Here are some of the Kokosa Law Firm’s recent results in criminal matters from the past few months. We will try to keep this regularly updated with recent and relevant results. Because each case is unique, please keep in mind that past performance is not indicative of future results and we encourage you to consult with us for a free analysis of your case.

 

People v. M.B.; People v. M.S (February 2019)

Clients were charged with criminal possession of marijuana and unlawful possession of marijuana.

Result: One client received 2 parking tickets and the other had her matter dismissed.

People v. R.M. (January 2019)

Client was charged with DWI following a single car accident.

Result: Case was reduced to an infraction and client received minimum fine. No criminal conviction.

People v. C.R. (December 2018)

Client was charged with criminal possession of marijuana after officers discovered dozens of “pot brownies” in his vehicle.

Result: After conferencing with the prosecutor and explaining that client was a war veteran suffering from PTSD, and the brownies were his own, case was agreed to be dismissed.

People v. J.A. (November 2018)

Client was charged with vehicle and traffic misdemeanors, including Aggravated Unlicensed Operation.

Result: Client secured a reduction to a single violation and was issued the minimum fine by the Court.

People v. S.P. (November 2018)

Client was charged with her fourth alcohol related driving offense in past 20 years.

Result: Client received minimum fine, no probation, no jail, and did not lose her ability to drive for even one day.

People v. D.S. (November 2018)

Client was charged with 6 counts of felony criminal possession of a forged instrument, as well as a myriad of related misdemeanors.

Result: Client was placed on interim probation, where if he remains arrest free, he will be allowed to vacate his plea and enter a plea to one misdemeanor.

People v. V.G. (November 2018)

Client was charged with various counts of Rape, and the prosecution indicated that they were seeking to indict him for Rape in the First Degree, which would send him away for up to 15 years in prison.

Result: Client pleaded to a misdemeanor and was given probation.

People v. B.L. (October 2018)

Client was charged with vehicle and traffic misdemeanors, including Aggravated Unlicensed Operation.

Result: Client secured a reduction to a single violation and was issued the minimum fine by the Court.

People v. R.S. (October 2018)

Defendant was charged in a three count indictment relating to injuries sustained by her child.

Result: After a week and a half trial, the Supreme Court issued a directed verdict of acquittal relating to all charges involving injuries sustained by the child.

People v. K.W. (September 2018)

Defendant was charged with larceny after being accused of stealing from a local store.

Result: Case was dismissed after prosecution took into account that Defendant was suffering from the flu at the time, had sufficient resources, and had no reason to steal $11 worth of chicken while paying more than $100 for the rest of her groceries.

Matter of H.D. (September 2018- Justice Center Hearing)

Client was administratively charged with level 2 negligence allegation, possibly leaving her on a State registry for years.

Result: Matter was reduced to a violation level where all records of the event are sealed. No fines or penalties.

Matter of R.S. (August 2018- DMV Licensing Hearing)

Defendant was before the DMV administrative judge regarding a breath test refusal and one year mandatory licensing revocation.

Result: Matter was dismissed and full license privileges restored.

People v. O.P. (August 2018)

Defendant was charged with drug possession after being found with a mix of pills that a college associate gave him.

Result: Case was dismissed.

People v. D.D. (August 2018)

Defendant was charged with multiple counts of drug possession after a suspect car stop.

Result: Defendant pleaded to disorderly conduct and she happily paid a $100 fine.

People v. L.L. (July 2018)

Defendant was charged with menacing after another male accused him of threatening him with a knife.

Result: Case dismissed.

People v. S.M. (July 2018)

Defendant was charged with harassment after being accused of threatening and striking her boyfriend.

Result: Case dismissed.

People v. S.C. (June 2018)

Defendant was charged with petit larceny after being accused of stealing someone’s backpack.

Result: Case was dismissed.

NYS OMIG v. S.M. (June 2018)

NYS OMIG accused defendant of improperly receiving medicaid benefits to the tune of $70,000.

Result: Defendant negotiated a non-prosecution agreement and agreed to repay less than half of what he had allegedly improperly received.

People v. G.S. (June 2018)

Defendant was charged with Aggravated Harassment in the Second Degree after a business associate claimed that defendant had threatened to harm him.

Result: Case was dismissed.

People v. M.H. (May 2018)

Defendant was charged with Assault after a domestic violence incident in his home.

Result: After extensive negotiating, defendant received an ACOD after undergoing an anger management evaluation.

People v. M.A. (May 2018)

Defendant was charged with numerous misdemeanors after he was found driving recklessly without a license, in a car that did not belong to him.

Result: Defendant’s case was dismissed.

People v. J.A. (May 2018)

Defendant was charged with multiple driving misdemeanors and had a trial scheduled for the evening he first contacted this office.

