Sealing Criminal Records in Buffalo Area Courts under CPL 160.50 and 160.55

Sealing Criminal Records in Buffalo Area Courts under CPL 160.50 and 160.55

J John Sebastian

Buffalo City Court follow the laws set forth in the New York  Criminal Procedure law in regards  to the sealing of records.  Despite the confusion and abundant  misinformation on the topic, it is a critical area of New York Criminal  Law. After all the worst consequence to a  criminal charge is usually  not jail, a fine or community service, but the criminal record  that will usually  result.

The following information reflects my  understanding of what happens to charges when they are disposed of in  New York State either by conviction , verdict or pea or by  dismissal, (acquittal or dismissal, ACD)  

WHAT IS THE DIFFERENCE BETWEEN SEALING AND EXPUNGEMENT IN NEW YORK?
"Expungement" means that the record is  actually taken out of the system.   "Sealing" means that the record  exists, but that it is hidden from public view.   When a record is  sealed at the Court level it means that the Court's file is stored at the  Particular Courthouse where the sealing was ordered, and that there is  also an electronic record there of the case, but neither the actual file  nor the computer record is available to the general public.
Under New York CPL 160.50, there is a combination of sealing and expungement   with regards to a defendant's criminal criminal record. The fingerprints, photographs and  arrest records are supposed to be destroyed (expunged) at the police  level, but the Court Records are neither destroyed nor returned,  Instead, under CPL 160.50 they are sealed at the Court level and are  also sealed in Albany, New York.  But even Albany maintains a  special  electronic file of the arrest which is not disclosed except under very special circumstances.
What Records can be sealed in New York?
In New York State, a record of a  criminal conviction, of  any misdemeanor or felony except a  youthful offender adjudication, is never sealed and is  considered a  public record available to anyone through the OCA website for a $55 fee.  Even  if the person had the charge reduced from a felony  to a misdemeanor or only received probation.  There are no exceptions to  this general  rule.
In New York, the only records that get sealed are complete dismissals including:
ACD's   other forms of dismissal and Acquittals, these get the full seal  treatment of CPL 160.50.  Also, charges that are reduced  from a misdemeanor or felony to a violation or infraction get the  partial seal treatment of CPL 160.55.   j john sebastian attorney The Law Office of J. John Sebastian

Buffalo NY Area Bad Check Lawyer

Issuing a Bad Check: New York Penal Law 190.05

Issuing a Bad Check (New York Penal Law 190.05), is  one of the least serious fraud type  crimes handled by Buffalo Area criminal lawyers. It is  a “B” misdemeanor punishable by up to 90 days jail,.  Should you be convicted of this crime, it could put a very bad mark on your record and be prepared to place your immigration status in serious jeopardy. Certainly you will need the experience of a Buffalo criminal defense attorney.

In simple terms, one is guilty of NY PL 190.05 for Issuing a Bad Check if they deliver a check to another person knowing that you or the person for whom you are uttering or passing the check does not have sufficient funds to cover the check. Additionally, you must intend that when the receiver of the check deposits it, payment will be refused and it is in fact refused.

Making things tougher when facing the charge of Issuing a Bad Check, the law provides for many damaging presumptions found under New York Penal Law 190.10.

Specifically, if the drawer has non-sufficient funds in his or her bank account to cover that check, the law permits a judge to issue a ruling that allows a jury (or him or herself if there is a bench trial), to infer that the drawer knew the account lacked the funds. Also,  another presumption that you intentionally issued a bad check is permissible if you actually issue a check from an account that is closed.

Despite the lawapparently being stacked against a person arrested or accused of Issuing a Bad Check in Buffalo or the adjacent Towns and Villages  there are practical and statutory defenses. Whether any of these will work for you is something that you and your counsel should discuss and potentially implement as soon possible.

What Should You Do If You Have a Bench Warrant in New York State?

 A bench warrant has the potential to cause you significant problems and can be taken as a clear sign that you have erred somewhere along the way. If you have a bench warrant out for your arrest, it is important to discuss your options with a skilled criminal defense lawyer.
Can we get the judge to quash your bench warrant? Can we make arrangements for you to be re-released? In many cases YES. We are committed to helping you find the answers to these questions and making sure your best interest are protected. Call 716-254-1751 for a free initial consultation with an attorney. We are available 24 hours a day, seven days a week.

How Do Bench Warrants Work?

If you were released after your arrest and given a date on which to report in the future, you will be issued a bench warrant by the judge for failure to appear in court on that date. From there, the warrant makes its way to the clerk's office and then to the bench warrant squad who will seek to arrest you.
In other cases, a letter will be issued requesting to find out why you failed to show up. It is important to take these matters seriously, as they could potentially impact the result of your case. We are experienced at vacand will seek to clear up your situation with the judge.
If you think you may have a bench warrant, to lea

Developing The Theory of the Case before Trial

Posted on 2013-03-20 09:01:43

The Theory of the Case
The theory of the case should start being formulated from the moment your client finishes telling you what happened that resulted in criminal charges. 
It begins during the first interview and is detailed and gone over as each bit of information is conveyed. It encompasses what the prosecution  must prove, what you can prove, what objections you’ll make, what motions you will bring.
It considers the discovery you have, the discovery you need to get  and what you will do  about obtaining it. Your theory will dictate how your client dresses what you say in your opening statement , and what jurors you will pick to serve on the jury. The theory of the case is the general theme of your defense it sets the stage for what defenses if any will be presented, and it must at least be considered before any meaningful progress is made on the file.
If you are facing a possible criminal jury trial for a serious offense contact J John Sebastian for a Free Consultation today.

Sample Bail Motion NYS

Sample Bail Motion NYS

Posted on 2013-03-20 09:12:02

[Many judges will not entertain applications for bail unless the application is in writing. Institutional defender offices often have a standard form that may be filled in by counsel. Alternatively, counsel may prepare a bail application.]

