marihuana dismissal...

Under cpl 210.46 New York Courts are permitted to grant an adjournment in contemplation of dismissal for one year, however where there is a need for an earlier dismissal he court nay dismiss the case outright earlier than the one year permitted under this rule.

In many cases, where holding open the case for a Period of one year may have a gravely negative impact on the defendant the dismissal in the interest of justice under 210.46 may be a very valid option that defense counsel may want to consider.

DWI update

Soon new York state will require that all persons taking a plea to any driving under the influence charge to place an ignition lock on their vehicle, it is extremely important that you have an experienced attorney for your defense as now such charges can mean major impositions on your ability to drive.

Assigned counsel plan...

The state of new York will likely be ending it's contract for assigned counsel in the State, ensuring that many poor defendants are not afforded a proper defense.

It seems as if justice once again has had a price placed on her head.

when does double jeopardy start?

article 40.30 of the criminal procedure law holds that once a person is convicted or pleads guilty of a crime they can not be recharged for the same crime based on the same events. However, there are other situations where there isn't a trial or a plea. In such situations things aren't so straight forward.

In such situations article 40.30 holds that where there is a jury trial once the jury is sworn in double jeopardy starts and where there is no jury trial double jeopardy begins after the first witness in the case is sworn in.