Locust Valley Crime

Locust Valley Crime

Crime, law and justice, and police blotter near Locust Valley, NY or anywhere in the US.

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Locust Valley Law

How long is a fair and speedy trial?
The prosecutor has put me off 2 times. My first court date was in January . I was in a car wreck with alcohol in my system. I did not hurt anyone else. I ended up in intensive care with no memory. The blood was taken without my consent.
Speedy trial does not mean the duration of trial. It simply mean that government either has to present its evidence (...
How much jailtime is 5 years probation worth?
I was driving after a 15 hour shift and got pulled over for falling asleep at a red light. I had a Xanax they found in the car but no alcohol and no drugs in my system but methadone which I'm prescribed. regardless they gave me dwai since sleepiglng was from the methadone I took 23 hrs before not the work. 2 months later same cop pulls me over for high beams...after having some drinks and I get felony DWI for 2nd charge. Since 11 years ago I had Y/O dwi they want to do 5 years probation and some jail time. Since I'll be in jail anyway I want to just get it done with and do jail instead of probation. Is there any idea how long the equivalent jail to 5 yrs probation would be? I have a lawyer that won't give me a straight answer and I don't know if he's "trying to save my life" as he says or solve my legal case [what I want]. thanks in advanced I feel like I'm getting screwed as. first dwai was ridiculous and this punishment is based heavily on that.
There is no formula for what you ask. If you are charged with felony DUI you face up to 4 years in jail. You can...
Can you help a man who is in Nassau jail since Nov 6, for 9 mos (possible 6 mos) 3 yrs probation get out earlier than 6 mos?
Daniel age 52, DWI arrest 11/6/2015 I took plea 8/5/2016 advised by 18B lawyer while in a depression He entered Pheonix House 9/29/2016 Counselors wrote Judge letters and the Director of Pheonix House spoke to the judge. He did so very well in Pheonix House and was a help there with others. Made wonderful progress. He was sent to Nassau Jail 11/6/2017. ADA would not budge, Don't understand, I thought the Judge had more control over the ada? Daniel has a heart condition and has 2 stents. He should be going for Doctor followups. He also was on Anti-depression meds. I would Appreciate any advice.
The Judge cannot change the terms of a plea bargain.
Do you think the DWI/Drug sentencing will make me do Drug Treatment twice?
Hello, I was charged with DWI and Criminal Possession of Marijuana earlier this year. I got a plea deal to reduce it to DWAI and was told by my lawyer Marijuana charge will probably get an ACOD. I had to do Drug treatment for six months, Community Service, Victim Impact panel and Breathalyzer in car for six months all of which I successfully completed. I have my certificate of Completition from the drug treatment outpatient program I was mandated to attend. Lawyer told me when I go back to get it reduced to DWAI from DWI I will be sentenced to conditional discharge, fine, enroll in Drinking Driver Program and 90 day license suspension as per statue. My question is, with regard to the ACOD, is it likely the judge will make me do drug treatment again in another outpatient, or unlikely since I already successfully completed it? I know I have to enroll in DDP, but that's not drug treatment, just really hoping I don't have to complete another program for six months as part of the ACOD? Should I be good?
I highly doubt you will be required to complete anther treatment program so long as your first program covered both...
Is it possible to get a conditional discharge/no probation for a DWI in Nassau County?
Summary: 0.17 BAC, no accident, no prior offense. Took an OASAS evaluation as a condition of ROR and was recommended for 6 weeks of treatment. Second court date, lawyer told me that “DA recommended treatment” and then said I would be likely to receive probation and nothing else with a reading that high. I have an appointment for enrolling in treatment before my next court date. Is there any way to avoid 2-3 years probation in this case, is there any law stating that a conditional discharge cannot be offered with a reading of 0.17? I understand that even with a conditional discharge I would be anticipating an ignition interlock and license revocation, as well as fines.
The short answer is that yes, a conditional discharge is a potential sentence instead of Probation. It is very fact...
Why do I have to get a 2nd oasas evaluation?
I was convicted of a dwi. It was a chemical test refusal. My legal aid lawyer informed me I would need an oasas evaluation for court since it was a refusal. I got the evaluation. Treatment was not recommended. Then they sentenced me to interim probation for one year and community service, defensive driving. That was the agreement. Then my probation officer tells me my oasas evaluation I got isn't good enough and it has to be an oasas provider from there list. Is a probation officer allowed to tell you your first oasas evaluation isn't good enough? Then when you pick her provider, they recommend you to treatment. This was not agreed by the court! Is this allowed?
A lawyer would need to read your terms and conditions of probation to give you a definitive answer to your question....
ACOD with the DWI to DWAI Nassau County?
Hello, Earlier this year I was arrested and charged with a DWI and as police searched my vehicle, 221.15 (Criminal Possession Marijuana 4th degree). Last Court date I struck a deal with the district attorneys office to enter into a program consisting of drug treatment and some other things, and when I go back to court in a few months the DWI will be reduced to a DWAI at sentencing. We never really spoke much about the 221.15 though. I am assuming since they are reducing the DWI to DWAI they most likely will reduce the 221.15 to a disorderly conduct or perhaps give me an ACOD? Is this realistic since they offered me a reduction to DWAI it would make no sense to be convicted on 221.15. I spoke to my lawyer about this and they said that I likely will have it dismissed..but is this even possible? I thought most marijuana causes in NY are given an ACOD? If you folks had to guess, am I getting an ACOD on the 221.15 when I go back to get my reduction to DWAI? My lawyer said not to worry about it but my mind is thinking of all the possibilities..and this would be a real waste of time if convicted of 221.15 since it would give me a record. No other offenses ever clean record
The Nassau County District Attorney's office will, in many cases consent to dismiss lower charges on the same docket or...