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Litigation

Supremes Cause Trouble for DWI Trials

In a 5-4 decision, the Supreme Court today ruled that the Sixth Amendment’s Confrontation Clause requires prosecutors to call the actual lab technician who did a DWI lab test on a defendant’s blood rather than just use another qualified technician to read the report prepared by the lab tech. In Bullcoming v. New Mexico the […]

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Litigation

Improving Nassau County’s Arraignment Practices

Awhile ago I wrote an article for “The Attorney” Magazine about the inequities of the arraignment process in Nassau County.  The article resulted in the re-construction and re-alignment of the courtroom where arraignments are held with the moving of the District Attorney’s desk from the front of the courtroom at the right hand of the […]

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General

Why Prosecutors Rarely Lose

Here’s a dirty little secret from the courtroom that will probably upset my friends in the criminal defense bar  – prosecutors rarely lose.  Area DA’s offices all boast conviction rates well above 90%. So why is it? It can’t be that they employ better lawyers, after all most of the assistant district attorneys are barely […]