Only a minuscule portion of criminal cases go all the way to trial, but the jury trial is the lynchpin of a Rochester criminal case timeline. Nearly everything revolves around this uniquely American phenomenon. About 90 percent of the world’s jury trials occur in the United States. If you think the American system is flawed, you have not faced criminal charges overseas.
In Monroe County, jury trials are available for both misdemeanors and felonies. As far as we are concerned, there is no such thing as a minor criminal case. We provide the same aggressive representation for all our clients in everything they face.
Jail Release
For many people, jail release is a matter of convenience. But to us, jail release is an important part of criminal defense. The longer the defendant remains behind bars, the greater the pressure becomes to accept an unfavorable plea bargain agreement just to “get things over with.”
Monroe County defendants have several jail release options. These start with OR (own recognizance) release. If the defendant has no criminal record and/or is charged with a nonviolent offense, OR release may be available. This mechanism makes an arrest like a traffic ticket. The defendant promises to appear at trial, and the sheriff releases the defendant.
The cash bond and bail bond systems are still in place in New York. If the defendant posts the entire amount in cash or obtains a surety bond through a bail bondsman, the sheriff releases the defendant. If the defendant remains incarcerated, the judge may reduce the bail amount at a bail reduction hearing.
Announcement: The Longest Part of a Rochester Criminal Case Timeline
In this context, “announcement” is usually Legalese for “deciding what to do next.” Before making any final decisions, an attorney must thoroughly examine all aspects of the case:
Witnesses
Many criminal prosecutions have only police officers as witnesses. Police officer credibility recently hit a 22-year low. Lay witnesses may have credibility issues because they are blatantly biased. Or, they may have competency issues, perhaps because they only saw a glimpse in the dark.
Physical Evidence
If officers make procedural mistakes, such as failing to obtain a search warrant, any evidence they seize may be inadmissible in court. If officers do not timely Mirandize the defendant, any statements they obtain may also be inadmissible.
Legal Aspects
Sometimes, there is no evidence on a key component. For example, in a DUI collision case, there may be no evidence that the defendant was driving the vehicle at the time. The same goes for a drug possession case. There may be no evidence that the defendant controlled the drugs.
Public Perception
Defense attorneys must also take this intangible factor into account. Drug possession cases are a good example here as well. Many jurors now see these cases as health and safety issues instead of criminal matters. That outlook affects how they interpret and apply the evidence presented.
After this investigation, a defense attorney begins plea negotiations in earnest.
Resolution
A plea bargain usually involves reduced charges and/or a reduced sentence. For example, if the defendant is charged with assault but the evidence is weak, prosecutors may reduce the charges to reckless conduct.
If the case goes to trial, prosecutors must establish guilt beyond any reasonable doubt. That’s the highest evidentiary standard in New York.
It’s typically impossible to appeal plea bargains. However, a defendant may appeal and adverse a trial result. This is only if a mistake affected the trial’s outcome. Courts have consistently held that the defendant is entitled to a fair trial, but not a perfect trial.
Some possible grounds for appeal include ineffective assistance of counsel, jury misconduct, and prosecutorial misconduct.
Connect with an Assertive Lawyer
Knowing what to expect in a criminal case helps defendants make better choices. For a free consultation with an experienced Rochester criminal defense attorney, contact the Law Office of Frank Ciardi. Home and jail visits are available.
An individual’s first DWI offense can have a significant impact on criminal history, finances and employment opportunities. This charge should not be taken lightly just because it’s a first offense. It’s important to act quickly and seek help from trusted Rochester DWI lawyers and alleviate any chance at jail time.
In DWI cases, the state prefers probation over doing jail time. Most first-time offenders admit they have at least one drink a week. A significant number of these people even show signs of alcohol dependency. Alcohol counseling is often a condition of probation, but it can never be a condition of jail time.
Therefore, probation is usually in the defendant’s and the state’s best interest. Some form of probation may be almost inevitable, the exact nature of the DWI punishment for first-time offenders largely depends on the skill level of a Rochester DWI lawyer.
