
02/05/2018
Great Lawyers accept unknown unknowns
Why the best lawyers use the words “I don’t know”. James Quinn Auricchio, Esq. Februrary 2018 Lawyers spend three years in law school and then
Experienced Criminal Defense From simple traffic tickets to Federal Conspiracy indictments, we defend the rights of citizens across Western New York.
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Our philosophy is simple: your rights are more important that your wrongs. If you've been accused of a crime, it's important to protect your rights and your future by retaining an attorney with the skill and experience necessary to present the best possible defense, even when you're guilty as charged. There's a difference between accepting responsibility for your actions and abandoning your right
s. The system is too overburdened to consider each defendant individually, but a skilled lawyer can present your side of the story, and slow the process down so that your case is given the attention it deserves. We start with a comprehensive analysis of your case and your background, identifying any issues in the case, and providing guidance on the steps that our clients can take to minimize the impact of their arrest on their lives. We are particularly proud of our efforts to guide clients and their families through underlying drug, alcohol and mental health issues that may be at the root of the case. In cases where our clients are falsely accused or overcharged, we rely upon ten years of experience in the criminal justice system, including hundreds of trials and thousands of hearings, to preserve justice.
Why the best lawyers use the words “I don’t know”. James Quinn Auricchio, Esq. Februrary 2018 Lawyers spend three years in law school and then
A nice twitter feed of the latest in NY Courts:
From breaking news and entertainment to sports and politics, get the full story with all the live commentary.
Have you been contacted by a law enforcement agency by letter or phone and asked to appear at a certain location at a certain time? Unless you’re summoned or subpoenaed you’ve no obligation to appear.
More importantly, when you get a letter, call a lawyer. A competent and skilled defense attorney with enough experience to call their bluff.
Please to be accepting a full docket of new clients again after two years working almost exclusively on one project. From Wills and Estates, Matrimonial and Family Court, Personal Injury and as always Criminal Defense, call today for a consultation.
Do you own a retail store? This week is the peak of shoplifting season. Why? It’s believed that stores have the greatest inventory of high demand items and increased foot traffic.
Basically you’re loaded and distracted and crooks know it.
Traditionally DWI Enforcement is at a peak every year over the next ten days. Law Enforcement hopes to deter holiday drunk driving with increased arrests.
Make plans now for a ride home. Don’t let drunk you decide.
Drunk you is better looking and more funny, but has terrible judgment and driving skills.
If you get a speeding ticket in New York State, don't plead guilty. Points on your license can increase your insurance premiums as much as 30 percent over the next three years.
Hire a qualified attorney for less than a third of that!
Finished the third and final installment of a lecture series on Client Relations today. Thanks to Paul Dell, Doug Stiller and Joe Terranova who all rode shotgun on a session.
Planning another series on "at risk" client's in December!
Interesting article:
http://www.lexology.com/library/detail.aspx?g=ed7a2c1d-b77c-4f4b-93d0-bfb5caaacab0
As police body worn cameras (BWCs) increasingly make their way into police departments, criminal investigations, and prosecutions across the United…
New York State Bar Associations Guide to Service Animals:
http://www.nysba.org/serviceanimalguide/
48% of motorists charged with speeding in New York State Plead Guilty as charged. That's insane. 48% of motorists take the points, surcharges, fines and the collateral damage to their insurance rates, when they don't have to. If you pay a lawyer to handle your ticket, you'll cut the costs of a ticket by half, maybe more. Including the cost of the attorney in that equation.
Happy to announce that I have accepted a position with the Assigned Counsel Program of Erie County as Deputy Administrator for the Criminal Division. My responsibilities will include the training and enhancement of the panel of attorneys that are assigned to provide representation to the indigent in Local, County and State Courts in Erie County, New York.
The Assigned Counsel Program provided representation in about 25,000 cases last year. The Erie County Program has earned accolades from across the state as one of the preeminent providers of mandated representation in the State.
I am proud to be a part of this team, and excited to enhance the level of service the Program provides.
I will continue in private practice with a limited roster of clients in a limited scope of matters.
A Cheektowaga man was found not guilty of Murder in New York State Supreme Court today. Attorney James Quinn Auricchio teamed with Jeremy Schwartz to defend the client against the Charge of Murder in the Second Degree. They argued there was insufficient evidence of intent and argued the evidence supported a far less serious charge of Manslaughter in the Second Degree.
The judge agreed.