____________ COURT OF ________________

COUNTY OF ______________

-------------------------------------------------------------------X

THE PEOPLE OF THE STATE OF NEW YORK

-against- NOTICE OF BAIL MOTION

Index No. _________

[NAME],

Accused.

-------------------------------------------------------------------X

S I R O R M A D A M :

PLEASE TAKE NOTICE, that upon the annexed affirmation of ____________________, the attorney of record for the accused ___________________, the annexed exhibits, and upon all the proceedings had heretofore, a motion will be made in the _______________________ Court of __________________, County of ____________________, Part _____, at the Courthouse at ___________________________________, New York, on the ____ day of ________________, _____, at ______ in the forenoon or as soon thereafter as counsel may be heard for the following Order setting reasonable bail.

Dated: ________________, New York

[Date] Respectfully Submitted,

s/ ________________________

[Signing Attorney’s Name]
Attorney of Record for the Accused
[Address]

TO: District Attorney
___________ County

Clerk, Part ______
___________ County

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Buffalo Weapon/Gun Charge Lawyer

Buffalo Weapon/Gun Charge Lawyer

Have you been charged with a gun crime in the Buffalo Area or Erie and Niagara counties?  Possessing a firearm for self defense is a sacred right guaranteed by the United States Constitution.  Two recent Supreme Court cases have held that the 2nd Amendment gives the right to individuals to keep and bear arms.  Despite this, New York has some of the most restrictive gun laws in the United States. Erie County is even more restrictive.  As a supporter of the National Rifle Association, J. John Sebastian is committed to ensuring that your constitutional rights are not infringed.  He defends clients charged with crimes including:

• CPW 2nd Degree
  
• CPW 3rd Degree
• CPW 4th Degree
• Possessing unregistered or unlicensed firearms
• Possessing firearms by felons
• Possessing firearms by minors
• Negligent or unlawful discharge of firearms
• Menacing
• Assault with a deadly weapon
• Possession of a machinegun or silencer
•  
•  http://buffalocriminalattorney.iconosites.com/page/weapon-and-gun-charges

Buffalo Area Juvenile Crime Lawyer

Buffalo Area Juvenile Crime Lawyer

 

Although most juvenile crimes are similar to those for adult offenders, the penalties and laws associated with juvenile crimes are substantially different. Two of the most significant differences are that juveniles are not entitled to a trial by jury and must be represented by an attorney. A juvenile offender is anyone between the ages of ten and seventeen. In most juvenile cases, it is possible to have the child receive an alternative disposition instead of placement in a state facility.
In addition to attempting to dismiss and reduce charges, J. John Sebastian will fight aggressively to keep your child out of state facilities. He will do everything possible to ensure the case is kept in juvenile court and that a 16 or 17 year old isn’t thrown unfairly into adult court. We are on the same team, and we want to see your child at home with you where they belong.
Contact J. John Sebastian  to make sure that your child receives all the attention they deserve. Young people make mistakes and it is extremely important to make sure that these mistakes don’t ruin their future! A juvenile crime attorney like J. John Sebastian will treat you and your family with respect and try to provide the emotional support you need while strongly defending your child’s rights and ensuring they get the best possible defense and outcome, including the possibility of case dismissal or reduction of the charges.
IF YOUR CHILD HAS BEEN ACCUSED OF A CRIME BUT HAS NOT YET BEEN CHARGED, CALL J. John Sebastian IMMEDIATELY. HE MAY BE ABLE TO PREVENT THE FILING OF FORMAL CHARGES.

DEMAND FOR DISCOVERY NY

DEMAND FOR DISCOVERY NY

[The demand for discovery must be made within 30 days after arraignment on the indictment in a felony case or the first appearance of counsel, whichever is later, but before the beginning of trial. Where counsel is present at arraignment, demands for discovery and requests for bills of particular should be made as soon as possible so that non-compliance can be dealt with in the form of a motion to compel in the Omnibus Pretrial Motions, which are due within 45 days of arraignment.

The best practice is to serve the original discovery demand and request for particulars upon the prosecution, and to file a copy of both – along with a certificate of service – with the clerk of the court. This practice keeps the record clear and lays the groundwork for any future motion to compel.

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In those jurisdictions with “open file discovery” – a phrase that has different meanings in different places – it still is incumbent upon the defense lawyer to file Brady demands that are tailored to the case at hand. Counsel should never rely on generalized demands for “all favorable evidence.” Discovery, except for Brady material, is limited to “tangible property.”]

____________ COURT OF ________________

COUNTY OF ______________

-------------------------------------------------------------------X

THE PEOPLE OF THE STATE OF NEW YORK

-against-

Index No. _________

[NAME],

Accused.

-------------------------------------------------------------------X

DEMAND FOR DISCOVERY

I am the attorney of record for the accused ______________________. This request is made together with the accompanying Request for a Bill of Particulars to help me prepare for trial. Pursuant to CPL §§ 240.20 and 340.30, I am writing this demand for you to produce the following information relating to the charges pending against Mr. ____________________:

1. CPL § 240.20(1)(a)

Every written, recorded, and/or oral statement of Mr. ________________ made, other than in the course of the alleged criminal transaction, to a public servant engaged in law enforcement activity or to a person then acting under his direction or in cooperation with him and approximately when Mr. ______________ is alleged to have made each statement and where he was when each alleged statement was made.

2. CPL § 240.20(1)(b)

Any transcript of testimony relating to the criminal action or proceeding pending against the accused, given by the accused.

3. CPL § 240.20(1)(c)

Every written report and/or document, or portion thereof, concerning a physical or mental examination, or scientific test or experiment, including any laboratory reports prepared relating to the criminal action or proceeding which was made by, or at the request or direction of, a public servant engaged in law enforcement activity, or which was made by a person whom the prosecutor intends to call as a witness at trial, or which the People intend to introduce at trial, including but not limited to

a. information regarding the physical examination of Mr. ______________, including any photographs of Mr. ___________’s physical condition; and memo book entries and each other notation made by each police officer;

b. the results of any fingerprint tests performed.

