Webster, NY Criminal Defense Law Firms & Lawyers

Prove mistrial? A mistrial is declared by the judge in the middle of trial when substantial error is made that prejudices the fair trial. A new trial then starts. If there was no evidence, then police and prosecutors would have nothing to describe in police reports and the criminal Complaint filed in court. Read them to determine what they say is the evidence. If they can't produce enough evidence at Preliminary Hearing to convince the judge that a crime was committed by him, the case will be dismissed then. His confession is evidence they will seek to introduce. Your dad must defend the charges, that is how justice is determined and arrived at. His attorney will have to deal with the confession somehow. There would be an evidence suppression issue to raise in a motion if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement; it is standard procedure. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

You can't get an 18-b attorney. If your husband doesn't like his attorney you have to hire one or convince the Judge to appoint someone else. Just because the lawyer hasn't gotten an offer you like isn't sufficient to get someone else appointed. In addition, it is not so easy to get a program because everyone would prefer a program instead of jail. Finally, in-patient programs are not easy and many of my clients have said they are no better than jail - they run from 12 to 24 months and if you blow it you get State jail time.

If you know where you purchased it, you may be able to sue the seller in small claims court for the difference of what you paid and the actual value of the ring. However, due to the length of time that has passed, you will be fighting an uphill battle. The seller could and probably will defend on the grounds that the Statute of Limitations has passed, you took too long to bring this action (also called "laches") and/or that you switched the diamond during the past 12 years.