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Sample Criminal Cases-2013/2014

 

Case #1 - Felony Drug Possession

 

Client charged with Criminal Possession of a Controlled Substance in the 5th Degree, a "D Felony."  Client was exposed to as much as 7 years incarceration in state prison and 5 years post release supervision. 

 

After investigating the facts we concluded that charges against our client were not supported by facts that justified a felony charge based upon the specific substance involved.  Multiple discussions with the District Attorney's Office resulted in the charges being reduced from a felony to a misdemeanor.  Further negotiations with the DA's office resulted in a plea agreement that reduced the charge to a non-criminal offense.  Client pled guilty and was sentenced to a small fine.

 

Case #2 - Felony DWI

 

Client charged with felony DWI following an accident and exposed to 1-4 years incarceration and/or 5 years probation.  Charge was based on a prior conviction 2 years earlier in another state.  A careful examination of the out-of-state charge convinced us that the law in that state was not the equivalent of the law in NYS and, therefore didn't amount to a "predicate" offense that would trigger a felony DWI charge.  Based on extensive case research we provided to the District Attorney's office they eventually agreed that they would not be able to sustain a felony DWI indictment.  The charge was reduced to a misdmeanor.

 

Case #3 - DWI & Refusal Revocation

 

Client was charged with DWI and refusing a breath test following a stop at a "DWI Checkpoint."  Cross examination of the arresting officer at the refusal hearing produced clear evidence that the checkpoint had not been conducted in a constitutional manner.  Based upon the officer's testimony at the hearing we made a motion in criminal court to suppress all the evidence against our client.  The court granted that motion and the DWI charge was dismissed.

 

At the NYS-DMV refusal hearing the DMV judge found that our client had refused a breath test and revoked his driver's license for 1 year.  We immediately obtained a "stay" of the revocation and appealed the finding of the DMV judge to the DMV appeals unit.  Our appeal was denied and client's revocation was reinstated.  We immediately filed an action in County Supreme Court to reverse that finding.  Upon hearing the facts of the matter the Supreme Court issued an immediate and permanent order restoring our client's license.

 

Case #4 - Felony Forged Gov't Document

 

Client charged with possessing a forged government document, a "D Felony."  Extensive negotiations with the DA's office resulted in the charge being reduced to a non-criminal offense and client paid a small fine.

 

Case #5 - Felony Assault & Grand Larceny

 

Client charged with multiple felonies including Assault in the 2nd Degree, Criminal Mischief 3rd and Grand Larceny, along with 2 counts of DWI.  Following investigation and interviewing witnesses we were able to establish that the client had been drugged by a companion while out at a bar.  All felonies were eventually reduced to misdemeanors and clent entered a plea to a single misdemeanor, all other charges were dismissed.

 

Case #6 - Driving While Ability Impaired

 

Client charged with Driving While Ability Impaired when stopped by the police in the parking lot of her apartment building.  Following a detailed examination of the facts surrounding the stop we convinced  the District Attorney's Office that the case wasn't prosecutable.  The DA eventually agreed to reduce the charge to a parking violation with no impact on our client's license.

 

Case #7 - Felony Welfare Fraud

 

Client charged with felony welfare fraud.  Extensive research into the case revealed that the facts did not warrant a felony charge.  Multiple meetings with the District Attorney's office eventually resulted in the charge being reduced to petty larceny.  Client agreed to pay be disputed funds and was conditionally discharged by the court.

 

 Case #8 - Felony Possession of a Weapon

 

An out-of-state commercial truck driver charged with felony possession of a weapon,  a Class D felony, for having a loaded pistol in the cab of his truck and was exposed to significant state prison time.

 

After investigating the facts surrounding our client's arrest and discovery of his pistol we were convinced that the evidence against our client should be suppressed.  After multiple discussions with the District Attorney's office we were able to get the charge reduced from a felony to a misdemeanor and, eventually, negotiate a plea to a non-criminal offense with a small fine.

 

Case #9 - DWI with .15% Breath Test

 

Client stopped after failing to signal a turn coming out of a bar parking lot.  After arrest client blew .15% on chemical breath test.  Charged with 2 counts of DWI and traffic violation.  After a hearing motion was made to suppress all evidence against client based on the fact that failing to signal exiting a parking lot is NOT a violation of NYS Vehicle & Traffic Law and, therefore the stop of client's vehicle was unconstitutional.  Court agreed with our position and granted motion to suppress all evidence and ALL charges were dismissed.

 

Client #10 - Felony Criminal Mischief

 

Client was an out-of-state resident who had a felony charge from when he was a teenager. Given that there was an existing felony warrant, Client could not risk returning to New York State.

