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Criminal Appeals Archives

Do you suspect a criminal appeal may be in your future?

Whether you entered into a plea bargain or New York prosecutors secured a conviction against you, you may think that this is the end of your case. Nevertheless, you may suspect that something was amiss and that mistakes were made that may have affected the outcome. It may be beneficial to find out if filing a criminal appeal would be the appropriate course of action.

Can your criminal record be expunged?

Having a criminal conviction in your past can have a dramatic impact on the rest of your life (even after you have served your debt to society). It can deter you from getting a job and even housing, not to mention the damage it may do to your reputation. Often, people in your situation may seek to have their records expunged. Is that an option for you?

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.

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Robert D. DiDio
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