Josue Ortiz, a mentally ill man federal agents and local police believe was wrongfully convicted of a double murder, is about to reach a milestone of sorts – his 10th Christmas in prison.Now 33, Ortiz will spend the holiday in Attica, awaiting the ultimate gift – his freedom... - The Buffalo News
An Orchard Park Police officer recently resigned from her job after she allegedly signed her lieutenant’s name to a departmental report, and after questions arose about testimony she gave regarding a driving-while-intoxicated case.The resignation of Officer Amy Pfeffer – an I... - The Buffalo News
The defense called only one witness in the trial of a Cheektowaga man who admitted to police that he shot his tenant in their driveway last October.A neighbor who heard the gunshot testified that, from her upstairs porch, she could hear Thomas M. Szczesniak talking to the fatally wounded J... - The…
I have decided not to accept the nominations I have received from "Best Attorneys of America" and "Ten Best DWI Attorneys of New York - Upstate".
I feel that the geographical limitations on those awards make them arbitrary.
When they decide to open nominations to the entire universe, I will consider accepting their awards.
It's not earth shattering but I think this puts a little more definition on the permissible scope of a Vehicle and Traffic Stop:
http://www.supremecourt.gov/opinions/14pdf/13-9972_p8k0.pdf
It's not going to be perfect, but it can be better. Why aren't more agencies jumping on the bandwagon? Body cameras protect everyone, so what are we waiting for?
http://www.mintpressnews.com/san-diego-police-stats-since-body-cams-complaints-down-41-and-use-of-force-down-47/203647/
The use of body cameras by San Diego police is a "win-win" for officers and the department, officials say.
Lawyers per capita in New York State, by county:
http://www.newyorklawjournal.com/home/id=1202655922490?kw=Chart%3A%20Attorney%20Concentration%20by%20County&et=editorial&bu=New%20York%20Law%20Journal&cn=20140616&src=EMC-Email&pt=Special%20Report&slreturn=20140516160321
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The "Scooter" Defense
I had a felony hearing appearance in a city court the other day. The client, with no substantial criminal history was held on a felony charge after arraignment. From the paperwork, it was evident that the charge wasn't sustainable, and that the client would be released on that basis. Before the Judge hit the bench, I jokingly said to the Court Officer, Prosecutor and Court clerk, "If the judge hedges on releasing him, I'll argue that his name is Scooter, and keeping a man in jail named Scooter is cruel and unusual."
The case was called, and the judge hedged, for reasons that were not apparent to me. I cited the law, and asked for his release, making a technical argument based upon the language of the statute. The judge, a normally reasonable jurist with a calm demeanor, bristled at my argument and said it was "ridiculous" and "shallow". His face turned red and spittle came from his mouth. I was confident I was right, and also confident that the judge was having a bad day. I maintained composure, advised the Judge that I disagreed and repeated my request for the client's release.
He reluctantly agreed.
On the way out of the Courtroom I whispered to the Court officer, "Damn, it's a good thing I didn't go with the whole "Scooter" defense."
Kids these days...
http://mobile.nytimes.com/blogs/dealbook/2014/04/08/your-homework-assignment-sue-the-federal-government/
Students at the University of Virginia Law School have challenged the Justice Department to unseal settlements with big banks and corporations.
New Sentencing Commission Website with new interactive features: http://isb.ussc.gov/Login
Click here to view tables and figures about offender demographic information such as gender, race, age, and citizenship information.
Here's a "blog" entry about criminal records and what should and should not be recorded on your: "permanent record":
http://alohub.com/will-this-go-on-my-permanent-record/
One of the biggest questions clients have about their case is, "Will this go on my permanent record?" Short Answer: Unless your case resolves in a criminal conviction, the records of your arrest sh...
Attorney General Holder supports reduction of sentencing guidelines on drug offenses: http://www.washingtonpost.com/world/national-security/holder-will-call-for-reduced-sentences-for-low-level-drug-offenders/2014/03/12/625ed9e6-aa12-11e3-8599-ce7295b6851c_story.html
Effort to reduce prison population is part of attorney general’s mission to reform criminal justice system.
Claudia Schultz gave me these links: Great Blogs for Criminal Defense Lawyers:
http://newyorkcriminaldefense.blogspot.com/
www.rochesterlawdigest.com/
http://appellate-litigation.org/
http://www.publicdefenders.us/
There is no question that the men and woman who work with others to overcome addiction, I mean really, WORK, are missionaries of a a necessary good. But there's no credible one among them that thinks the criminal justice system is doing it right.
Second Circuit overturns jury in case from WDNY:
https://www.courtlistener.com/ca2/ezDT/united-states-v-clark/
United States v. Clark,
It doesn't happen as much as I'd like, but when it does, it's awesome. I like helping clients that have a genuine desire to get better. Addiction is a truly scary disease, and my favorite clients are the ones that know that's not an excuse.
Those are the clients that make me really proud of what I do, and this week I get to see a client complete the judicial diversion program.
When he was sent to the program, the judge said," I'll send you to this program, despite the fact that you're a horrible candidate for it and I think you'll fail and we'll be back here sending you to prison."
The really cool thing: this client is grateful to the judge for telling him that, too humble to gloat.
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