Ithaca Elmira DWI attorney: Don't LIVE STREAM yourself Drunk Driving in NY (or ever)

(image courtesy kerismith.com)

Don't LIVE STREAM yourself

Drunk Driving on the Internet

in New York (or anywhere).

I keep up with DWI and DUI related news on a daily basis as part of my job as a criminal defense attorney.  Sometimes, I share some things I read on this blog.  This is one of those times. 

--

In FLORIDA about a week ago, a 23 year-old woman made the error of driving while intoxicated.  To make matters worse, she also drove drunk while playing with her cell phone (drunk + distracted driving).  Then to make matters inescapably even worse...SHE LIVE STREAMED it online!  

She used an app called "Periscope" to broadcast her actively drunk driving to millions of viewers on the internet.  

In fact, the police used her broadcast to track her car down and arrest her.  Fortunately, she only destroyed some property and nobody was hurt. 

Here is a link to one of MANY articles about it. 

NOW WHAT HAPPENS TO HER? 

As most of you with brains can imagine, her defense attorney has absolutely no case to defend her.  In addition to breaking the law, she has given the prosecutor and police iron-clad proof to convict her and punish her to the fullest extent possible.  

BOTTOM LINE:

I encourage my clients to not break the law (usually after they have done it once already).  However, I also encourage people to be very careful about what they post online to social media and other sites.  If you put something online, whether good or bad, it can come back to bite you.  Be careful the power of the internet.  Once it's out there...it's out there. 

By Attorney Mike Cyr

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

Phone 607-229-5184

E: mike.ithacadwi@gmail.com

Ithaca Criminal Lawyer: What does "CONVICTION" mean in New York?

WHAT DOES "CONVICTION" MEAN

IN NEW YORK?

In this video, Attorney Mike Cyr explains what the legal term "Conviction" means in New York...

We get phone calls all the time with questions about legal issues in New York or confusion over legal terminology.  One such question about the word "conviction" gave us the idea for this video.  

You can be "convicted" in New York of all different kinds of things.  You can be convicted for a traffic ticket --or you could be convicted for MURDER!   That's a huge range of crime. 

The word just means that you pled guilty to something (or were found guilty of something) in New York.  It means that you were found to be responsible for something... nj[=pp;

So if somebody says to you, "I was convicted in New York."   All that tells you is that they had some brush with the NY legal system, it DOES NOT tell you what sort of traffic violation or crime they were involved in...so you need to ask. 

I hope this video is helpful.  If you have any additional questions about the New York criminal system (or a case you are facing), 

call us: 607-229-5184

Send me an email:  mike.ithacadwi@gmail.com 

www.ithacadwi.com 

www.facebook.com/ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

www.twitter.com/ithacadwi  OR @ithacadwi

*This video is not intended as legal advice.  If you are charged with a traffic violation or a crime, we strongly urge you to consult with a local, licensed criminal defense attorney.  

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BY MIKE CYR 2015

Ithaca Elmira Lawyer: Can you get an ACD for a Marijuana Offense in NY? CPL 170.56

Can you get an ACD (Dismissal)

for a MARIJUANA Offense

in New York?  

In this video, Attorney Mike Cyr explains about a special law in New York that allows for an "Adjournment in Contemplation of Dismissal" for a single marijuana offense.  

There are certain criteria that you must meet to qualify for this special law:

-you cannot have a criminal record
-you cannot have ever used this law before
-you can only be charged with 1 offense 
-you must file a legal motion (need a lawyer)

Criminal Procedure Law 170.56 is a very special law in New York that was designed to help people only charged with a marijuana offense --this includes ANY level of crime as long as you only have 1 charge.  

This law is really critical is you are charged with a marijuana offense in New York and rely on ANY Federal Student Loans or other Student Aid -- because it can help save your ability to go to college or graduate school if used right.  

If you have questions, call us: 607-229-5184 

Send me an email: mike.ithacadwi@gmail.com

Find us online:  www.ithacadwi.com

BLOG:  www.ithacadwi2.blogspot.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

*This video is NOT intended as legal advice.  If you are charged with a crime or violation in New York, we strongly urge you to consult with a licensed attorney.

*Attorney Advertising

BY MIKE CYR

Ithaca Lawyer: Problems with AUO charges in New York

THE PROBLEMS with

AUO 

("Aggravated Unauthorized Operation") charges in New York

In this video, Attorney Mike Cyr explains the problems with Aggravated Unauthorized Operation charges in New York.  

Let's begin:  Aggravated Unauthorized Operation or "AUO" charges are basically New York's version of driving on a suspended/revoked license.  

AUO in the 3rd degree --the lowest of the AUO family of charges, is a CRIMINAL CHARGE--that carries penalties that include jail, probation or conditional releases.  It is very serious charge that must be dealt with directly.  

If you are convicted of an AUO in New York--you will get a PERMANENT, LIFETIME criminal record.  It is a big deal.  NOTE:  There is no expungement in NY of criminal records.

An AUO presents special challenges because we have to perform a two-step process with every case that we defend.  First, we have to figure out WHY you were suspended or revoked originally.  Second, we have to make sure that underlying suspension is cleared up.  Third, we have to provide proof that your suspension is clear to the prosecutor and the Judge in order to begin defending the AUO charge... 

