Posted on 12/30/2019 12:32:33 PM PST by DoodleBob
Albany, NY – Under New York’s " justice reforms," criminals must be provided with the names and contact information of victims and witnesses involved in the case against them.
Effective January 1, 2020, prosecutors will have just 15 days from the time of arraignment to hand over all evidence pertaining to a case – including victim and witness information, WSTM reported.
Cases can be dismissed if prosecutors fail to meat the deadline, Albany County District Attorney David Soares told the news outlet.
“’By the way, I have to provide your cell phone number to his lawyer in a few weeks,’” Soares used as an example of what he will be forced to tell crime victims. “I don’t know how I’m going to have these conversations with a victim.”
Under the law change, the court can also require crime scenes to remain unchanged so that defendants can be allowed to visit them, the New York Daily News reported.
Staten Island District Attorney Michael McMahon has been speaking out about the myriad of problems the sweeping changes will have throughout the state since they were passed back in April, the Staten Island Advance reported.
“We will undoubtedly see a chilling effect on cooperation by those impacted by crime, choosing instead to protect their own privacy and avoid being re-victimized,” McMahon warned. “While there certainly was room to improve New York’s criminal justice system, the ‘reforms’ to our bail and discovery statutes supported by our state Legislature and Governor Cuomo blew past any semblance of fairness or justice.”
Soares noted that some aspects of the law changes are essentially impossible to comply with, such as being mandated to turn over DNA or toxicology results that won’t even be back from the lab within the 15-day period.
(Excerpt) Read more at defensemaven.io ...
I’m not a lawyer. But I’m starting to rethink this. Yes, the defense has the absolute right to question the accuser - and any witnesses - at trial. But maybe they don’t have that right before trial.
Many years ago I was a witness to a brutal assault. The defense attorney never contacted me. But if he had, I would have told him to go to hell. Then I would have hung up on him.
“Please post your home address.”
Stupid comment.
“Many years ago I was a witness to a brutal assault. The defense attorney never contacted me. “
Did he have your name?
By any chance is the law’s title “The Snitches Get Stitches Gang Assistance Act?”
“But if he had, I would have told him to go to hell. “
A subpoena might temper your words.
See #19.
“So you are saying criminal defense attorneys would never give the info to clients? “
WTF!
> Did he [the defense attorney] have your name? <
I can’t be positive. But since the assault happened at my workplace, everyone knew who saw what.
And just to complete the story: At the very start of the trial, the DA stood up and announced that a plea deal had been reached. No one testified. I never tried to find out what the plea deal was. I figured that if I knew, it would just upset me.
What you may not know is that DumblASSio's handlers and masters, the real estate developers who were heavy contributors to his mayoral campaigns, want the last large piece of land around NYC to develop and make multi-millions of dollars on. And they'll give Dumbo a cut, such nice guys. That piece of land is RIKERS ISLAND, home of the city prison. Ah, NOW it makes sense, right? He's proclaiming a crime is not a crime, therefore jail time is not needed, he's allowing people to walk after committing offenses with no bail, etc., for the express purpose of emptying out Rikers Island and thus facilitating its development as luxury condo towers or whatever his RE masters deem suitable. Meanwhile, he wants to crap up the 5 boroughs of NYC by placing jails to hold former Rikers inmates in the midst of nice neighborhoods--G-d forbid people should live higher than the ghetto level of his favorite constituents, the ghetto thug criminals and illegals. That's the commie way, and he sure do be a commie.
“It’s a gag gas gas...”
> A subpoena might temper your words. <
I guess I wasn’t too clear previously. That is often a weakness of mine!
Anyway, I certainly would have testified at trial. And I would have answered all questions honestly and completely. But no one can compel me to talk to some defense lawyer who is standing at my front door, or one who is calling me on the telephone.
Thanks
Dry reading. I think this may be the part that could protect a witness. Looks shaky. A liberal or bribed judge making the decision could stop a witness from testifying or deny hiding the witness info.
• Good Cause: When establishing the need for a protective order, the party moving for it must show that there is a “good cause” exception. Good cause can arise under specific circumstances, mostly relating to the safety of and risk to a witness and the preservation of a defendant’s constitutional rights. Where good cause is established, the time periods for turning over discovery can be modified.
• Appellate Review: If a court grants or denies a protective order specifically pertaining to the disclosure of the name, address, contact information and statements of a witness, the party who received the adverse decision may appeal to the intermediate appellate court. The party seeking appellate review must file an order to show cause within two days of the adverse ruling.
• Sanctions: Any party that violates a protective order by sharing protected information can be charged with criminal contempt.
Enabling the criminals while disarming victims and potential victims
Way to weasel out slick.
Why don’t they give the defendant the victim’s personal phone number and a key to their front door while they’re at it? Gotta defend the rights of the accused, doncha know! Victims’ rights doesn’t fit the Leftist narrative.
And the word “Witness” passes into NY state legal history.
Yes the defense. And that would include those charged who are acting as their own attorney. But I think the concern is this now allows the accused access to some very sensitive information which previously would have been kept from them for reasons of victim and witness safety and privacy.
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