New York Criminal Attorney Blog

The City Court of White Plains is a busy Court located in the heart of downtown White Plains. The White Plains Court handles Landlord – Tenant cases, speeding tickets and traffic violations, small claims cases, Civil Suits with a monetary claim up to $15,000, criminal cases including both misdemeanor cases and felony cases before they are indicted by a grand jury.

As a White Plains criminal defense lawyer with a busy criminal and traffic practice, I routinely appear in the White Plains Court on a wide variety of criminal and other cases. My office is just a short walk from the White Plains City Court which is located near the White Plains Federal Court and the Westchester County Court.

The City of White Plains is the County Seat of Westchester County and is located just 25 miles from Manhattan. White Plains has a residential community of about 56,000 people with a population that increases to about 250,000 on any given business day as shoppers, workers and visitors arrive by rail, car, and bus. The City is one of Westchester County’s top business markets and is home to a large amount of retail activity concentrated into this small city. With three large shopping malls and a newly renovated downtown featuring “top notch” restaurants, shopping and nightlife, it is no wonder that the City Court of White Plains is an exceptionally busy Court.

The City Court of White Plains is located at 77 Lexington South Lexington Avenue and can be reached by telephone at (914) 824-5675.

If you or any one you know is ever in need of legal representation in the White Plains City Court, Westchester County Court, White Plains Federal Court or any other New York Court, contact one of the experience lawyers at Tilem & Campbell and speak to them about a free consultation.

There are generally no classifications of people who are exempt or disqualified from jury duty in New York State. However, in order to be initially selected for the jury pool in your county, you must be a citizen of the United States as well as a resident of the particular county that has summoned you for jury duty; have never been convicted of a felony; be at least 18 years of age and be able to communicate in English. See Jud Law § 510. If you don’t satisfy all of these qualifications you are ineligible for jury duty in New York State.

Prior to January 1, 1996, active members of the armed forces; elected federal, state, city and local officers; the heads of certain government agencies; and federal or New York State judges were deemed disqualified to serve as jurors. See Jud. Law 511 (1995). These statutory disqualifications were repealed effective January 1, 1996.

Furthermore, prior to January 1, 1996, certain full-time religious practitioners, certain members of the medical field including doctors, dentists, nurses, licensed physical therapists and even embalmers as well as attorneys, fire personnel, sole proprietors engaged in the full-time operation of their business, parents or guardians with children under the age of 16 and those over 70 years of age were exempt from jury duty. These statutory exemptions were repealed effective January 1, 1996.

If you have been selected for jury duty in New York State, have a jury trial scheduled in New York state or have any questions in general regarding jury trials in New York State including Westchester, Rockland, Dutchess or Putnam counties, feel free to contact Tilem & Campbell PC for a free telephone consultation.

New York State law enforcement officials announced this week a new campaign to crack down on Driving While Intoxicated or Impaired on New York State roads. The campaign coincides with the national "Drunk Driving. Over the Limit. Under Arrest,"campaign which is scheduled to last until September 2, 2008. The program calls for police agencies throughout New York State to increase the use of saturation patrols and checkpoints in an effort to catch intoxicated and impaired drivers.

Readers of this Blog and clients of Tilem & Campbell are reminded of my blog dated March 3, 2008 warning drivers about being arrested even if their Blood Alcohol Limit (BAC) is below the legal limit. Obviously it goes without saying that a driver should never operate a vehicle while intoxicated or impaired by any substance. However, if you are stopped in a DWI check point and you have alcohol on your breath you may be arrested regardless of whether you are legally intoxicated or impaired.

Keep in mind that if you refuse to take the breath test your license to operate a vehicle in New York will be revoked for a period of one year regardless of whether you are convicted of DWI or DWAI. Remember that a good lawyer can challenge both the police testimony and the breath test results.

If you are arrested, summoned or charged with DWI, DWAI or any other driving related criminal offense contact an experienced New York DWI Lawyer as soon as possible who can help fight for your license and your rights.

Another compelling reason not to allow the issuing officer to also act as the prosecutor in a New York traffic violation case is supported by the Latin maxim “inclusio unius est exclusio alterius”. What this Latin Maxim means is that where a law expressly describes a situation where it applies, an irrefutable inference arises that what was excluded or omitted was intentionally excluded or omitted. This ancient rule of statutory construction is codified in New York McKinney's Statutes § 240 titled “Expression of one thing as excluding others”.

Section 240 states in pertinent part: “where a law expressly describes a particular act, thing or person to which it shall apply an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted or excluded.” In other words, where a statute specifically mentions that said statute applies to one category of persons, said statute irrefutably implies the exclusion of other persons not specifically mentioned was intended by the Legislature. See e.g. Combs v. Lipson, 44 Misc.2d 467, 254 N.Y.S.2d 143 (1964)(Holding that the express grant of power to one person excludes by implication the grant of same powers to another.)
Applying this rule to situations where non-attorneys may represent others in New York, if the New York State Legislature enacted a statute which expressly described what class of non-attorneys could represent other people in court, an irrefutable inference arises that those non-attorneys not described in the statute may not represent others in a court or other quasi-judicial proceeding.

Indeed, the New York State Legislature has in fact enacted a law prohibiting a non-attorney from appearing as an attorney except is certain delineated circumstances. New York Judiciary Law § 478, titled “Practicing or appearing as attorney-at-law without being admitted and registered” makes it unlawful for those who have not “been duly and regularly licensed and admitted to practice law in the courts of record of this state” from acting or holding themselves out as attorneys.

The same statute however, goes on to specify certain categories of non-attorneys that may otherwise act in an attorney like capacity despite the fact that they are not duly admitted to practice in the State of New York. For example, law students who have completed two semesters of law school or who are awaiting their bar exam results may, under the supervision of the Legal Aid Society or other government agency such as the District Attorney’s Office, partake in lawyerly activities otherwise prohibited for non-lawyers. Jud. Law § 478

Continue reading " WHY IS THE TROOPER OR OFFICER WHO ISSUED YOUR NEW YORK TRAFFIC TICKET ALSO PROSECUTING IT? PART IV – UNDER THE DOCTRINE OF “INCLUSIO UNIUS EST EXCLUSIO ALTERIUS”, THE LEGISLATURE’S SPECIFIC INCLUSION OF SOME NON-ATTORNEYS WHO MAY ACT AS AN ATTORN " »