It's a process as you can see.  The point I want to convey clearly is that AUO charges range from a criminal misdemeanor to a FELONY.  They are serious charges that require a criminal defense attorney to represent you.

If you have questions about an AUO charge in New York, call us:

607-229-5184

Send me an email:  mike.ithacadwi@gmail.com

Find us online!  www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi  or @ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

*This video is not intended as legal advice.  If you are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney. 

*Attorney advertising

BY MIKE CYR

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: Lawyerin' in Elmira City Court

Elmira City Courthouse, Copyright CYR 2015

LAWYERIN' A DWI CASE IN 

ELMIRA CITY COURT

As part of my ongoing series about Courts I frequent, here is some information about ELMIRA CITY COURT.  

Elmira City Court is a very busy court in the Finger Lakes region of upstate New York.  They have criminal matters heard on a regular basis --and a special DWI day to handle the heavy caseload. 

*NOTE:  If you have a DWI in Elmira City Court, it is very difficult to get a hearing on whether there was probable cause to suspend your license (called a PRINGLE hearing). The Judges are extremely reluctant to entertain the issue --and only in very particular sets of circumstances.  Just fair warning. 

When you enter the Courthouse you go up a large staircase and on the 2nd floor are the two courtrooms.  If you turn LEFT at top of stairs you will enter the larger of the two courtrooms.  Smaller one is on right.  The clerk's office is just across the way from the top of the stairs. 

ADDRESS: 

317 E. Church Street 
Elmira, NY 14901
(Corner of Lake & Church Streets) 

Phone 607-873-9520

Fax 212-401-9240

Email: ElmiraCityCourt@courts.state.ny.us

Hours of Operation:

Monday through Friday 8:30 a.m. to 4:30 p.m.

Judges

Honorable Steven W. Forrest 

Honorable Ottavio Campanella


Chief Clerk
Casey Johnson   (who used to be a clerk in Ithaca Town Court! so we know Casey pretty well) 


Assistant District Attorneys assigned to Court:  

ADA Jordan Yorke 
ADA Sophie Marmor  (handles a lot of DWI's)
ADA Kevin O'Shea 
ADA Jason Cook

NOTE:  If you get there early and tell the Court Officer who you are, they will put you on the list to be heard.  It is mostly a first-come, first-serve basis.  If you are represented by counsel (which I suggest), they take Attorney cases first.

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 Criminal Lawyer explains: Assault in the Third Degree Charges

(Image courtesy of everylastrep.com)

Ithaca Criminal Lawyer explains:  

Assault in the Third Degree in NY

Fighting is a common occurrence in college.  It happens at parties, in bars, and outside (usually alcohol is involved).   Like most NY crimes, there is a sliding scale based on if there is an injury to a person, if weapons were used, and number of people involved.  I’ll go through the common charges associated with college fighting. 

Assault in the 3rd degree (Penal Law, s. 120.00(1))

Under our law, a person is guilty of Assault in the Third Degree when, with intent to cause physical injury to another person, he or she causes such injury to that person [or to a third person]. PHYSICAL INJURY means impairment of physical condition or substantial pain.

Penalties:   Class A misdemeanor 

-up to 1 year in jail

-up to 3 years of Probation (closely monitored by the state)

-up to $1,000 fine

-permanent criminal record if plea or convicted!  

*NOTE: If a weapon is involved, then the charges increase dramatically.  

Fighting charges can be complicated because it is always a question as to “who started it?”  There is also the question if somebody was acting in self-defense.  If somebody gets hurt during the fight, then the seriousness of the case increases too.  

My best advice?  If you're a college student and a fight breaks out that you can safely avoid, it is in your interest to get out of there. 

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 Cortland lawyer explains DRUGS found in a Car Are Possessed by EVERYBODY IN CAR in New York!

NEW YORK's LEGAL PRESUMPTION THAT DRUGS FOUND IN A CAR...

ARE YOURS

As I explain in the video above, the New York legal presumption that any "loose drugs" found in the passenger compartment of a vehicle are CONSTRUCTIVELY POSSESSED by everybody riding in the car.  

It's a very broad legal presumption.  It must be fought right from the start of the case.  If you are riding in a vehicle with people you don't know or in a car you don't know, this could happen to you.  

However, this presumption can and should be fought by anybody charged with Criminal Possession of a Drug by the police. 


BY:  Attorney Mike Cyr 

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

Twitter:   @ithacadwi

Ithaca Cortland lawyer DRUGS found in same room with you are PRESUMED to be YOURS in New York

DRUGS FOUND IN SAME ROOM AS YOU BY POLICE ARE PRESUMED

TO BE YOURS! 

This New York presumption is known as "CONSTRUCTIVE POSSESSION."  It applies to both CARS and ROOMS.  

If the Police find drugs out in the open of a room, and cannot figure out who actually owns/uses them, then they have the POWER to charge everybody in that room with POSSESSION of those drugs. 

Presumptions like this need to be fought by your lawyer.  Any evidence to the contrary can help relieve the burden of a legal presumption like this one.  

Basically, this presumption allows police to charge everybody THEN SORT OUT THE TRUTH ...LATER.  

It's not fair, but it is the law in New York.  So it is important to know about it.

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