4. CPL § 240.20(1)(d)

Every photograph and/or drawing relating to the criminal action or proceeding which was made or completed by a public servant engaged in law enforcement activity or which was made by a person whom the prosecutor intends to call as a witness at trial, or which the People intend to introduce at trial, including but not limited to photographs, diagrams, sketches, memo book entries, and any other such writing pertaining to the location of the arrest and/or the alleged damage done to the trailer.

5. CPL § 240.20(1)(e)

Every photograph and drawing relating to the criminal action or proceeding made by or at the direction of a police officer, peace officer or prosecutor of any property prior to its release pursuant to the provisions of section 450.10 of the Penal Law, irrespective of whether the People intend to introduce at trial the property or photograph, photocopy, or other reproduction.

6. CPL § 240.20(1)(f)

All property alleged to have been obtained from or attributed to the accused.

7. CPL § 240.20(1)(g)

Every tape and other electronic recording which the prosecutor intends to introduce at trial, irrespective of whether such recording was made during the course of the criminal transaction, including but not limited to all tapes of radio transmissions, tapes of telephone calls, and videotapes, if any, as well as any SPRINT printout and precinct telephone switchboard record or telephone log entries.

8. CPL § 240.20(1)(i)

The approximate date, time, and place (a) of each offense charged, and (b) of Mr. ____________________’s arrest.

9. CPL § 240.20(1)(h)

Anything required to be disclosed, prior to trial, to the accused by the prosecutor, pursuant to the Constitution of New York State or the United States, including but not limited to all property, evidence, information, or leads to information, which are exculpatory or which could reasonably be expected to weaken or affect any evidence proposed to be introduced against the accused or which would in any manner aid the accused in the preparation of an adequate and proper defense or which are otherwise favorable to the accused or which may lead to exculpatory or arguably exculpatory property, evidence, or leads, regardless of any statute, rule, or regulation otherwise governing the time of disclosure of such items, including but not limited to the items enunciated in CPL § 240.45(1) and (2), on a continuing basis, regardless of whether admissible at trial or not.

Any exculpatory evidence and/or information pursuant to Brady v. Maryland, 373 U.S. 83 (1963), United States v. Agurs, 427 U.S. 97 (1976). Also, specifically indentied evidence which defense counsels claim to be exculpatory.

All evidence within the custody or knowledge of the People which might adversely affect the credibility of any witness that the prosecution intends to call at trial (see Giglio v. United States, 405 U.S. 150 (1972); People v. Geaslen, 54 N.Y.2d 510, 446 N.Y.S.2d 227 (1981); People v. Cwikla, 46 N.Y.2d 434, 414 N.Y.S.2d 102 (1979); People v. Wallert, 98 A.D.2d 47, 469 N.Y.S.2d 722 (1st Dep’t 1983); People v. Hopper, 87 A.D.2d 193, 450 N.Y.S.2d 798 (1st Dep’t 1982)).

Kindly furnish me with the foregoing within fifteen (15) days at my office. You are required to provide all Brady material forthwith (see People v. Velez, 118 A.D.2d 116, 504 N.Y.S.2d 404 (1st Dep’t 1986)). [In making a Brady demand, counsel should consider all the ways that the prosecution’s case could fail against the client and demand – in as many and varied ways as possible – material related to these potential failures. For example, in an identification case, defense counsel should seek Brady material that shows that one or several witnesses failed to identify the accused and/or anyone else as the perpetrator. Counsel should avoid making Brady demands that seek, in whole, “all favorable evidence.”]

If you have any questions concerning this demand, please notify me of them in writing prior to the date by which these items are requested.

Dated: ________________, New York

[Date] Respectfully Submitted,

s/ ________________________

[Signing Attorney’s Name]

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Sample Request For Bill of Particulars NY Criminal

Sample Request For Bill of Particulars NY Criminal

Posted 01:30 AM March 21, 2013

Editors Note: [99 ½ times out of 100 the Bill of Particulars asks for information which is already set forth in the indictment. A Bill of Particulars only allows an amplification of the pleadings contained in the indictment. It is not to be used for discovery of evidence or prosecutor theory.]

___________ COURT OF ______________

COUNTY OF ________________

-------------------------------------------------------------------X

THE PEOPLE OF THE STATE OF NEW YORK

-against- Index No. ___________

[NAME],

Accused.

-------------------------------------------------------------------X

REQUEST FOR A BILL OF PARTICULARS

I am the attorney of record for the accused ___________________. This request is made together with the accompanying demand for discovery to help me prepare for trial. In order for Mr. ____________ to defend himself, it is necessary and essential to the defense that specific items of factual information, not recited in the indictment. Mr. _______________ cannot adequately prepare or conduct his defense without the information requested. Pursuant to CPL §§ 100.45 and 200.95, I am requesting that you produce the following information relating to the charges pending against Mr. ______________.

With respect to all charges, state:

1. Whether the prosecution intends to prove that Mr. ____________ acted as

a. principal, or

b. accomplice, or

c. both.

2. State with sufficient specificity to understand the nature of the incident, and exactly where the incident occurred,

Request is further made that any Bill of Particulars and/or any refusal to supply any of the requested material be made in writing setting forth the grounds for such refusal (CPL § 200.95(4)). A copy of such writing should be served upon the undersigned and filed with the Court within 15 days. Kindly serve the Bill of Particulars requested and/or any refusals at my office.

Dated: _____________, New York

[Date] Respectfully Submitted,

s/ ___________________________ 

[Signing Attorney’s Name]

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ORDER TO SHOW CAUSE (SAMPLE)

___________________ COURT
COUNTY OF ___________ STATE OF NEW YORK, PART ___

_______________________________

[Use Caption as per Mandate of ORDER TO SHOW
Commitment, supra] CAUSE

(SAMPLE)

_______________________________

TOJOHN J. DOE, ESQ.

