New York Criminal Attorney Blog

NEW YORK SPEEDY TRIAL – Part 3 – What must the prosecution do to validly answer ready for trial

June 11, 2011 | Jasmine Hernandez

We have been writing about the importance of New York’s Speedy Trial statute to experienced criminal defense lawyers and how we have had serious cases dismissed based upon the denial of a speedy trial. In our previous blog, we discussed the fact that New York’s Speedy Trial statute is not in fact a speedy trial statute but rather a speedy readiness statute that is satisfied once the prosecution announces their readiness for trial and that fact that this reality sets up a game where prosecutors announce readiness only when they do not expect the case to go to trial and then mysteriously are not ready when the case can go to trial. But, what must a prosecutor do to validly announce his readiness for trial? For example, do the witnesses need to be waiting in the Courthouse?

Actual readiness for trial does not require the prosecution to physically produce their witnesses each and every time they assert trial readiness, because “[a]side from its impracticality, such a requirement would be unduly burdensome and vexing to witnesses.” People v Robinson, 171 A.D.2d 475 (1st Dept. 1991).

Therefore, “[t]he People are not required to contact their witnesses on each and every adjourned date and neither statute nor case law requires that the People have the ability to produce their witnesses instantaneously in order for a statement of readiness to be valid.” People v. Dushain, 247 A.D.2d 234, 236 (1st Dept. 1998)(internal citations omitted) see also People v. Camillo, 279 A.D.2d 326 (1st Dept. 2001)(The People are not required to contact their witnesses on every adjourned date nor do they have to be able to produce their witnesses instantaneously in order for a statement of readiness to be valid).

NEW YORK SPEEDY TRIAL – Part 1

June 1, 2011 | Jasmine Hernandez

As summarized in our recently posted New York Speedy Trial web page, the New York Criminal Procedure Law contains a statutory speedy trial requirement which is separate and apart from the constitutional right to a speedy trial and which is a very valuable tool in the arsenals of experienced criminal defense lawyers in New York. In this and upcoming blogs we will highlight some of the more important aspects of New York speedy trial.

Firstly, the statutory periods vary depending on the seriousness of the offense. That is to say that the time from the commencement of the action until the time that the people must be ready for trial or face dismissal of the action varies depending on the seriousness of the offense. They are as follows:

Felony; Six months from commencement less excludable periods. [CPL 30.30(1)(a)]

SPEEDING TICKET ATTORNEY FOR BEDFORD NEW YORK ONLY $195.00*

May 19, 2011 | Tilem & Associates

Did you receive a ticket for a traffic infraction such as speeding, red light or tailgating that is returnable to the Bedford Town Court? The attorneys at Tilem & Campbell can represent you in court for a flat, one-time fee of $195. Our lawyers are experienced in all aspects of traffic ticket defense and in most cases you will not have to appear in the Bedford Court with us. While past results don’t guarantee a particular outcome in your case, we have about a 95% success rate at getting traffic infractions returnable in the Bedford Court reduced or dismissed. Sometimes the court does require the driver’s attendance if the speeding ticket alleges a high speed (typically 90 mph or over). We sometimes see speeding tickets alleging high speeds on I684.

YOU MUST MENTION THE “SUMMER SPECIAL” THE FIRST TIME YOU CONTACT US TO RECEIVE THIS SPECIAL $195.00 FEE.

*Our $195.00 flat fee “SUMMER SPECIAL” expires August 31, 2011. The Summer Special fee only covers all traffic infractions except leaving the scene of an incident and DWAI. If you were issued multiple tickets at the same time, returnable to the same court on the same date and time, our fee for each additional ticket is $25. Therefore, if you received five tickets during the same stop, our fee to represent you would be $295.00. Criminal charges are not covered by the Summer Special fee. The fee must be paid and received by Tilem & Associates before midnight on August 31, 2011. Should you wish to retain Tilem & Campbell to represent you on a traffic infraction, we will provide you with a written engagement letter which will set forth the terms of our agreement. That retainer agreement will control our agreement.

Bronxville Speeding Ticket Attorney for Just $195.00

May 18, 2011 | Tilem & Associates

If you received a speeding ticket in the Village of Bronxville, the lawyers at Tilem & Campbell are offering a Summer Special fee of just $195.00 to represent you. Our attorneys are experienced in all traffic related matters (speeding, red light, stop-sign, school bus, etc) and have handled thousands of traffic infraction cases throughout the State of New York. Most times you will not have to appear in court with us.

