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.