SIR:

PLEASE TAKE NOTICE that upon a transcript of the minutes of this court (a copy of which is available for your inspection and copying in the Court Clerk’s Office), you are hereby ordered to show cause at Part ___, to be held at the courthouse, ____________, New York, on the ______ day of _________, 20__, at ____ o’clock in the ____noon, why you should not be adjudicated and punished for Criminal Contempt pursuant to §§ 750 and 751 of the Judiciary Law for the following specified contemptuous conduct:

SPECIFICATION I

On _________, 20__, at about _______, during a trial entitled The People of the State of New York v. Richard Roe and during a session of Part ___ of the court, and in full view and presence and hear­ing of those who were in attendance before the court, you addressed the court as follows:

“You are a goddamn fool, and you don’t know what the hell you are talking about; they never should have let you become a judge; you are a danger to justice in this state.”

SPECIFICATION II

On _________, 20__, at _______, during a trial entitled The People of the State of New York v. Richard Roe and during a session of Part ___ of the court and in full view and presence, and in the hearing of the court, and in the full view and presence and hearing of those who were in attendance before the court, you addressed the court in a loud voice as follows:

“I don’t care what you say and I don’t care what your directions are. I will do what I please to defend my client and nobody, including you, is going to do anything about it.”

That the acts set forth in Specifications I and II consisted of disorderly, contemptuous and insolent behavior committed during the sitting of the court, in its immediate view and presence, which obstructed and immediately threatened to obstruct the proceedings and impaired the authority of the court over said proceedings in violation of Subdivision 1 of Judiciary Law § 750(A), and the acts set forth in Specifications I and II also consisted of a breach of the peace, noise or other disturbance which interrupted and directly tended to interrupt the court’s proceedings in violation of Subdivision 2 of Judiciary Law § 750(A).

PLEASETAKE FURTHER NOTICE, that you are entitled to a hearing on the above specifica­tions; that you are entitled to the aid of counsel; that you are entitled to a reasonable adjournment for the purposes of obtaining counsel; that you are entitled to confront and examine witnesses who may be called upon to testify; that you are entitled to call witnesses on your own behalf; that you are enti­tled to compulsory process for the purpose of calling witnesses.

PLEASE TAKE FURTHER NOTICE, that if you fail to answer this citation as ordered, a warrant for your arrest will be issued and you may be subject to an additional citation for contempt of court for disobedience of the same.

PLEASETAKE FURTHER NOTICE, that if you are adjudicated in Criminal Contempt of Court, you are subject to a fine not exceeding $1,000, or to imprisonment, not exceeding 30 days, or both.

Service of this citation upon the alleged contemnor will be made by personal service.

In witness whereof, I have hereby set my hand and seal at ____________, New York, on this _____ day of _______, 20__.

____________________________________
Justice/Judge of the ________ Court

Buffalo Computer Fraud Defense Attorney

Buffalo Computer Fraud Defense Attorney

As computers become a common and integral part of everyday life and most businesses, Computer Fraud has become progressively more apparent.  A Buffalo area Computer Fraud attorney on the team J John Sebastian attorney at law  will explain to you that this crime can be very complex or quite simple, and we can counsel you at no cost consultation about how to defend yourself against these criminal charges. Very often a Computer Fraud can lead to criminal charges in both New York State Court as well as Federal Court.
Whenever a computer has  been used to facilitate a criminal act, a charge of Computer Fraud may be brought by the US Attorney, Erie County offices of the District Attorney,or Buffalo PD. The crime therefore represents a broad category of deceptive activities that are generally designed to steal, destroy, or misrepresent information. For instance, Computer Fraud occurs if you access credit card numbers or Social Security numbers online in order to use them illegally. Computer Fraud is frequently connected to Credit Card Fraud, or other crimes such as Bank Fraud, Embezzlement and in some instances Bribery.
Among the common actions that can be prosecuted under the charge of Computer Fraud are the following:

• Posing as someone else online.
• Emailing a hoax with the intent to scare or intimidate others.
• Employing spyware or other malicious software, or hacking into a computer system, to collect the private information of a business, an individual, or a group of people.
• Emailing investment schemes with the intention of taking other people's money.
• Illegally accessing a computer to alter business, government, medical, academic, or other records.
• Intentionally sending harmful computer viruses to damage the computers of others.

Because defending a charge of Computer Fraud typically involves both technological and financial investigations—and because relevant records can be preserved even if you believe they've been erased—you need a skilled defense team on your side. You might face multiple charges, criminal or civil prosecution, prison time, or fines (even if you're convicted of only minor fraud). So contact J John Sebastian today to set up a free consultation with an experienced Computer Fraud Attorney

Buffalo Area Stalking Defense Attorney

Buffalo Area Stalking Defense Attorney

In Western New york, the various Offices of the District Attorney take Stalking charges very seriously.
There are four different types of Stalking ranging from Misdemeanor charges to 2 Felony charges. The first Misdemeanor Stalking charge is Stalking in the fourth degree, which is a B Misdemeanor, and the highest is Stalking in the first degree, which is a class D Felony. The basic concept of Stalking is that the accused  places the victim in fear for her safety by showing up or following or initiating contact through some type of communication or starting another type of communication after the victim has requested for all communication toend.
After the Alleged stalker  is told to stop this conduct, the law uses a "reasonable person" standard to determine whether any further contact would place a person in fear for his safety. If the answer is "yes," (a reasonable person would be in fear) than the Stalking Law has been violated.
Any Buffalo area Stalking attorney will tell you the Offices of the District Attorney in Erie County are more sensitive to Stalking cases because they have potential to lead to more serious crimes and more serious criminal charges. Stalking cases have turned into assault, sex crimes, rapes, kidnapping, robbery and even murder. That's why the Courts, after an arrest on a Stalking charge, generally issue an Order of Protection. The purpose is to stop all contact and communication between parties and  by stopping the contact, it stops the criminal behavior from escalating to one of the more serious crimes. Defending Stalking cases focuses the defense on the mind set of the parties. Was it reasonable for the alleged victim to fear for his or her safety and well-being? Was there a legitimate purpose for the alleged perpetrator to be interacting with the alleged victim? Remember the legal standard is that the District Attorney has to prove guilt is beyond a reasonable doubt. The burden of proof is on the District Attorney not the Buffalo Area Stalking Defense Attorney. Very often these cases do not involve witnesses. Therefore, the Stalking case is a "he said, she said' and the case will be a battle of credibility between the parties.

