Sunday, January 28, 2018

How to Use Opinion Letters for DWI Defense

We are living in one of the greatest times in history. Yet with all the online information there is still a glut of mis-information and straight out lies about DWI defense. Recently I received an email which stated the following:

Easily Reduce or Drop DUI Charges

The email further goes on to state that the mechanism (or process) by which to get your charges (even felony level) easily dropped or reduced comes down a just one single legal opinion letter concerning travel to Canada.

Can opinion letters be used to defend New York DWI charges?  

In New York State just how "easy" is it to reduce or drop misdemeanor DWI charges with opinion letters?

Facing the charge of a New York DWI felony, is that charge "easily" reducible or droppable using a legal opinion or other opinion letter?

How can opinion letters be used best to defend New York DWI charges?

Thursday, January 25, 2018

New York Criminal Defense Begins with Facts Versus Opinions

Facts are NOT Opinions
How many phone calls and email we receive each day asking about different legal situations and circumstances. These are people confused by the legal process, and believe me it can be quite complex. But some parts of legal defense are less complicated and far more important.

It all begins with differentiating FACTS from OPINIONS. In every legal situation (and non-legal as well) there are certain FBCs. Criminal defense attorneys refer to them as the Facts Beyond Change.

In a DWI case what are the general facts we need to deal with?

Why is a DWI refusal case really a case of proving intoxication primarily on opinion?

How can we better defend and confront opinion?

How can we better defend and confront even the facts?

Tuesday, January 23, 2018

Molly's Game: The Truth of Legal Defense in Movies

From the Verge, Molly's Game is a Great Legal Movie
I love watching a good movie. In fact sometimes I even like watching a bad one. Molly's Game was very interesting, and had an inspiring story. I enjoyed the life story of Molly Bloom and the way it was presented. In real court rooms presentation counts for much more than most people think. Like a magician who takes a rather simple trick and using timing, finesse, and a certain "je ne sais quoi" an attorney can create a compelling story for the defense of his client's case.

Overcoming great odds, facing challenges head-on, and rising up from the ashes all make Molly's Game a fun ride. The bonus was knowing that this was based upon a true story and not just a fictional one. In my lawyer (legal) mind I was going through the movie looking at the process from a reality based perspective.

How much of Molly's Game is legal fiction?

How much of Molly's Game is legal truth?

How much of the movie was true to life, and not just in the life of Molly Bloom but what happens in New York Courts daily?

Friday, January 12, 2018

Understanding New York Judges and Plea Bargains

Judges At the Apex of the Legal Triangle
After a few decades of practicing law you start to get a better overview of not only the legal process but the dynamics of how judges think about cases. It is not always the same way because not all judges act, think, or feel the same way about every single case.

That said, there are specific types of judges. I'm not talking about criminal versus civil versus family versus federal versus bankruptcy versus administrative judges. What I am talking about is the overall way that a criminal judge handles the prosecutor/criminal defense lawyer relationship.

What types of New York State criminal judges are there?

How do these judges sort their cases?

How do these judges make final decisions on sentencing?