What are Some Direct Consequences of a First-Time DWI?
Most first-time offenders face simple DWI charges. If the defendant had a BAC level between .08 and .17, the maximum direct penalties are:
One year in jail,
$1,000 fine, and
Six-month drivers’ license revocation.
If the defendant had a BAC of .18 or above, the maximum license revocation period increases to one year.
The judge normally probates the jail time for about a year. During that time, the defendant must comply with all the terms and conditions imposed by the Monroe County judge and the probation department. Some of these conditions include:
Reporting at least monthly to a probation officer,
Working or attending school full time,
Avoiding further trouble with the law,
Remaining in the county,
Performing community service, and
Completing required classes, such as an alcohol evaluation and DWI victim impact panel.
Some courts probate the fine as well. A few courts require all the fines, plus all court costs, to be paid upfront.
Partial probation of the drivers’ license revocation may be available. Typically, if defendants install Ignition Interlock Devices in their vehicles, they can continue to drive, at least on a limited basis. IIDs are essentially portable Breathalyzers which are attached to the ignition. If the driver’s BAC is above a certain level, usually .04, the vehicle will not start.
What About the Indirect Consequences?
In terms of indirect consequences, the good news is that DWI is not a crime of moral turpitude. So, its effect on immigration and other matters may be limited. But that’s about the only good news.
Increased auto insurance rates are probably the most serious indirect consequence. Persons with DWI convictions must obtain high-risk insurance and keep it for at least three years. That could cause insurance premiums to double or triple.
Furthermore, DWI is a significant stain on an employment record. Frequently, insurance companies will not cover cab drivers, delivery drivers, or other commercial operators who have DWI convictions. On a related note, even if the jurisdiction has a ban-the-box law, a DWI conviction could be a significant employment barrier. Many employers believe these people make poor decisions and are generally unreliable.
How can a Rochester DWI Lawyer Reduce These Consequences?
Frequently, the state’s evidence in a DWI case is not particularly strong. For example, there may be a lack of evidence on a key point, such as operating the vehicle in a parking lot or other private place, as opposed to a public place. Or, the state might have a hard time establishing alcohol intoxication.
In these cases, a plea to DWAI (Driving While Alcohol Impaired) might be an option. Like DWI, DWAI is a misdemeanor. However, direct consequences are not quite as severe. Furthermore, the indirect consequences, specifically in terms of higher insurance, might not be as severe either.
Contact a Dedicated Lawyer
The Constitution gives you the right to pretrial release, and a lawyer must normally enforce that right. For a free consultation with an experienced Rochester DWI lawyer, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
The jury trial is the pinnacle of all criminal rights in Monroe County. For the most part, these criminal defendant rights are uniquely American. 90 percent of the world’s jury trials take place in the United States.
If the jury trial is at the top of the pyramid, the following Constitutional rights form the base of the pyramid. Without these rights, jury trials would be unfair and meaningless. Additionally, unless an assertive Rochester criminal defense attorney stands up for these rights, they are just ink on paper. Aggressive Monroe County prosecutors might run right over criminal rights if they thought they could get away with it.
Reasonable Bail
The Eighth Amendment requires reasonable bail in all criminal cases. Cash bail amounts are usually based on the severity of the offense, the possibility of flight, the defendant’s ability to pay, and other factors. Because so many New York defendants are unable to afford any bail amount, Monroe County offers expanded pretrial release in many cases.
Reasonable Searches
Before they may enter private property, like a dwelling or a vehicle, officers must generally have search warrants based on probable cause. If they do not have warrants, a narrow search warrant exception must apply. Some common ones include:
Consent: Owners, or apparent owners, may give police officers permission to search their property. An apparent owner is someone with apparent ownership authority, like a roommate whose name is not on the lease.
Exigent Circumstances: If officers believe someone is in danger, they may enter the property and sweep through it to make sure everyone is okay. Officers commonly rely on this exception when they respond to disturbance calls and want to enter a place.