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Buffalo Area Arson Defense Attorney

Buffalo Area Arson Defense Attorney

A Buffalo  Arson attorney explains the New York State Arson law, the 5 different levels of Criminal Arson charges and affirmative defenses to Arson.
The common definition of Arson is setting fire to a building or property without having the owner's consent. In New York, any Arson attorney will tell you that this definition has been broken down further to separate between the different types of fires that can be set, the type of property that is set on fire and the risk of injury to people from such fires.
Moreover, the Western New York offices of the District Attorney as well as Western NY area Judges have exhibited a very low tolerance for defendants charged with Arson. The reason is the dangerous nature of a fire in so far as how it can spread and the  damage that can be caused to both people and property. That is why it's important for a defendant to have a Buffalo Area Criminal Attorney who has experience in handling Arson cases. An experienced New York Arson Lawyer can limit your exposure in the event of an unintended consequence of a fire that has been started and has gone out of control.
When you face the criminal charge of Arson, you need a Buffalo Criminal Attorney who will stand by you and fight for your rights

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Is There A Statute of Limitations for Car Accidents In New York State?

Is There A Statute of Limitations for Car Accidents In New York State?

If you're in a car accident, what should you do?
First when getting into a vehicle accident, you have to stop your car. This is even more important and even imperative when your accident results in personal injury to someone, whether minor or serious.

You also have to swap information with the other driver, if they're able to exchange information with you. You should provide your name, address and the registration number of your vehicle.
Now, if the other person is not able to exchange information, presumably because the other person is injured, you have to stay at the scene and call 911.
If you don't stay at the scene, you could be charged with a crime. . There's even the possibility of jail time for fleeing the scene of an accident.
If there's a death by vehicle, you can face  jail time, if your criminal negligence caused the accident. This can be the case when the accident was a result of excessive speeding, DUI, or other forms of reckless driving. While those charges are pretty bad, fleeing from them won't make a bad situation better. It will only make the situation worse.
If you're in a car accident,

• Collect and preserve evidence. Take pictures of scene and any injuries.


• Take notes.  jot down what happened as soon as possible after the crash. Include details about damage and injuries if any


• Don't say too much. If the other party's insurance company calls you, you may want to direct them to your insurance co.. Hiring a lawyer can also be a smart move, depending on the circumstances of your crash.

http://www.merchantcircle.com/business/J.John.Sebastian.Attorney.716-362-1146

Buffalo Knee Injury Attorney

Buffalo Knee Injury Lawyer

Whether you  do work  that produces constant stress on your shoulders, knees and other joints, or you have been involved in a workplace accident, on-the-job injuries are serious and can leave you out of work for an a long of time. If you have suffered a knee or shoulder injury on the job, you are eligible to apply for workers’ compensation benefits that will pay for medical expenses and time away from work.
 If your knee or shoulder injury was caused by by someone else’s negligence or misconduct, our firm can help you file for the benefits you deserve.

Common Types of Shoulder and Knee Injuries

Our attorneys frequently represent construction workers, industrial workers and other employees who have suffered shoulder and knee injuries in accidents or due to repetitive strain.
Common types of shoulder and knees injuries may include:

• Torn rotator cuffs
• Shoulder dislocation
• Clavicle fractures
• Patella pain
• Dislocated kneecap
• Meniscus tear
• Ligament injuries

If these injuries have left you  disabled or unable to return to your job, our firm will help you pursue all available benefits. We will use our e experience and resources to fight for your success.

Buffalo Area Parking Lot Trip-and-Fall Attorney

Buffalo Area Parking Lot Trip-and-Fall Attorney

Usually parking lots in the Buffalo Area are built and maintained with the assumption that they’re going to be used by vehicles, and property owners forget that these vehicles have people in them who will need to be provided with safe surfaces forgetting to and from their cars.
If you’ve slipped or tripped, fallen and gotten injured in a public or private parking lot, our experienced Buffalo parking lot trip-and-fall attorneys at J John Sebastian law Firm., may be able to help you get compensation for your injuries through a premises liability claim.

Holding Property Owners Accountable for Defects and Poor Maintenance

Parking lots get both heavy vehicular traffic and heavy foot traffic, and they are usually exposed to the elements, including heat, cold and precipitation,  which can lead to wear and tear. Conditions such as these can prove particularly hazardous:

• Potholes in areas where people are likely to walk
• Slippery and icy walkways and stairs
• Uneven pavement and blacktop

Both private and municipal parking lot owners have a responsibility to keep their premises and fix defects. When they fail to do so, people can incur serious injuries. Parking lot hazards can cause particularly severe harm to seniors  and people with disabilities.
If you or a loved one has been injured in a parking lot trip-and-fall or slip-and-fall accident, our team of dedicated lawyers can help. Let us put our experience and passion to work for you.
Call Us  at 716-362-1146

Buffalo Area Head on Collision Accident Attorney

Buffalo Area Head on Collision Accident Attorney

Common Causes of Head-On Collision Car Accidents

Head-on collisions usually involve a party's gross negligence, such as:

• Drunk drivers or drivers under the influence of drugs
• Excessive speeding
• Sleeping at the wheel
• Going the wrong way on a road, entrance ramp or interstate
• Defective and dangerous roadways
• Negligent bus,  and other mass transit drivers

Even when drivers and passengers wear seat belts and air bags deploy, head-on collisions may still result in traumatic brain injuries, paralysis or wrongful death. The recovery process for people who survive head-on collisions is very lengthy and expensive, making maximum compensation a must for continuing care.

