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Poughkeepsie, New York attorney Andre Sedlak. Legal practice includes criminal law, DUI & DWI and traffic tickets. Research legal experience, education, social media, publications, professional associations, jurisdictions and contact information on Justia. Magewell USB Capture dongles are the easiest way to bring HDMI, SDI video and audio signals into popular Windows, Mac, Linux and Chrome software, featuring driver-free installation and automatic input detection for true plug-and-play operation.
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
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
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.
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Client # 11 - Possession of Marijuana
Client was charged in the
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