Pat Down: Your clothes are your private property. Officers may intrude on this property if they suspect you have a weapon. This suspicion must be based on specific, articulable facts, and not just a hunch.
These same rules apply with regard to seized evidence. If officers did not have a warrant, an exception must apply. If either the search or seizure was unreasonable (no warrant and no exception), any evidence may be inadmissible in court, under the fruit of the poisonous tree doctrine.
Remain Silent
One of the most important criminal defendant rights is also one of the broadest ones. This Fifth Amendment right is not limited to oral court testimony or answering investigators’ questions. Defendants also generally have the right to refuse to perform DUI field sobriety tests, appear in lineups, or perform any other acts. Typically, these refusals are not admissible in court. During closing arguments, a Monroe County prosecutor cannot tell jurors the defendant must be hiding something because s/he refused to testify. There are some limits. For example, if a defendant refuses to provide a chemical sample in a DUI, that refusal may be admissible in court.
Criminal Defendant Rights and Legal Representation
Defendants do not just have the right to an attorney. They have the right to a competent attorney. This right sometimes comes up in forfeiture situations. The state cannot freeze the defendant’s assets if such action makes it impossible for the defendant to hire counsel of his/her choice. If the defendant is indigent, either a court-appointed attorney or public defender must be available.
Double Jeopardy
In most cases, prosecutors cannot keep placing the defendant on trial until they get the result they want. So, if a jury acquits a defendant of drug trafficking charges, the state usually cannot retry the defendant for drug possession. The separate sovereignties exception, which a divided Supreme Court recently reaffirmed, is the biggest exception. It often applies in drug cases or other offenses which are crimes under both federal and state law.
Confront Witnesses
The confrontation clause often comes up in sex crime cases. Typically, defense attorneys have the right to cross-examine accusers. This right is especially important in sex crime cases and other prosecutions that involve lay witnesses. It is easier to undermine this testimony and so create reasonable doubt.
Public Trial
Do not overlook this important right. Generally, we all behave better if we think someone may be watching. That’s especially true in the criminal justice system. Judges and prosecutors are more likely to respect criminal rights if the trial is open to the public. This right is sometimes an issue in the aforementioned sex crimes cases, especially if the alleged victim was a child.
Connect with an Experienced Lawyer
Criminal defendants have important rights. For a free consultation with an experienced Rochester criminal defense attorney, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
Facebook, Twitter, and other social media platforms are a good way to keep in touch with friends and family. But there is a potential dark side as well. Not many people realize that social media and criminal defense affect each other. A very long list of individuals hit like or send without thinking things through, and they paid the price later.
Did you know that social media also has criminal defense consequences? Photographs and posts give investigators a wealth of information. And, thanks to the Stored Communications Act, law enforcement officers may not need a warrant or probable cause to access such information. The SCA requires some social media companies to release communications and even “user information” to law enforcement groups and other third parties.
An experienced Rochester criminal defense lawyer must be prepared to deal with social media in court. Posts and photographs could make or break a case.
Some Social Media and Criminal Defense Issues
Social media is especially important in certain kinds of cases. Hate crime assaults are a good example. Frequently, prosecutors look through social media accounts looking for recent posts or likes which indicate hostility against a certain group of people. Specific types of social media in these cases include:
Pictures: Tagged photos of a defendant near a crime scene may be used as evidence in court. The same thing applies to pictures of the defendant in a bar immediately prior to a DWI arrest.
Location: CLSI, or cell-site location information, is one of the few exceptions to the social media and criminal defense warrantless search rule. Cell phone towers tag phones at certain locations. In 2018’s Carpenter v. United States, investigators tagged the defendant at almost 13,000 locations over a three-month period. A sharply divided Supreme Court ruled that officers must obtain search warrants before they may access such data.
Posts: Both liked posts and original posts may provide evidence of motive and intent in criminal cases. Posts may also provide evidence of premeditation in violent criminal cases.
