The Appeals Process For a DWAI Drug Charge In New York

Interviewer: What if I am unsatisfied with, ‘Hey look, I know I was innocent, these are not my medication or not my drugs, still I got the worst result.’ Can I appeal this somehow?

Michael Kramer: You cannot appeal the decision of a judge or a jury simply because it was wrong. You can appeal if it was legally defective, or has no legal basis. For example, if the judge made legal rulings that prejudiced you and resulted in a denial of a fair trial or if there is not enough evidence to support the conviction in the light most favorable to the prosecutor.

The Methods Employed in Prosecuting a DWAI Drug Offender in New York

Interviewer: What’s the first thing a prosecutor is going to do. What are they going to look at, what are they going to prosecute someone for and how will they go about doing that?

Michael Kramer: The first thing the prosecutor looks at is the legal basis for the arrest. Then he or she looks at what additional evidence exists to support a guilty verdict, should the case go to trial.

A Competent Prosecutor Should Review the Case for Discrepancies and Work in the Best Interests of Justice

However, a prosecutor should if he were a conscientious and good prosecutor review a case as soon as he comes in to his office and if it’s in some way defective, if the prosecutor feels it was a bad arrest, or there was a violation of a defendants rights, or there is not enough evidence to ultimately obtain a conviction, then in the interest of justice, the prosecutor should terminate the prosecution and the case. Too often, prosecutors feel that their job is just to win, and then proceed with a case no matter what. However in reality their real job is to do justice, not just to be an advocate but to ensure that justice and the truth wins out. If a case is defective, it should be ended rather than put a defendant through the time and expense of a long drawn out trial.

A Policy of Putting Video Cameras on Police Officers May be Instituted in the State of New York

Interviewer: During the arrest, is any of it recorded?

Michael Kramer: There’s talk of putting video cameras on police officers, on their person. There is talk of putting / requiring cameras on police vehicles which would perhaps record field sobriety tests which would be an important tool for a judge or a jury to consider a trial to actually see the defendant performing the tests and then it would not be based upon just the word of the police officer. So from a defense stand point, I would like to see that policy implemented. More cameras rather than just based upon testimony of a police officer who is certainly an interested party.

Certain Professions Can Lose Their Professional License if Convicted of a DWAI Drug Charge

Interviewer: If someone has a DWAI conviction, would they be facing, if they are a professionals, let’s say a nurse or someone who works at a school. Would they be facing the potential to lose their license?

Michael Kramer: Certainly. A DWAI Drug conviction is a misdemeanor. It’s a criminal record and there are certain professions as we all know that require good character and licensing and they can lose what they worked for their whole life based upon a misdemeanor conviction. So there are some dire consequences to be convicted.