While our past performance does not guarantee a favorable outcome in your case nor can we guarantee a result, we have successfully obtained reductions or dismissals in approximately 98% of the Westchester County traffic infraction cases we have been retained on. Some of the factors that affect the outcome of your case are (1) the seriousness of the charge (don’t expect a great deal if you were doing 95 mph on the Bronx River Parkway); (2) the officer who issued the ticket; (3) the judge; (4) your driving record; and (5) your attitude with the cop when pulled over. Having a “you don’t know who I know” attitude with the Officer certainly can make plea negotiations more difficult.
Our $195.00 Summer Special ends August 31, 2011 and applies to all New York traffic infractions except leaving the scene of an incident and Driving While Ability Impaired [VTL 1192(1)]. You MUST read the Terms for all details and you MUST mention this “Summer Special” Promotion in your FIRST contact with us to receive this special $195.00 price. For more information you can contact us toll free at 1-877-377-8666 or visit us on the web at www.DrSummons.com.

New York Traffic Ticket attorney’s Tilem & Campbell announce a $195 summer blow-out special for Traffic Ticket Defense

May 17, 2011 | Jasmine Hernandez

The Westchester law firm, Tilem & Campbell has announced a summer special for Westchester Traffic Ticket Defense and Rockland Traffic Ticket Defense. This sale is thought to be the lowest cost traffic summons defense in the entire region. Anyone who contacts Tilem & Campbell before August 31, 2011 who mentions coupon code “SUMMER SPECIAL” will automatically receive a rate of $195 to fight any traffic ticket in Westchester County or Rockland County*. This special rate includes all speeding tickets, red light tickets, unsafe lane change, cell phones, tailgating turn signal violations and any other traffic infraction.

This is a sale price that is certain to revolutionize the industry and is believed to be the lowest price traffic ticket defense in the area. Why take off work to try to fight your ticket yourself when you can have a professional represent for you?

This offer applies to all of the following courts: Ardsley Village Court, Bedford Town, Court, Bronxville Village Court, Buchanan Village Court, Town of Cortlandt Justice Court, Croton-on-Hudson Justice Court, Dobbs Ferry Village Court, Eastchester Town Court, Elmsford Village Court, Greenburgh Town Court, Harrison Town Court, Harrison Village Court, Hastings-on-Hudson Village Court, Irvington Village Court, Larchmont Village Court, Lewisboro Town Court, Mamaroneck Village Court, Mamaroneck Town Court, Mt. Kisco Village Court, Mount Pleasant Town Court, Mount Vernon City Court, New Castle Justice Court, New Rochelle City Court, North Castle Justice Court, North Salem Town Court, Ossining Town Court, Ossining Village Court, Peekskill City Court, Pelham Town Court, Pelham Village Court, Pleasantville Justice Court, Pleasantville Village Court, Port Chester Village Court, Pound Ridge Town Court, Rye City Court, Rye Town Court, Scarsdale Village Court, Sleepy Hollow Village Court, Somers Town Court, Somers Justice Court, Tarrytown Village Court, Tuckahoe Village Court, White Plains City Court, Yonkers City Court, Yorktown Town Court, Orangetown Justice Court, Clarkstown Justice Court, Ramapo Town Court and Sloatsburg Justice Court.

IMF CHIEF STRAUSS-KAHN ARRESTED FOR SEXUAL ASSAULT

May 15, 2011 | Jasmine Hernandez

Dominique Strauss-Kahn, or DSK as he is often known in the international press, head of the International Monetary Fund was arrested earlier this week for a sexual assault on a hotel maid in Manhattan. DSK is currently remanded, pending the outcome of a new york grand jury investigation and is being housed at the Riker’s Island jail complex here in New York.

Rape and other Sexual Assault charges are very serious and difficult to defend. They require a skilled criminal defense attorney to know the science, law, psychology and factual intricacies of the case, but they are beatable cases.

While little has come out about the evidence at this early stage of the case one can surmise that the prosecution has more evidence than the mere statements of the victim. The New York City police Department and the New York County District Attorney’s Office acted remarkably swiftly to arrest such a powerful and high profile figure.

NEW ARIZONA LAW ELIMINATES RIGHT TO A JURY TRIAL FOR FIRST TIME DWI

May 10, 2011 | Jasmine Hernandez

The lawyers at the New York criminal defense firm Tilem & Campbell are taking notice of a law signed by Governor Jan Brewer on April 29, 2011 eliminates the right to a jury trial for first offenders charged with DWI’s and is viewed as a first step toward eliminating the fundamental right to a jury trial in all misdemeanors in the state. The move is expected to save the Court system money but so would the elimination of many of our fundamental rights.