Result: Defendant received a plea offer to one driving infraction that carried no points on his license.

People v. W.C. (March-April 2018)

Defendant was charged with Aggravated Unlicensed Operation in the 2nd Degree in multiple jurisdictions, after being pulled over and having numerous outstanding tickets.

Result: Defendant pleaded to 2 traffic infractions that covered his entire docket in numerous courts.

People v. E.D. (March 2018)

Defendant was charged with DWI, after previously receiving 2 prior reductions to DWAI.

Result: Defendant was allowed to plea bargain to DWAI once again, so long as she served two days in jail. Upon counsel’s advice, defendant accepted the offer and served less than 13 minutes in jail. Knowing how jail sentencing and corrections law works is important!

People v. D.S. (March 2018)

Defendant was charged with felony DWI, after being accused of her third DWI in 10 years.

Result: Defendant was allowed to plead to misdemeanor DWI and placed on probation, rather than being sentenced to prison.

S.C. v. Local City Fire Department (February 2018)

A local city refused to pay damages to an individual who had his car damaged by a firetruck. No one was in the car, which was parked outside his home. The city argued that the firetruck had its lights and sirens on during the collision and thus could only be liable if the firetruck was being operated recklessly (which is true).

Result: Local city pays entire fair market value for damaged vehicle.

People v. R.S. (February 2018)

Defendant was charged with DWI and breathtest refusal after a car accident. He faced a one year mandatory license revocation due to the breathtest refusal.

Result: Defendant pleaded down to DWAI, but more importantly won his refusal hearing before the DMV and had his driving privileges immediately reinstated.

L.D. v. Awful Landlord (January 2018)

Landlord decided to evict plaintiff for no reason, and then keep her security deposit.

Result: Landlord paid back much more than the deposit to the plaintiff.

People v. S.R. (January 2018)

The defendant, a prior felon, was charged with felony Assault and faced up to 7 years in prison.

Result: The defendant was found guilty of Harassment in the 2nd degree, a violation, and had to pay a $150 fine.

People v. D.P. (January 2018)

The defendant was charged with two counts of DWI, along with several other vehicle and traffic tickets.

Result: The DWI charges were dismissed and the defendant pleaded to 1 speeding ticket.

People v. F.G. (December 2017)

The defendant was charged with Assault after a domestic incident in his home.

Result: The charges were Dismissed.

People v. D.L. (November 2017)

The defendant was charged with Assault against a family member after a highly charged incident.

Result: The defendant pleaded to the non-criminal violation of harassment and paid a $100 fine.

People v. G.D. (October 2017)

The defendant was charged with Harassment and Disorderly Conduct after an encounter with a peculiar and troubled female. After a thorough investigation, we were able to uncover video which exculpated the defendant and showed that the female was lying.

Result: The charges were Dismissed.

People v. R.T.(October 2017)

The defendant was found in possession of a myriad of illegal drugs during a stop of his vehicle on the Northway.

Result: The defendant pleaded guilty to the non-criminal violation of Disorderly Conduct and was required to pay a $100 fine.

People v. D.L. (October 2017)

The defendant was charged with Endangering the Welfare of a Child after an alleged incident where a child was left in an unattended vehicle.

Result: The case was Dismissed.

People v. A.F. (September 2017)

The defendant was given a host of charges including DWI, leaving the scene of a property damage accident, breath test refusal…

Result: The defendant pleaded to a non-criminal violation of driving while ability impaired in satisfaction of all the charges against him and was directed to pay a $300 fine. The defendant also beat his refusal hearing in December 2017 and faced no administrative penalties from the DMV.

People v. S.C. (August 2017)

The defendant was charged with numerous felonies pertaining to welfare fraud and was facing up to 4 years in prison.

Result: The defendant paid restitution, pleaded to Disorderly Conduct, and received a $250 fine.

People v. S.R. (August 2017)

The defendant was charged with felony Assault in the 2nd degree and faced up to 7 years in prison.

Result: The defendant pleaded to the violation of Harassment and was given a $250 fine.

People v. D.R. (July 2017)

The defendant was charged with criminal tampering after he was alleged to have vandalized a car. The Kokosa Law Firm filed motions asserting that the accusation had no witnesses and relied completely upon inconsistent coincidences. The Kokosa Law Firm also discovered the complainant had, on numerous prior occasions, actively discriminated against the defendant solely due to his sexual orientation.

Result: The case was dismissed.

People v. D.B. Part II (June 2017)

The defendant, who was a previous client, was arrested in a separate court for endangering the welfare of a child after he allegedly left the child unattended.

Result: The defendant received a reduction to a non-criminal violation after he attended parenting classes. He received no fine and a $125 surcharge.

