writing Letters or Emails of Apology during a Criminal Case



DON'T SAY YOU'RE SORRY



Normally, in every day life, I encourage people to take responsibility for their actions and apologize. It's moral.  It's good for the soul.  

HOWEVER, during the context of a criminal case...it is a BAD IDEA.  

Here's why:

1.  A written apology (either handwritten or electronic) is EVIDENCE OF GUILT.  

This is probably self-explanatory; however, you would be surprised how many of my clients come to me looking for a better deal from the prosecutor AFTER they have already written a letter of apology and sent it onward.  

Once the prosecutor has a letter of apology in their possession AND a deal has not yet been worked out.... you are at their mercy.   You just strengthened their case and weakened your own simultaneously.  
Sad Dr. Who (courtesy www.quickmeme.com)

2.  Wait until the government is out of the picture --BEFORE you apologize.  

It is honorable to apologize to somebody you have wronged.  However, like most things in life, timing is everything.  Once your case is over (and your attorney tells you it is OK) it would be appropriate to say you're sorry.  

It is not smart to give the state more ammunition against you --the deck is already stacked in their favor without any help from you.  

3.  Never give an apology without permission from your lawyer.  

In some cases, I have actually had clients write apologies to victims AS PART OF A NEGOTIATED PLEA DEAL.  That's the important part.  

I had already negotiated a favorable deal for my client --and had it confirmed in writing from the ADA before I instructed my client to write something in apology.  

There is some gamesmanship that goes into plea deals and defense attorneys need to use everything in their arsenal to get the best possible outcome for their client.  An apology --when used correctly--can be an effective tool in reducing charges and getting favorable deals.  

--SUMMARY---

Always run a possible apology by your lawyer.  [Make sure you have a lawyer].  Don't make the mistakes listed above to give yourself the best chance to avoid criminal penalties.  You can always apologize after the case is concluded and double jeopardy attaches (then they can't come after you for same crime).  


BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
Twitter:   @ithacadwi

Friday, March 20, 2015

BAD IDEAS: Talking to the Prosecutor



BAD IDEA SERIES:  Having a Conversation with the Prosecutor



Here's why this is a TERRIBLE idea...

1.  The Prosecutor's job is to PUNISH you.  

If you are charged with a crime or a traffic infraction.  The Prosecutor's job description is to prosecute you.  In other words, to "see justice is done."  Alternatively, their job is to "punish you to the fullest extent of the law."  
Jack McCoy, Prosecutor, LAW and ORDER

You are not having a conversation with somebody who is looking out for your best interests --since their interests are in direct conflict with your own. 

2.  Anything you say or write to the Prosecutor "can and will be used against you in a court of law."

If you are charged with a crime/ticket, literally ANYTHING spoken or written by you constitutes an "admission."  Admissions may even be statements that seem insignificant.  

For example, you could admit to visiting your parents house in Ithaca last week.  Then, unbeknownst to you, the prosecutor uses your admission (and other factors) to charge you with something that happened "in Ithaca last weekend."  

3. Once the Cat's Out of the Bag ---a Defense Attorney Can't Fix it! 

I often get phone calls from people who tell me, "Well, I tried to handle my case, but I didn't like what the prosecutor said to me...and I need your help."

This statement causes defense attorneys to inwardly groan.  We groan because we know our job just got exponentially more difficult.  In most cases like this, a client either sent an email, or had a conversation with, or wrote an apology letter to a prosecutor.  

Once that happens--the prosecutor has a GREAT CASE against you.  If we went to trial tomorrow, they would be all set, and the client's defense has been destroyed.  

--SOLUTION TO THESE ISSUES--- 

Hire an attorney.  If it's a traffic ticket, criminal charge, or DWI, the lawyer can say anything he/she wants without ruining your possible defenses or potentially making the prosecutor angry. The lawyer acts as your buffer between admitting stuff and negotiating a good result.  


BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
Twitter:   @ithacadwi

Thursday, March 19, 2015

BAD IDEAS: Tellin' It to the Judge


Welcome to my "BAD IDEAS" series!  


In my professional, legal opinion, it is a BAD IDEA......TO TALK TO A JUDGE during your case.



To some, this may seem like common sense. To others, you may ask, what's the big deal?  


Here's the big deal: 


1.  If you are charged with a crime (or even in a civil case), anything YOU SAY or WRITE will be treated as an "admission" by the Court and Prosecutor.  

Angry Judge

Therefore, if you come to your initial appearance in court (arraignment) and start trying to explain to the Judge about your case.... (whether the prosecutor is there or not)...you have now made the Judge A POTENTIAL WITNESS TO YOUR ADMISSION.  

So, who cares if the judge is a witness???   Answer:  the JUDGE does. 


She/he doesn't want to be a witness in a criminal case--they want to be a Judge. 


They do not want to be subpoenaed by the District Attorney's Office to testify to what you admitted to or said during some court appearance.  This makes them mad because they will have to recuse themselves from the case.  But it would not surprise me if the next Judge also learns about what was said... it's all bad.


2.  Even if you do NOT reveal anything about your case, you may say something that MAKES THE JUDGE MAD.  Or less sympathetic.  Or rubs them the wrong way.  Or is annoying.  


I think that is pretty clear.  It's not safe to chat with Judges.  Too much is at stake.


Be polite and brief and only with the blessing of your attorney.  


3.  If you reveal something to a Judge, they could (on their own or through other channels) make matters much worse for you.   


Hypothetically, they could influence added charges, increase fines, increases jail sentences, shorten payment deadlines, etc etc etc.


Judges are incredibly powerful people. Don't anger the judge.  


--BOTTOM LINE--

Let your lawyer talk to the Judge.  It's their job.  Don't risk any of the above things happening to you.


BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
Twitter:   @ithacadwi

Tuesday, March 17, 2015

GREEN BEER & DWI IN ITHACA

HAPPY ST. PATRICK'S DAY! 

I'm 75% Irish and I'm from Boston so St. Patty's has always been a part of my life.  As proof of my heritage, my younger brother is named Patrick.  lol


Courtesy 2beerguys.com

Unfortunately, St. Patty's is also a BIG DAY for drunk driving.  In Ithaca, the problem is even more pronounced than in some other areas due to the large population of college students at Ithaca College, Cornell University, and Tompkins County Community College (TC3).  




St. Patty's is known for binge drinking green beer, chugging Irish Car Bombs [a shot of Baileys Irish Cream put into a pint of Guinness], and drinking copious amounts of Jameson Whiskey. 




It's a big part of our American culture that it is expected for college students to drink. College kids also drink with a singular purpose...to get DRUNK.  

I won't talk about the health risks of excessive drinking (I'm not a medical doctor), but I will address the dangers of excessive drinking and DRIVING.  The focus of this blog is drunk driving, and St. Patty's Day gives college drinkers an excuse to get blasted and drive on a Tuesday. 

As a DWI defense lawyer, my advice is this:  know your limits, call a cab, and take the keys from any friend or relative that you know has had ANYTHING TO DRINK before getting behind the wheel.  The police will be out tonight in full force.... meaning the ENTIRE force will be on the lookout for DWI's.

If you get caught (even if you don't hurt somebody or yourself), you could end up with a permanent criminal record that stays with you your whole life.  Not to mention your exposure to a jail sentence, fines, drunk driving classes, loss of license, ignition interlock device requirements etc etc etc.(see some of my other blog posts).  

New York has some of the harshest DWI laws in the USA.  You don't want to experience that statistic first hand...

Please celebrate the holiday -but do it safely.  Party on, Wayne! (90's reference --I'm betraying my age)  

HAPPY ST. PATTY'S DAY & Party Smart!  


BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
Twitter:   @ithacadwi

Thursday, March 12, 2015

3 ways your DWI will NOT suspend your license


Here are THREE examples of when you will NOT get your New York driving privileges suspended following charges for DWI, DWAI (drugs) or DWAI (combined drugs/alcohol).  

Now these situations all have one thing in common at the start of a case---LACK OF LEGAL PROOF.  There's a legal threshold to charge somebody with a crime and then there are additional thresholds to prosecute somebody further throughout the criminal judicial process.  

1.  If your BAC (Blood Alcohol Concentration) is LESS THAN 0.08% [which is the NY legal limit], then the Judge cannot suspend your license at the first court appearance.  If the BAC number on the certified breath test or blood test does not rise to the level of 0.08...then the Judge cannot suspend your license pending prosecution.  This is because the prosecutor does not have the LEGAL PROOF of impairment of a BAC over 0.08%.   The law that says this is Vehicle and Traffic Law s. 1193 (2)(e)(7).  

However, like all things in the law, there is an exception.. if your license is a "Junior License."  .If you are under 18 years old, your license is a "DJ" or an "MJ": [which stands for Driving Junior or Motorcycle Junior respectively], and ANY alcohol related charge allows a judge to suspend your license under VTL s.1193 (2)(e)(7)(a-1) , NY has a "zero tolerance" law that allows a Judge to suspend driving privileges if the under age Defendant has ANY alcohol in their blood.  So even a BAC of 0.01% allows a judge to suspend a youth's license in NY.

What if the BAC is exactly 0.08% ???? 

Well, the law seems clear in a way on this--but it wouldn't surprise me if a judge went the other way.  Here's some history, NY used to have a legal limit of 0.10% BAC for drunk driving charges.  Today, it's been lowered to 0.08% to match the rest of the country.  

There was a landmark DWI case in New York in 1996 called Pringle v. Wolf.  This case made clear that Defendants had a right to a hearing about suspending their driver's license at the beginning of a DWI case as well as other important things.  

In that case, the state's highest court [NY Court of Appeals] said that:  "The court may NOT order suspension of a driver's license unless it has in its possession the documented results of a reliable chemical test showing that the driver's blood alcohol leve was in excess of 0.10% as shown by the test."

Obviously, the law is now 0.08% but the principle in the case remains the same--therefore, it is my professional opinion that if you have a BAC of 0.08% or less, then the court should NOT suspend your driving privileges. 

2.  If the prosecutor cannot provide a CERTIFIED BREATH TEST at the initial appearance, then the judge cannot suspend your license.  VTL s. 1193 (2)(e)(7).   This piece of paper is the legal proof required for a judge to suspend.

3. If the prosecutory cannot provide the BLOOD TEST RESULT at the initial appearance, then the Defendant cannot have their license suspended.   This is pretty common.  

I see the lack of blood results all the time because it usually takes 6-8 weeks following a blood draw for the prosecutor to obtain a copy of the blood result.  Therefore, Defendants charged with DWAI (drugs) or combined drugs/alcohol usually do not have their license suspended immediately.  

There is an upside and downside to this...since the DMV only allows you to apply for a "pre-conviction conditional license" after your license has been suspended for 30 days under the above law, if you have to wait to get suspended while waiting for a blood test result, then you will also have to wait an EXTRA 30 days after the suspension to apply for your conditional license.  That means, that you can only apply for a "hardship license" at that moment when the prosecutor gives the blood test results --and those are harder to get.  Hence the name, "hardship license."   So, basically, DWAI drugs charges really suck.  

--SUMMARY THOUGHTS--

As you can see, the above stuff is pretty complex.  There's always exceptions or things to think about with your license when a DWI charge of any kind is on the line.  Just be sure that you're confident with your attorney before you walk into court and don't be afraid to ask questions --not only about your criminal charges, but also about what will happen to your license.  

Thanks for reading!  



BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
Twitter:   @ithacadwi