Get the experiencedbRepresentation You Deserve

If you have been involved in a head-on collision,  due to an accident, contact the Sebastian Law Firm to learn more about your rights. Schedule a free initial consultation with our firm, where we will explain your options .

Experienced Buffalo Premises Liability Attorney

Experienced Buffalo Premises Liability Attorney

Posted 06:36 PM March 22, 2013

Property owners are responsible to maintain their buildings and to keep people reasonably safe from harm in those buildings. When unsafe building conditions are present  it may cause slip, trip and fall accidents that result in broken bones, head injuries, paralysis and other injuries. Premises liability law is designed to protect people from harm and to help them pay for medical bills, lost earnings, pain and suffering and other expenses.
The Sebastian Law Firm has  years of experience handling personal injury and premises liability cases. Any type of building, from grocery stores and malls, to government buildings and other public property can present hazards. Our lawyers have likely handled a case similar to yours in the past. Our results speak for themselves and show why clients across Western New York continue to choose our firm to represent them in their personal injury cases.

Motorcycle Accidents

Motorcycle Accidents

Posted 06:40 PM March 22, 2013

Motorcycle accidents, like other accidents involving motor vehicles, can be caused by a number of different reasons.. While an accident can be the fault of the motorcycle driver, many times, other drivers cause accidents involving motorcycles. Because of a motorcycle’s relatively small size, many drivers of passenger cars and trucks do not notice  motorcyclists. Even if they check their mirrors before changing lanes or turning, the motorcycle may be in the car’s blind spot, and an accident may result. If you were injured in a motorcycle accident, contact Sebastian Law Firm in Buffalo  New York ]], today to schedule a consultation with an attorney to talk about your legal options for recovery.

Buffalo Area Theft Crimes Lawyer

Posted 06:45 PM March 22, 2013

Most Buffalo areatheft criminal defendants are just regular folks, first time offenders, accused of theft of relatively minor amounts. While some our clients intentionally broke the law, others have strayed inadvertently. Whatever your situation is, we will work hard to minimize your liability and help you start with a clean slate.
Most Buffalo New York theft crimes that we deal with are the following:

• Larceny
• Embezzlement (usually involving theft from employers)
• Credit Card Theft and Fraud
• Welfare Fraud
• Unemployment Insurance Benefits Fraud
• Insurance Fraud
• Medicaid Fraud
• Tax Fraud

Contact us online for a free consultation

Buffalo NY Area Promoting Prostitution Charges

Buffalo NY Area Promoting Prostitution Charges

An experienced Buffalo Criminal  Lawyer will tell you that the sex crime of Promoting Prostitution takes place when a person benefits and profits from prostitution, but is neither the person acting as the prostitute or employing  a prostitute. The crime of Promoting Prostitution involves:

• Receiving money for arranging a prostitute for someone;
• Soliciting a John for a prostitute;
• Operating, managing or owning an establishment that was made for prostitution, and prostitution is practiced there;
• Inducing someone to the life of prostitution (turning girls out).

If you have been charged with Promoting Prostitution or other Sex Crime , or battery, assault, Burglary or endangering the welfare of a child, speak with a qualified Buffalo Criminal Defense  Lawyer from our team today. The penalties you could be facing are serious, and can include jail time, large fines and probation.
In New York State , the Penal Law defines the laws related to Promoting Prostitution, which can be classified as either a misdemeanor or a felony, and punishable by 1 to 25 years in prison. There severity of the charge will depend on:

• How many prostitutes are involved;
• Whether force or coercion was used;
• The age of the prostitutes involved.

Come in and speak with a Buffalo Criminal Defense Lawyer from the Law Office of J John Sebastian for legal guidance.

 http://buffalocriminalattorney.iconosites.com/

Buffalo NY Area Suspended Driver License Lawyer

A Buffalo NY Area  Drivers License Suspension Lawyer can explain that in the State of New York, most people are not aware that driving with a suspended license is a crime . Under New York Vehicle and Traffic Law, section 511, d driving with a suspended license can be a felony offense. It is common , for people to not be aware that they are driving on a suspended license, often until they are arrested.

. Often this problem occurs because someone received a moving violation . If the driver fails to respond to the ticket, and  fails to go to court, or goes to court and is found guilty and does not pay the fine, their license can be suspended. While the DMV normally sends a warning letter informing the driver of a pending suspension, if they do not rget  the letter, they will be unaware of the problem. If you have had your license suspended, it is important to take prompt action and speak with a Buffalo Criminal Lawyer from our team today.
The District Attorney looks at  the number of suspensions to decide on the level of the criminal charge. If a driver has received four tickets for example, , each ticket is a suspension. A 4 suspension can result in a misdemeanor charge, which can mean 30 days in jail . If you receive 10 suspensions, you can be charged with a felony offense. Another way to receive a Driver’s License Suspension is to receive 11 points on your license with 18 months for moving violations.
If you have had your driver’s license suspended, speak with a skilled Buffalo NY area Diver’s License Suspension Lawyer from J John Sebastian Law Offices  We will explain the charges against you, and provide you with a complimentary case evaluation with your first visit.

Arrest for a Fake NY State Driver’s License..

This post will cover the a common type of arrest in New York people being caught with a fake ID or New York State Driver’s license.  Many young people in the greater Buffalo New York  area carry a fake ID in order to get into bars before they are 21.  While this seems to be a fairly innocuous reason to carry a fake ID, the law in New York can be quite unexpectedly severe.  Consider the base forgery statute, which criminalizes the possession of any “forged instrument,” which is defined as a “written instrument which has been falsely made, completed or altered.”
PL 170.00(7).  Criminal possession of a forged instrument in the third degree: “A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.  Criminal possession of a forged instrument in the third degree is a class A misdemeanor.”  PL 170.20.
These provisions work to actually criminalize the possession of a fake or forged driver’s license.  However, experience teaches us that that in certain situations, having something like this can actually lead to felony charges.  This is because the next level up in the statutory scheme reads as follows:
PL 170.25 Criminal possession of a forged instrument in the second degree. A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10. Criminal possession of a forged instrument in the second degree is a class D felony.  And, PL 170.10(3) specifically includes  ”A written instrument officially issued or created by a public office, public servant or governmental instrumentality .  .  .”
Problems may compound if the circumstances under which the arrestee is found in possession of the forged or fake driver’s license are egregious.  For example, if a person is found with marijuana and a fake ID, a prosecutor may be more inclined to proceed with serious criminal charges than had the forged driver’s license been the only possible charge.
In any event, should you or a loved one be found facing charges, whether through a processed arrest or through the issuance of a desk appearance ticket, you should immediately consult with an experienced Buffalo Areacriminal defense lawyer.