People v. M.C. (June 2017)

The defendant was arrested and charged with felony possession of drugs after his car was stopped and more than two pounds of marijuana was found in the center console.

Result: The defendant pleaded to a misdemeanor which will be subject to sealing in one year, and was sentenced to a $0 fine and $205 court surcharge with no jail and no probation.

People v. D.M. (May 2017)

The defendant was charged with violating his probation three times by a relatively inexperienced probation officer who likely had good intentions, but did not understand the law. The Kokosa Law Firm produced evidence to the prosecutor which contradicted the probation officer’s allegations.

Result: The client’s violation of probation was dismissed and he was replaced on probation with a new probation officer who has found no issues with our client’s conduct while under supervision.

Matter of M.K. (May 2017)

The client was the subject of a forcible rape allegation and came to our office while under active investigation by the police. The Kokosa Law Firm intercepted the investigation and showed the investigator the implausibility and impossibility of the accuser’s allegations.

Result: No charges were filed against the client.

NYS Workers Compensation Board v. E.H. (April 2017)

After allegedly failing to procure workers’ compensation insurance and disability insurance for a domestic worker, the State issued a fine to E.H. for more than $17,000.

Result: After negotiating with the WCB, the defendant received an amended fine of approximately $1100.

People v. D.B. (April 2017)

The defendant was originally charged with Robbery, Assault, Criminal Mischief, and Endangering the Welfare of a Child after an alleged domestic incident at his home.

Result: After extensively investigating the complainant, it was found that she was mentally unstable and had ceased taking her medications. It was further found that the complainant had assaulted the defendant on several occasions and likely was the instigator in this incident. After thoroughly discussing these revelations with the Court and an extremely patient prosecutor, the defendant pleaded to the non-criminal violation of disorderly conduct and received no fine. The order of protection was also quashed.

People v. D.F. (April 2017)

The defendant was arrested and charged with driving while ability impaired by drugs after being found by police passed out at the wheel of his car after he allegedly sideswiped another vehicle. There were no injuries.

Result: After it was shown that the prosecutor that they could not prove what drug the defendant had ingested, the charge was dismissed.

People v. G.T. (March 2017)

Usually I don’t post about speeding tickets but this individual was facing two tickets for speeding at over 100 mph. Either of the tickets could have resulted in the revocation of his license for 18 months.

Result: The defendant paid $250 in fines and agreed to take a safety course. He only received 4 points on his license.

People v. A.P. x 3 (March 2017)

The defendant was facing numerous charges in three different courts which all related his operation of a motor vehicle though his license was revoked due to multiple DWIs. His original attorney procured an offer which involved substantial jail time which would have resulted in the loss of his job and most likely his family. After coming to the Kokosa Law Firm, A.P. resolved all three matters with 75 hours of community service.

People v. G.D. (March 2017)

The defendant was charged with Criminal Contempt after being found in the same vehicle as his partner.

Result: After speaking with the prosecutor, it was clear that the original order of protection was procured by the officers in the case below who exercised extremely critical discretion when filling out the paperwork on the original charge. The defendant paid a $100 fine after having his charge reduced to disorderly conduct.

People v. D.F. (February 2017)

The defendant was charged with criminal possession of drugs after a buy-an-bust occurred in his vehicle while he transported 2 other individuals. After speaking with the prosecutor, it was made known that D.F. was driving the two subjects at the request of a friend and had no idea who his passengers were. After a further investigation, this information was confirmed by the other 2 occupants of the vehicle.

Result: The case was dismissed.

People v. G.D. (February 2017)

The defendant was charged with Assault and Criminal Mischief in a domestic incident. He was a prior felony offender who had previously been sent to prison for Assault. In this matter, his partner signed an affidavit that indicated the actions of G.D. did not occur as they were identified in the charging documents.

Result: The defendant pleaded to the non-criminal violation of disorderly conduct and agreed to perform 25 hours of community service.

People v. R.L. (February 2017)

The defendant was charged with criminal possession of drugs and possession of marijuana.

Result: The defendant pleaded to the non-criminal violation of disorderly conduct and paid a $100 fine.

People v. W.I. (January 2017)

The defendant was charged with 3 felony counts of Grand Larceny, Welfare Fraud, and Offering a False Instrument for filing.

Result: The defendant pleaded to a non-criminal violation of disorderly conduct and received no fine and no surcharge. $0.

People v. J.A. (January 2017)

The defendant was charged with DWI and a host of other charges after a car accident on the Northway. Normally, you don’t get reductions when there is a traffic accident and you are accused of being drunk.

Result: The defendant had her charged reduced to the non-criminal violation of driving while ability impaired and paid a $300 fine.