If there are incriminating items on your social media account, do not delete them. Investigators can still find them. Furthermore, deleting posts or pictures makes people look guilty and could also be considered tampering with evidence.
Authenticating Social Media in Court
As mentioned above, embarrassing social media posts have probably affected almost everyone at one time or another. But there is a big difference between the court of public opinion and a Monroe County criminal court. If the post comes up at work, there is a presumption that it is authentic. But in criminal court, there is a presumption of innocence. In other words, there is a presumption that the post is inauthentic.
To overcome this presumption, prosecutors must establish that the posts actually appeared on social media at a certain time. A judge may require something like a timestamped screenshot. Moreover, the state must prove that the defendant posted the information. That showing is not easy to make if there is evidence the account had been hacked or if the defendant shared the password with another person.
Contact a Tenacious Lawyer
Social media posts may be used against you in court. For a free consultation with an experienced Rochester criminal defense attorney, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
During a Monroe County criminal case, mistakes are inevitable, either during the pretrial process or during the trial itself. Just like not all typographical errors on a traffic ticket invalidate the citation, not all mistakes allow a defendant to appeal a conviction successfully. In addition to an error, a Rochester criminal defense attorney must show that the mistake substantially affected the trial’s outcome.
Criminal appeals often do more than release the defendant from custody or court supervision. In many cases, record sealing may be available after an appeal. Court officials, law enforcement officers, and a few employers can view sealed records, but no one else can.
1. Lack of Evidence
This basis is one of the hardest ways to appeal a conviction. Especially after a jury trial, appellate judges do not usually second guess the jurors’ conclusions. Sometimes, however, there is a complete lack of evidence on one element of the offense. Non-serious injury DWI collision cases are a good example. By the time emergency responders arrive, both drivers have frequently left their vehicles. So, officers cannot testify that the DWI defendant was driving the car.
2. Juror Misconduct
In the 1957 film Twelve Angry Men, one of the jurors bought a knife at a pawnshop to prove a point to his fellow jurors. He could have declared a mistrial if the judge had found out about that purchase. To reach their verdict, jurors may only consider the evidence presented at trial. Today, in the smartphone era, it’s easy to Google a defendant’s name and see what comes up. These do-it-yourself investigations could be grounds for a successful appeal.
3. Appealing a Conviction and Improper Admission of Evidence
These errors usually occur during pretrial hearings. Confessions and physical evidence are often inadmissible if officers did not properly Mirandize the defendant. Additionally, witnesses may only testify about the things they saw. Any other testimony is generally inadmissible hearsay. Furthermore, direct or indirect references to a defendant’s prior criminal record are usually inadmissible.
4. Prosecutorial Misconduct
Such misconduct could occur during the pretrial phase or the trial itself. Prosecutors have a duty to turn over exculpatory evidence to defense attorneys. Additionally, some new criminal discovery rules take effect in January 2020. When these rules take effect, prosecutors will also have a duty to turn over things like:
All witness contact information and witness statements, whether or not these witnesses testify at trial,
Electronic recordings, such as 911 calls,
Search warrants, search warrant affidavits, and seized evidence inventories, and
Any promises prosecutors made to a witness (g. we will not charge you with a crime if you turn state’s evidence).
During the trial, some prosecutors make inappropriate remarks during their arguments or use unacceptable criteria, such as race, to select jurors.
5. Ineffective Assistance of Counsel
This appeal basis is not result-based. Defendants cannot argue that their lawyers were incompetent if they lose cases. Rather, the attorney’s misconduct must be so bad that it falls below the standard of care. Strategic matters, such as the failure to cross-examine witnesses, are usually not evidence of incompetence. Instead, the attorney must have usually been impaired in some way, such as drunk or on drugs. Professional impairment, such as a suspended law license, might also be grounds for appealing a conviction.
Contact a Dedicated Lawyer
A criminal conviction is not always the final word as to guilt or innocence. For a free consultation with an experienced Rochester criminal defense attorney, contact the Law Office of Frank Ciardi. Convenient payment plans are available.