The Sixth Amendment to the United States Constitution found in our Bill of Rights says “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State. . .” What appears to be a very clear constitutional right is not followed in all states.

In New York City for example a person can be tried without a jury, by a judge sitting alone, and sentenced to up to 6 months in jail if the crime they are accused of is a misdemeanor punishable by no more than 6 months in jail. Many prosecutors in New York will reduce a charge in order to take away ones right to a jury trial.

BRONX PROSECUTOR ARRESTED FOR DWI HAD TWO PRIOR DRIVING INCIDENTS

May 6, 2011 | Jasmine Hernandez

Bronx ADA Jennifer Troiano who was arrested in August for DWI apparently had two prior driving incidents, one of them involving DWI according to an article published in the Daily News this week. The first incident in 2005 led to the suspension of NYPD Detective Jose Arroyo who was allegedly asleep in the passenger seat when Troiano was involved in some kind of accident and left a bumper and license plate at the scene. In 2009, Troiano was allegedly arrested for DWI but the arrested was voided because she was a prosecutor according to the Daily News Article.

Jose Arroyo was later convicted of Rape and is currently serving a 15 year prison sentence according to the Daily News Article.

The arrest of Troiano and the uncovering of the voided arrest from 2009 has uncovered a large ticket fixing scandal involving Bronx Police Officers. More than 40 police officers are expected to be indicted by a Bronx County Grand Jury according to the Daily News. This could affect hundreds of cases in which indicted police officers made arrests.

A Summons Issued by a Local Criminal Court or Superior Court in a Criminal Case is Not an Appearance Ticket [People v. Hauben, 12 Misc. 3d 1172A; People v. Eckert, 117 Misc. 2d 504 ]

May 1, 2011 | Tilem & Associates

In New York, judges may not issue appearance tickets. Judges can issue warrants for one’s arrest or a criminal summons. Appearance tickets can only be issued by a police officer or other public servant authorized by state law or local law enacted pursuant to the provisions of the municipal home rule law to issue appearance tickets. CPL 150.10(1). A judge is not considered a “public servant” authorized to issue an appearance ticket. A judge can issue a summons directing a defendant to appear in a particular court to be arraigned on an accusatory instrument. See generally CPL Art. 130. However, because a judge is not considered a “public servant” authorized to issue appearance tickets, a summons issued by a judge in a criminal case cannot be deemed an appearance ticket. People v. Hauben, 12 Misc. 3d 1172A (Nas. Cnty. Dist. Ct. 2006). In Hauben, the Honorable Kenneth L. Gartner, in a detailed, researched and well reasoned decision on this issue which cited numerous statutes, cases, practice commentaries and dictionaries, concluded that a summons issued by a criminal court pursuant to CPL Art. 130 is not an appearance ticket.

In so holding, J. Gartner observed: “a summons is merely ‘issued’ by the court, while an appearance ticket must statutorily be ‘issued and subscribed’ by the authorized individual. Id. Furthermore, J. Gartner cited an Attorney General Opinion (No. 93-90) which interpreted the term “other public servants” as stated in CPL 150.10(1) “as referring only to law enforcement personnel.” Id. The Opinion went on to state that “[p]rior to the court date, the public official who issued the appearance ticket must file an accusatory instrument.” Id.

Judge Gartner then noted that (1) a judge is not a law enforcement official and therefore does not meet the definition of “other public servants” as stated in the Opinion; and (2) a judge is not charged with filing an accusatory instrument with the criminal court after he or she issues a summons as law enforcement members are required to do after they issue and subscribe an appearance ticket. Id.

A SPEEDING TICKET CAN BE DEEMED AN “APPEARANCE TICKET” UNDER NEW YORK LAW

April 26, 2011 | Tilem & Associates

In New York, for certain minor offenses, such as speeding, misdemeanor drug offenses or Leaving the Scene of an Accident the police (or other authorized public servant) can issue and serve a person an appearance ticket in lieu of arrest or, if they arrest the person, they can issue an appearance ticket to the person at the police station instead of putting the person through the system to see a judge. [See NY CPL Art. 150].

Typically an appearance ticket says “Appearance Ticket” or “Desk Appearance Ticket” across the top. The appearance ticket must be signed by the a police officer or other authorized public servant, it must name the defendant and direct him to appear in a designated court on certain date and time in connection with the alleged offense. [CPL 150.10(1)].

However, an appearance ticket, or desk appearance ticket, doesn’t have to conform to any particular form or style. So long as the document given to a person contains the information required of an appearance ticket and is properly signed, it can be an appearance ticket.