New York Criminal Attorney Blog http://www.newyorkcriminalattorneyblog.com/ Published by Tilem & Campbell en-us 2008-08-18T17:34:10-05:00 NEW YORK STATE LAW ENFORCEMENT OFFICIALS ANNOUNCE ANTI-DWI CAMPAIGN UNTIL LABOR DAY http://www.newyorkcriminalattorneyblog.com/2008/08/new_york_state_law_enforcement_1.html 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... DWI/DWAI Peter Howard Tilem 2008-08-18T17:34:10-05:00 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 http://www.newyorkcriminalattorneyblog.com/2008/08/why_is_the_trooper_or_officer_2.html 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... CRIMINAL PROCEDURE John Campbell 2008-08-05T12:22:31-05:00 WHY IS THE TROOPER OR OFFICER WHO ISSUED YOUR NEW YORK STATE TRAFFIC TICKET ALSO PROSECUTING IT? PART III – A BRIEF OVERVIEW OF THE THREE BRANCHES OF NEW YORK STATE GOVERNMENT AND THEIR RESPECTIVE ROLES http://www.newyorkcriminalattorneyblog.com/2008/07/why_is_the_trooper_or_officer_1.html The simple fact is, the practice of the issuing officer prosecuting their own New York traffic tickets is allowed only because of an outright Judicial hijacking by the court’s of the State Legislature’s power. Generally, the New York State Constitution... CRIMINAL PROCEDURE John Campbell 2008-07-31T12:16:18-05:00 WHY IS THE TROOPER OR OFFICER WHO ISSUED YOUR NEW YORK TRAFFIC TICKET ALSO PROSECUTING IT? PART II – THE “WITNESS ADVOCATE RULE” http://www.newyorkcriminalattorneyblog.com/2008/07/why_is_the_trooper_or_officer.html As I explained in a previous blog, the practice of officers prosecuting the New York traffic tickets they issue was upheld by the New York Court of Appeals case; People v. Soddano. Soddano and it’s holding that officers may act... CRIMINAL PROCEDURE John Campbell 2008-07-29T16:41:21-05:00 NEW YORK TRAFFIC VIOLATIONS - WHY IS THE TROOPER OR OFFICER WHO ISSUED YOUR TRAFFIC TICKET ALSO PROSECUTING IT? PART I – DELEGATION OF AUTHORITY http://www.newyorkcriminalattorneyblog.com/2008/07/new_york_traffic_violations_wh.html The answer to this question is fairly simple; when it comes to New York traffic violations, the Courts of New York State have allowed deeply rooted judicial principles founded on fairness to be disregarded. As I said in a... CRIMINAL PROCEDURE John Campbell 2008-07-27T16:13:50-05:00 NEW YORK JURY SELECTION - WHAT IS THE SOURCE OF THE NAMES FOR A JURY PANEL? http://www.newyorkcriminalattorneyblog.com/2008/07/new_york_jury_selection_what_i.html So your New York Criminal case is heading to jury selection. At jury selection both your criminal defense attorney and the prosecutor will have an opportunity to question potential jurors chosen from the jury pool. (Jury selection itself will... CRIMINAL PROCEDURE John Campbell 2008-07-25T22:31:04-05:00 GOING TO TRIAL IN A NEW YORK LOCAL CRIMINAL COURT – HOW IS THE JURY POOL SELECTED? http://www.newyorkcriminalattorneyblog.com/2008/07/going_to_trial_in_a_new_york_l_2.html How jury pools are chosen in a New York misdemeanor cases depends on what type of court your case is in. Section 2012 of New York's Uniform District Court Act, New York's Uniform City Court Act or of New... CRIMINAL PROCEDURE John Campbell 2008-07-23T10:31:04-05:00 JURY TRIALS IN A NEW YORK LOCAL CRIMINAL COURT – ORDER OF THE TRIAL http://www.newyorkcriminalattorneyblog.com/2008/07/jury_trials_in_a_new_york_loca.html The order of proceeding in a jury trial in a New York State local criminal court is the same as those in a jury trial in a superior court when one is charged by indictment. CPL § 360.05. Therefore, the... CRIMINAL PROCEDURE John Campbell 2008-07-21T10:26:43-05:00 GOING TO TRIAL IN A NEW YORK LOCAL CRIMINAL COURT – MUST DEFENDANT BE PRESENT? http://www.newyorkcriminalattorneyblog.com/2008/07/going_to_trial_in_a_new_york_l_1.html As a New York criminal defense attorney, at a law firm that handles a lot of criminal trials, I often am asked by clients charged with misdemeanors and/or violations in a New York State local criminal court if they must... CRIMINAL PROCEDURE John Campbell 2008-07-18T15:09:33-05:00 NEW YORK CRIMINAL DEFENSE FIRM TILEM & CAMPBELL SCORES MAJOR VICTORY IN HARD FOUGHT DWI CASE http://www.newyorkcriminalattorneyblog.com/2008/07/new_york_criminal_defense_firm_1.html New York criminal defense law firm Tilem & Campbell scored another major victory in a Brooklyn Criminal Court today when the firm’s client had the most serious DWI charges dismissed and plead guilty to the traffic infraction of Driving... DWI/DWAI John Campbell 2008-07-16T14:40:59-05:00