Why Hire a Local Buffalo Criminal Defense Attorney?

Why Hire a Local Buffalo Criminal Defense Attorney?

Most people will never set foot in a courtroom accused of a crime.  However, for some people infractions of the law occur, no matter how small, and you find yourself accused of a crime.  If this is you, don’t settle for a public defender that may not have the right experience to defend you well.  Hiring an attorney who has the right experience in the right location is a must.
Ask yourself these questions when considering which attorney to hire to defend your case:
1.       Is my case important to them?
A good lawyer should make you feel comfortable and confident that they are fully invested in your case and that they will do everything in their power to defend you.  You should be able to trust them with any and all details of your story with no hesitation.
2.       Is this attorney familiar with local laws?
Whether you live in the area where the crime was charged or not, finding an attorney in that area is crucial.  Local attorneys know the court system, prosecutors, and laws in the local area and have a much better chance of putting together a successful defense when they are working in their own part of the country.
3.       What is their track record related to your charge?
Would you hire a real estate attorney to defend your DWI or a tax lawyer to handle your divorce?  Of course not.  Find out if the attorney has actual experience with cases that deal with charges similar to yours and how successful they have been.
4.       Do they use appropriate language with you?
Having a language barrier can be a huge problem in the attorney/client relationship.  You should understand each other clearly and be able to communicate well.  Also, don’t settle for an attorney who uses too much “legalese” that is difficult for the average person to understand.
There are many more things to consider when hiring a criminal defense attorney to defend you in court, but these questions are a good start.
J John Sebastian Attorney at Law is an attorney who will pass these questions and more with flying colors.  Give his office a call and see for yourself what hiring the right attorney can do to change your life for the better.
www.buffalocriminalattorney.iconosites.com

Buffalo Area Cocaine Possession Lawyer

Buffalo Area Cocaine Possession Lawyer

In New York, Illegal Possession of a Controlled Substance is a very serious offense. One of the most commonly possessed drugs is cocaine. New York has some of the harshest drug laws in the U.S. Possession of a Controlled Substance in any quantity is considered an A Misdemeanor. The penalty for an A misdemeanor offense is a maximum of one year in jail, in addition to monetary fines and probation.

If the amount of the drug is more than 500 mgs, the crime goes up to a D felony. A felony is punishable by at least one year in jail or more. If the amount of cocaine is higher than 1/8 ounces, the crime is considered a C felony. The higher the quantity of drugs, the more severe the offense you will face. Two ounces of Cocaine is considered an A II Felony, and over 4 ounces is an A I Felony. If you have been charged with Cocaine Possession or other serious crime such as robbery, white collar crime  speak with a Buffalo Cocaine Possession Lawyer , J John Sebastian It is important to ensure that your rights are protected at all stages of your legal proceedings.

 http://buffalocriminalattorney.iconosites.com/

Buffalo NY Area Bad Check Lawyer

Issuing a Bad Check: New York Penal Law 190.05

Issuing a Bad Check (New York Penal Law 190.05), is  one of the least serious fraud type  crimes handled by Buffalo Area criminal lawyers. It is  a “B” misdemeanor punishable by up to 90 days jail,.  Should you be convicted of this crime, it could put a very bad mark on your record and be prepared to place your immigration status in serious jeopardy. Certainly you will need the experience of a Buffalo criminal defense attorney.

In simple terms, one is guilty of NY PL 190.05 for Issuing a Bad Check if they deliver a check to another person knowing that you or the person for whom you are uttering or passing the check does not have sufficient funds to cover the check. Additionally, you must intend that when the receiver of the check deposits it, payment will be refused and it is in fact refused.

Making things tougher when facing the charge of Issuing a Bad Check, the law provides for many damaging presumptions found under New York Penal Law 190.10.

Specifically, if the drawer has non-sufficient funds in his or her bank account to cover that check, the law permits a judge to issue a ruling that allows a jury (or him or herself if there is a bench trial), to infer that the drawer knew the account lacked the funds. Also,  another presumption that you intentionally issued a bad check is permissible if you actually issue a check from an account that is closed.

Despite the law apparently being stacked against a person arrested or accused of Issuing a Bad Check in Buffalo or the adjacent Towns and Villages  there are practical and statutory defenses. Whether any of these will work for you is something that you and your counsel should discuss and potentially implement as soon possible.

Call Buffalo Area Criminal Defense Lawyer J John Sebastian  for a Free consultation...

 

                      716-254-1752

www.jjohnsebastianattorney.com

Sealing Criminal Records in Buffalo Area Courts under CPL 160.50 and 160.55

Buffalo City Court follow the laws set forth in the New York Criminal Procedure law in regards  to the sealing of records. 

Despite the confusion and abundant misinformation on the topic, it is a critical area of New York Criminal Law. After all the worst consequence to a criminal charge is usually  not jail, a fine or community service, but the criminal record that will usually  result. 

The following information reflects my understanding of what happens to charges when they are disposed of in New York State either by conviction , verdict or pea or by dismissal, (acquittal or dismissal, ACD)   

WHAT IS THE DIFFERENCE BETWEEN SEALING AND EXPUNGEMENT IN NEW YORK?

"Expungement" means that the record is actually taken out of the system.   "Sealing" means that the record exists, but that it is hidden from public view.   When a record is sealed at the Court level it means that the Court's file is stored at the Particular Courthouse where the sealing was ordered, and that there is also an electronic record there of the case, but neither the actual file nor the computer record is available to the general public.