Technically, it’s possible for individuals to handle their own defense. That may be a good idea in a few situations, such as parking tickets. But in most cases, you need a solid criminal defense attorney to represent you.
There is a good reason that the Sixth Amendment guarantees the right to a lawyer. Without such representation, defendants are literally at the mercy of the court. Additionally, Monroe County prosecutors are usually not interested in attaining justice. They are only interested in convicting the defendant.
Just like surgeons do much more than the actual procedure and preachers do not just talk on Sunday mornings, a Rochester criminal defense attorney has many jobs related to your criminal case.
Counsel Clients
First-time criminal defendants learned everything they know about the criminal justice system from TV and movies. So, almost everything they know is wrong. Criminal defense attorneys inform defendants about the process, so they know what to expect.
For example, attorneys often delay criminal cases as long as possible. To many people, these delays are very frustrating. But the extra time gives a Rochester criminal defense attorney more opportunity to prepare. The better prepared your attorney is, the more successful the outcome will be.
There is a non-legal element to client counseling, as well. Many defendants are understandably very fearful about the whole process. Knowing what to expect somewhat eases this fear. Knowing that the attorney has a plan, and is working that plan, calms this fear even more.
Client counseling is an ongoing responsibility. After the case goes to court, Monroe County prosecutors typically offer plea bargain settlements. A pretrial settlement is usually in everyone’s best interests, but not all proposals are fair. A Rochester criminal defense attorney gives clients solid advice in this area.
Investigate the Facts
Until a lawyer investigates the facts, there is no way to tell whether the offer is fair. So, an investigation is a critical component of a solid criminal defense. Some common techniques include:
Additional Witnesses: Many times, police investigators only interview crime victims and people who voluntarily come forward. A Rochester criminal defense attorney digs deeper and interviews additional witnesses. Even if their stories help the prosecutor’s case, it’s important to speak with these individuals.
Examining Physical Evidence: Chain of custody is sometimes an issue, and a DWI blood test sample is a good example. This sample must go from the defendant’s body to a police technician, the evidence room, and the courtroom. Any gap in the chain of custody may cast a shadow on the evidence’s reliability. Furthermore, prosecutors rely on footprints, tire tracks, clothing fibers, and other CSI-type evidence in many violent crime cases. In the real world, such “proof” is more science fiction than science fact.
Questioning Lineups: Live or photo lineups are often an important piece of the puzzle. Usually, only double-blind lineups are reliable. If the test administrator knew the suspect’s identity, the administrator often gives subtle clues to the witness (g., placing the suspect’s photo in the center of a photo lineup).
A Rochester criminal defense attorney must not prove the defendant’s innocence. A lawyer must only undermine the facts enough to create reasonable doubt.
Criminal Defense Attorneys and Legal Research
Some defendants are morally guilty, but they are not legally guilty. The distinction is important. Sometimes, the evidence is legally inadmissible. Examples include:
Failing to inform defendants of their Constitutional rights timely,
Seizing evidence without a search warrant,
Illegally profiling certain defendants, and
A discrepancy between the pleadings and the proof.
Criminal laws change constantly. What was permissible one day may be impermissible the next day, and vice versa. So, an attorney must be more than willing to work. An attorney must also be willing to learn new things.
Resolving Criminal Cases
In TV and movies, emotionally charged trials almost always resolve criminal cases. That’s not true in the real world.
As mentioned, plea bargains resolve most criminal cases. But like all good negotiators, Rochester criminal defense attorneys do not simply recommend the first offer. A plea bargain should reduce both the direct and collateral consequences of a criminal conviction.
Assault cases are a good example. A domestic battery conviction may have significant consequences in family court. Modifying the charges to another kind of assault, even if it is a slightly more serious offense, it may be a good idea in these situations. It is also possible to reduce first or second-degree charges to second or third-degree assault.
Rely on an Experienced Lawyer
Your attorney should be with you from start to finish. For a free consultation with an experienced Rochester criminal defense attorney, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