 

After researching the procedural history of the case, we discovered that the State failed to take any action on the case in the entire 25 year period. Several conversations with District Attorney's Office later, the matter was dismissed and the warrant vacated. 

 

 

Client # 11 - Possession of Marijuana

 

Client was charged in the Dutchess County with Unlawful Possession of Marijuana. The prosecution was not ready for trial as required by the Criminal Procedure Law. After filing a motion with the court, the charges were dismissed.

 

Law Offices of Glenn Magnell
Dedicated to our clients
Copyright 2013 - Law Offices of Glenn W. Magnell

Please note: Information on this website is intended to inform, not to advise. No one should attempt to interpret or apply any law without the assistance of an attorney that is familiar with that area of law, the rules of the court involved and the specific facts of each individual case.

 NOTICE: In compliance with the New York State Attorney's Code of Professional Conduct this website and all information contained within should be considered ATTORNEY ADVERTISING.

Phone: 845-294-0585

Fax: 888-724-5470

Email: gmagnell@stormkinglaw.com

Unlike most attorneys I came to the practice of law as a second career. Prior to becoming an attorney I spent 20 years as a business executive, eventually running a large subsidiary of a Fortune 500 company. While those years in private business were challenging and rewarding, there came time that I wanted to do something different and more directly related to assisting other people. So, I left the business world, went to law school, passed the New York State bar exam and became a practicing attorney.  You can read my full bio here and meet our staff here.

 

If you'd like to read what some of past clients have thought of our work, you can read about it here.

Glenn W. Magnell
162 Main Street, Goshen, NY 10924
Phone: 845-294-0585

Sample Traffic Cases-2013/2014

 

Case #1 - 14 points of traffic violations

 

Client charged in the Dutchess County with Speeding, Failure to Keep right, and three other traffic violations. After timely requesting supporting documentation, we filed a motion to dismiss the charges when the officer failed to provide them. The charges were dismissed and the matter closed. 

 

Case #2 - Speeding

 

Client charged in Dutchess County with Speeding. Client could not risk getting any additional points on his license, so our best recourse was to set the matter for trial. After appearing promptly for trial, the court dismissed the charges with prejudice upon the officer's failure to appear.

 

Case #3 - 12 points

 

Client was charged in Orange County with 12 points worth of tickets, including running a red light and un-inspected motor vehicle. After extensively negotiating the matter with the town prosecutor, we were able to plea bargain the matter to 0 points and three parking tickets.

 

Case #4 - 11 points

 

Client was charged in the Columbia County with 11 points worth of tickets, including Speeding, Using a Cell Phone while Driving, and Failure to Keep Right. Defendant had been involved in a one car accident due to the inclement weather and the officer who arrived on scene wrote the tickets based on what believed happened.

 

Try as we might, we were unable to discover the basis of the officer's allegations since there were no admissions by our client and the officer never observed the accident. After negotiating with prosecutor, we ultimately entered a plea of guilty to one parking ticket in full satisfaction of the charges.

 

Case #5 - CDL Truck Driver

 

Client was a truck driver passing through the Orange County. Client brought his daughter along for the trip, properly securing her inside. After pulling into a mandatory commercial vehicle checkpoint, the client was issued three traffic tickets, including a misdemeanor log violation and a child seatbelt violation.

 

After providing proof to the prosecutor that the client's passenger was properly secured and that the issuing officer had simply misread the log book entries, we were able to resolve all charges with a plea to a single parking ticket.

 

Client #6 - Vacating convictions to save license

 

Client was a New Jersey driver who pleaded guilty as charged to 14 points worth of tickets in Ulster County, NY, not realizing the devastating effect this would have on his New Jersey License. We filed a motion with the court to allow him to withdraw his guilty plea and give us an opportunity to negotiate the matter with the city attorney.

 

The court granted our motion the matter was returned to the court's calendar. After negotiating with the city attorney, we resolved the matter by entering a plea to two parking tickets and a single two point moving violation; none of the points were transferable to his New Jersey license.

 

Client #7 - multiple misdemeanors and 21 suspensions

 

Client was a New York driver whose license had been suspended by multiple courts on multiple occasions over a ten year period. Client was initially facing 2 misdemeanor charges, 21 separate suspensions, and 13 separate traffic violations in 7 different courts.

 

After thoroughly researching every suspension and charge, we began to address each matter in turn. Over the course of 4 months, were able to address every outstanding misdemeanor, infraction, and suspension. We were ultimately able to clear all suspensions and resolve every charge, without pleading to any misdemeanor or receiving any additional points on his license.

 

Magnell Law Office Sample Case Histories