Under New York CPL 160.50, there is a combination of sealing and expungement  with regards to a defendant's criminal criminal record. The fingerprints, photographs and arrest records are supposed to be destroyed (expunged) at the police level, but the Court Records are neither destroyed nor returned, Instead, under CPL 160.50 they are sealed at the Court level and are also sealed in Albany, New York.  But even Albany maintains a  special electronic file of the arrest which is not disclosed except under very special circumstances.

What Records can be sealed in New York?

In New York State, a record of a criminal conviction, of  any misdemeanor or felony except a youthful offender adjudication, is never sealed and is considered a public record available to anyone through the OCA website for a $55 fee. Even  if the person had the charge reduced from a felony to a misdemeanor or only received probation.  There are no exceptions to this general  rule.

In New York, the only records that get sealed are complete dismissals including: 

ACD's  other forms of dismissal and Acquittals, these get the full seal treatment of CPL 160.50.  Also, charges that are reduced from a misdemeanor or felony to a violation or infraction get the partial seal treatment of CPL 160.55. 

 

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 The Law Office of J. John Sebastian

Buffalo NY Area Resisting Arrest Lawyer

Resisting Arrest

What sometimes can start  out as  a violation of Disorderly Conduct (NY PL 240.20), can result  in the police taking you into custody for Resisting Arrest pursuant to New York Penal Law 205.30. Whether you are in Buffalo or the outlying townships like Amherst, Cheektowaga, or Tonawanda  you now find yourself charged with a misdemeanor and in need of a Buffalo Area criminal defense attorney.

While often a legitimate charge by the police for  fights during an arrest procedure, the crime of Resisting Arrest also enables law enforcement to charge  you with an offense punishable by up to one year in jail for something that is minor  and truly "non criminal." According to the law of Resisting Arrest in New York State , if you prevent or attempt to prevent a police officer from placing you under arrest where he or she is authorized to do so you are guilty of an "A" misdemeanor.

If you swing your arms or hold them up so that you cannot be handcuffed, that will probably  establish resisting arrest.  Certainly, thefacts of every case are different  , but if someone  intentionally tries to stop the police from making  an authorized arrest it is likely they  will face this charge. If convicted as an adult, this crime will permanently remain on your record.

It is important to note that if you are charged with Resisting Arrest there are certain issues you should discuss with your Buffalo Area criminal defense lawyer before considering accepting any deal.

http://buffalocriminalattorney.iconosites.com

Police afforded more discretion to use canine drug sniffs during automobile stops

Police afforded more discretion to use canine drug sniffs during automobile stops

The New York Court of Appeals, in two cases involving the use of drug sniffing dogs during automobile stops, held that a “founded suspicion,” instead of the higher, more demanding "reasonable suspicion" standard, justifies an exterior canine sniff search of an automobile. Additionally, a canine sniff search of the exterior of an automobile does constitute a "search."
In People v. Devone (Ct. App. 6/08/2010) (Pigott, J.) (4-3), the police stopped a vehicle for cell phone use. The officers discovered that a male driver was operating a car registered to a female. After being ordered to exit the vehicle, police officers conducted a canine sniff search due to the “suspicious inconsistencies” in the driver's answers to various questions. After being signaled by the dog of the possibility of drugs, the officer found a quantity of crack cocaine in the seating console. The Appellate Division reversed the trial court's order suppressing the evidence and held that the police needed only a "founded suspicion" as opposed to a reasonable suspicion to conduct the canine sniff on the exterior of the vehicle.
In People v. Abdur-Rashid, a companion case, an individual was pulled over twice in one day for driving without a front license plate and having an expired inspection sticker. The second officer observed the defendant become anxious and ask to be let go since he was already stopped that day. When the officer questioned the passenger in the car, who claimed that he was only there trying to keep the driver awake and alert during their trip, the officer became suspicious and retrieved his drug sniffing dog. After being “alerted” by the dog, the officer found a black duffel bag in the trunk filled with two freezer bags of cocaine.
The Court of Appeals held that “founded suspicion" was present in both of these cases. The majority justified this lower standard, maintaining that an individual has a lower expectation of privacy in an automobile than in his or her home. Given this lowered expectation combined with the fact that the canine sniff is less intrusive, the founded suspicion standard was appropriate.
Judge Ciparick dissented, arguing that a reasonable suspicion standard should be met before a canine sniff is conducted. There is an expectation of privacy in portions of a vehicle not visible with the naked eye.  Thus, probable cause is generally required for those areas.  Thus, the dissent argued there should not be a difference between a dog sniff outside of a home (which is not allowed under People v. Dunn) and a sniff outside of a car.  The dissent added that because drug sniffing dogs are trained for just that—drug sniffing—that those dogs would not have helped the officers ascertain whether the vehicle was stolen. Thus, the drug sniffing dogs served no purpose related to the stop itself; rather, the canines were used to engage in a fishing expedition for unrelated evidence.
Additionally, the dissent emphasized that the policy justification behind distinguishing between vehicular and residential privacy—practical concerns surrounding expediency—were not present here. Finally, the dissent pointed to New York's strong tradition of protecting its citizens from unreasonable searches as a justification for a higher standard.

  re printed from http://www.nycrimblog.com/nycrim/suppression/

45 day motion deadline

45 day motion deadline

Ordinarily, a defendant has 45 days from arraignment to file his omnibus motion.  In People v. Bellissimo (2d App. Term. 12/3/2009), Justice Court ruled the defendant's untimely because it was not filed within this time frame.  Appellate Term nevertheless reversed the conviction.  Why?  Because Justice Court had set a briefing schedule outside the 45 day window.  As the People conceded, the defendant's motion was filed in compliance with this schedule and was therefore "within such additional time as the court may fix upon application of the defendant made prior to entry of judgment."  CPL § 255.20(1).  (LC)