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Criminal Appeals Archives

Should you consider filing an appeal to your conviction?

In the United States, everyone should receive fair treatment by law enforcement and a swift trial by a impartial jury of their peers. Sadly, the reality of the criminal justice system often falls quite short of this ideal. It's all too common for people to end up in prison because law enforcement profiled them during a stop, only to get convicted of a minor infraction.

NY high court upholds permanent license suspension for repeat DWI

In 2012, the Cuomo Administration issued regulations allowing the DMV commissioner to permanently deny driver's licenses for those convicted of repeat drunk driving. Several people who had run afoul of those regulations filed suit, and the New York Court of Appeals has just upheld the regulations.

Is there pressure to produce ID to police?

When you’re stopped by the police in New York City, it is common knowledge that law enforcement can ask you for your license and proof of insurance. Drivers are required to have them and show them to a police officer when asked to do so. But what are your responsibilities in producing identification when you are a passenger?

5 collateral consequences of a felony conviction

There are a lot of different issues that come with facing a criminal charge. These can vary greatly having to do time in prison to having to live with the consequences that come with being branded as a felon. If you are facing a criminal charge, your defense is your best option for only dealing with minimal consequences. Of course, if you are convicted, you will most certainly have to deal with some consequences. Keep these five collateral consequences, which aren't imposed by the court, in mind as fuel for your defense planning.

One state lowers blood-alcohol minimum for DUI

The way that crimes are charged and prosecuted is often determined by public sentiment. The more reprehensible a crime is considered to be by the general public, the more likely it is to carry severe criminal consequences (compare child sex crimes with non-violent drug offenses, for instance).

Lying witnesses and wrongful convictions: A common problem

We have previously written about wrongful convictions that occur as the result of a false confession. Exoneration statistics have shown that in a surprising percentage of false convictions, suspects confess to a crime they didn't commit. This is usually because they have been coerced, lied to or threatened by police officers. Many suspects were unaware of their rights, including the right to an attorney.

Do we equate race with criminality and threat? Study says yes

America would like to think of itself as a post-racial society. But countless incidents over the last decade have reminded us that America still has a significant problem with race. Many believe that the election of our first African-American president had the unforeseen effect of highlighting racist beliefs and attitudes that persist more than a half-century after the civil rights movement.

Avoid DUI charges on St. Patrick's Day this year

You may need no reminder that today is St. Patrick's Day. According to one set of statistics, just over 56 percent of Americans said that they expect to celebrate the holiday this year. In most cases, the celebration will revolve around (or at least include) the consumption of alcohol.

Should police interactions be taught in driver training courses?

In our last post, we discussed the importance of knowing your rights when interacting with police, especially when it comes to things like filming the encounter. Police officers may not be entirely truthful about what is and isn't legal, and this can lead to many potential problems, including an escalation of force or the violation of your civil liberties.

Continuing questions over police collection of Amazon Echo data

In recent months, we have written about an interesting and perhaps precedent-setting murder investigation. At the heart of the case are questions about personal technology, privacy rights and the ethics of private companies cooperating in overly broad demands for customer data.

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  1. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

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  2. Johnny From Astoria

    "Mr. DiDio represented me during a murder trial in 2008. I was acquitted of all charges and released from jail after a four-week trial. I am now pursuing a civil suit against the police to compensate me for the time I was wrongfully incarcerated. Mr. DiDio literally saved...

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  3. Frank from South Jamaica

    “Narcotics officers from Queens County arrested me in front of my house and claimed I had pre-recorded buy money in my pocket after they said I sold cocaine to an undercover officer a few minutes earlier. I was not guilty of the charges and planned to go to trial to prove...

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  4. Lamar from Brooklyn

    “The Special Narcotics Prosecutor in Manhattan indicted me for the possession of a large quantity of crack cocaine. The police officers claimed they saw me make a sale of cocaine to a female and while they were arresting me, they said a softball size bag of crack cocaine fell from...

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  5. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  6. Kenny From Jamaica Queens

    “I don’t know how to thank Mr. DiDio and his Staff. When I first hired the Law Office of Robert DiDio & Associates, I had two violent felony charges pending against me. I had little or no hope of avoiding significant jail time. My former attorney was encouraging me...

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  7. Christian from Long Island

    "My mother hired Mr. DiDio to represent me for my first and only criminal case. I was charged with criminal possession of a loaded firearm and other minor charges. Prior to indictment the Prosecutor's Office offered me a plea bargain that would include me pleading guilty to...

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