New Criminal Law Court Decisions

The law and the cases interpreting the law are always changing and being updated. At JOEY JACKSON LAW, PLLC we strive to keep with all of the new criminal law court decisions as they are published. Knowledge is a very powerful tool for the competent representation of our clients.

DWI

People v. Odum – NYS Court of Appeals (May 13, 2018)

The Court of Appeals threw out the Defendant's breathalyzer test results because his consent to take the test happened more than two (2) hours after his arrest. That's a BIG NO NO !!! The Court also said the test was involuntary because the "refusal warnings" were not read accurately.

https://law.justia.com/cases/new-york/court-of-appeals/2018/46.html

Search And Seizure

People v Geddes-Kelly – NY Appellate Division 2nd Department (July 11, 2018)

Although the initial search of the Defendant was valid, the continued search of the Defendant's wallet (where he had several stolen credit cards) was found to be illegal. Therefore, the stolen credit cards were thrown out. And so was the case.

http://nycourts.gov/reporter/3dseries/2018/2018_05195.htm

Miranda Warnings

People v. Buchanan – City Court, Westchester (July 23, 2018)

The defendant made a statement to the police which was later thrown out since he never waived his right to remain silent. The court ruled that handing a defendant the waiver form while telling him to read and sign it, was not enough to show that he understood he was waiving his right not to talk.

http://www.nycourts.gov/reporter/3dseries/2018/2018_28231.htm