People v. M.R. (January 2017)

The defendant was charged with possession of marijuana and Aggravated Unlicensed Operation of a Motor Vehicle.

Result: The marijuana charge was dropped and defendant pleaded to a vehicle and traffic violation of driving without his license in his possession. $100 fine.

People v. A.S. (December 2016)

The defendant was charged with felony Grand Larceny and could have also been charged with Falsifying Business Records.

Result: The defendant pleaded to the non-criminal violation of Disorderly Conduct and was sentenced to a $150 fine.

People v. K.P. (December 2016)

The defendant was charged with Criminal Possession of a Controlled Substance (misdemeanor) after a traffic stop where certain illicit substances were allegedly found in his vehicle.

Result: The defendant was given an offer where he pleaded to the non-criminal violation of unlawful possession of marijuana and he paid a $100 fine. Coming from another State, his gas and tolls literally cost more than his fine.

People v. C.M. (November 2016)

The defendant was arrest for Driving While Intoxicated after she failed to use a turn signal while driving home.

Result: The charge was reduced out of the drinking and driving laws and the defendant pleaded to an alternative infraction and paid a fine of $200 which she was happy to pay. This defendant was not subjected to the license suspensions or revocations that accompany a DWI or DWAI conviction.

People v. G.G. (November 2016)

The defendant was arrested for Criminal Possession of Stolen Property in the 4th degree while he was on felony probation. The defendant was facing up to 7 years in prison if he was found guilty of the charge due to the probation violation.

Result: All charges have been dismissed against the defendant.

People v. S.R. (October 2016)

The defendant was charged with Reckless Endangerment, Criminal Mischief, and a host of other vehicle and traffic charges after it was alleged that he intentionally rammed another car, driving it off the road.

Result: The defendant pleaded guilty to a vehicle and traffic ticket and paid a $300 fine.

People v. D.N. (September 2016)

The defendant was charged with three crimes and three traffic tickets after he allegedly ran into four cars and sent two people to the hospital. The police alleged that the defendant was impaired by drugs at the time of the crash.

Result: All charges have been dismissed against the defendant.

People v. K.A. (September 2016)

The defendant was charged with Robbery and faced up to 7 years in prison after an altercation between two men at a local truck stop.

Result: The defendant pleaded guilty to the non-criminal violation of Disorderly Conduct and was sentenced to a $50 fine.

People v. J.A. (August 2016)

The defendant was charged with several misdemeanors after her car was stopped by police and she blew a .34 breath alcohol content.

Result: The defendant was given a reduction and conditional discharge directing her to pay a $400 fine.

People v. B.H. (July 2016)

A defendant with two prior DWIs was charged with DWI after he was allegedly viewed by police swerving in his lane in the late afternoon.

Result: The defendant pleaded guilty to the non-criminal violation of Disorderly Conduct and did not face any suspension of his driver’s license. He was given a $25 fine which he was more than happy to pay.

People v. O.W (June 2016)

The defendant was facing up to 36 years in prison as a second felony offender after being indicted on numerous counts of Class B felony drug sales.

Result: The defendant pleaded guilty to one count of Criminal Possession of a Controlled Substance and is scheduled to be released from prison in 15 months.

People v. C.S. (June 2016)

The defendant was charged with multiple criminal counts of criminal possession of a controlled substance, as well as possession of marijuana. The substances were allegedly schedule 1 narcotics (not marijuana).

Result: The defendant pleaded guilty to a non-criminal violation of Unlawful Possession of Marijuana and paid a $100 fine.

People v. C.L. (June 2016)

The defendant was charged after allegedly selling alcohol to minors during a local sting operation conducted against dozens of local merchants.

Result: The charge against the defendant was dismissed.

People v. J.R. (May 2016)

The defendant was charged with multiple domestic violence charges including Assault and Unlawful Imprisonment.

Result: The charges against the defendant were dismissed.

People v. R.V. (May 2016)

The defendant was charged with felony Grand Larceny and under investigation for other acts of larceny by trick.

Result: The defendant pleaded to attempted petit larceny with the condition that if she stay out of trouble for one year, the charge would be further reduced to the non-criminal violation of Disorderly Conduct.

People v. L.W. (May 2016)

The defendant was charged with the crime of Criminal Mischief after defacing a fence.

Result: The case was dismissed.

While these results constitute just a few of our criminal cases, please keep in mind that, again, past performance is not indicative of future results. This also goes for traffic tickets where we have received a plea reduction in 100% of our cases this year, with more than 75% being reduced to parking tickets.

If you would like to schedule a free consultation, please call the Kokosa Law Firm, P.C. at 518-907-4694 or send an email to: MKokosa@albanylawgroup.com