Selkirk, NY Criminal Defense Law Firms & Lawyers

Failure to read Miranda is not a cause for dismissal of charges. When a person is handcuffed they are in custody. Once in custody any interrogation must follow Miranda. The remedy for failure to advise a prisoner of his/her Miranda rights is suppression of any statements - not dismissal.

First thing you have to find out is whether your trial attorney filed a notice of appeal on your behalf.  If the answer is yes, then you should contact the appeals court to find out if the appeal was dismissed.  If a notice of appeal was not filed then there are only limited circumstances when a late notice of appeal is allowed. Would need more information as to whether you would be able to file  a late notice of appeal

It's possible that the DA may have allowed the case to seal without your compliance with the community service requirement, but it's also possible that they have not. You can try and check the Court system's website in the WebCriminal section to see if there is a future court date under your name, although that isn't always 100% accurate. You can also attempt contacting the Clerk of the Court's office to see if your case is currently still pending or has been sealed. With that being said, you should always be careful in speaking with the Court without the benefit of an attorney representing you. Your best bet in this type of situation is going to be to consult with a Criminal Defense Attorney who can reach out to the Court on your behalf and verify if the case has been sealed, or if it has not if they can arrange for you to complete your community service and still receive the benefit of the ACD. You should be aware that an adjournment in contemplation of dismissal is just that - an adjournment - and if you do not comply with the terms of that ACD your original Petit Larceny can be restored to the calendar and prosecuted.    I hope this information was helpful.