Derek P. Champagne
To investigate and prosecute violations of state and local criminal statutes occurring within Franklin County.
_____________________________________________________________________________
----------------Noteworthy Cases----------------
Drug Enforcement
Tupper Lake, 150 Lbs of marihuana
Check Enforcment Program
Each year merchants lose millions of dollars to dishonored checks.
Dishonored checks affect everyone, pushing the cost of goods higher. The
program is free to all merchants within Franklin County. The program
includes assistance in recovering money lost, pursuit and prosecution of check
offenders, programs to reduce the number of dishonored checks, and education
to offenders to avoid future dishonored checks.
Pamplet available in Documents Section
Domestic Violence Victims
The mission of this program is to end violence, protect victims of
violence, hold batterers accountable and make referrals to local domestic
violence intervention programs for long-term victim support.
Pamplet available in Documents Section
|
COMLINKS, Franklin County Domestic Violence Intervention
A Franklin County Program whose goal is the assistance of victims of Domestic Violence regardless of age. Has a 24-hour a day crisis hotline. Phone number 483-1261
|
|
National Domestic Violence Hotline
Hotline for reporting and requesting assistance regarding to Domestic Violence. Assistance is available in English and Spanish with access to more than 170
languages through interpreter services, 24 hours a day, 365 days a year.
|
|
New York Crime Victims Board
Services: Program upholding the rights of crime victim, information provided includes - Victim compensation & information - Direct Reimbursement of Forensic RAPE/Sexual Assault Examinations(FRE)
- Victom Assistance Program |
|
The National Center for Victims of Crimes
Educational material, Resources, and program directories about assitance for Victims of Crimes.
|
|
Inmate Information Search
Services: Inmate Information including - Identification and location, Crimes of conviction, Sentence terms and release dates |
|
New York's Most Wanted Fugitives
Services: List of most wanted Fugatives site includes - List of most wanted - List of captured most wanted - Contact infomation for request and submission of information |
|
New York State Coalition Against Domestic Violence
A not-for-profit membership organization whose mission is to eradicate domestic
violence and to ensure the provision of effective and appropriate services to
victims.
|
|
Office on Violence Against Women
The mission of the Office on Violence Against Women (OVW) is to provide
federal leadership to reduce violence against women, and to administer justice
for and strengthen services to all victims of domestic violence, dating
violence, sexual assault, and stalking. This is accomplished by developing and
supporting the capacity of state, local, tribal, and non-profit entities
involved in responding to violence against women.
|
|
Drug Traffickers Find Haven
New York Times article (February 16, 2006)
|
|
International Drug Ring Dismantled
5,000 pounds of marijuana, 25 kilograms of cocain, $6 million in US currency, (July 9, 2009)
|
|
North Country Marijuana Trafficing
U.S. Drug Enforcement Administration
|
|
----Important Guidelies for Victims----
|
|
----Crime Victims' Rights----
Victims have certain rights in the criminal justice system. Depending upon the type and disposition of the case, a victim may be entitled to:
|
|
Witnesses and Victims:
Information for Witnesses and Victims of Domestic Violence Every year, 6 million people nationwide are victims of domestic violence. Domestic violence can involve physical, verbal, emotional, economic, or sexual abuse. The abuser may be your husband, wife, domestic partner, parent, or child, or any other household or family member. These questions and answers will give you information on domestic violence, and tell you how the District Attorney's Office can help. I want the abuse to stop. What should I do?
My abuser has been arrested. What happens now?
What do you mean my abuser can be released? Don't I get any protection?
Now that I have this order of protection, how safe am I?
Can you still help me, if I don't want my abuser arrested?
New York State Domestic Abuse Hotlines
|
|
Rape:
Preventing Rape by Intoxication Scenario A 22 year-old goes out with her friends one night and drinks way too much. She wakes up the next morning, violated and frightened, only remembering small bits and pieces of the night before. What she does remember was the face of a man on top of her. She was so intoxicated that she was unable to resist. Now, she worries that she might be pregnant or infected with a Sexually Transmitted Disease. She wonders where her friends went. She has become another victim of a serious felony...
RAPE
BY INTOXICATION
Don't let it happen, and look out for your friends
Prevent Rape
Protect Yourself
Get Help
|
|
----Information for Witnesses and Victims of Elder and Child Abuse----
What is Elder Abuse?
Child Abuse: If you know or have reasonable suspicion that a child is being abused or neglected, call the state Central Registry at 1-800-342-3720. In case of emergency, call 911 immediately.
|
|
Motor Vehicles:
QUESTION? Licence Suspension Do you prosecute drivers who possess suspended out-of-state licenses under the Vehicle and Traffic Law? Aggravated Unlicensed Operation of a Motor Vehicle in New York, also known as driving with a suspended (or revoked) license, is a serious crime defined in the Vehicle and Traffic Law (VTL) of New York State. Driving with a suspended license can be either a misdemeanor or a felony depending on the circumstances of the individual case. Usually, the motorist’s license is suspended for failure to respond to one or more summonses, but a person’s New York State License can also be suspended or revoked for VTL offenses such as Operating a motor vehicle while under the influence of Alcohol or Drugs. Likewise, an insurance lapse, three speeding convictions in an eighteen month period or accruing more than 11 points on a person’s license can result in a suspension of your license.
*(MADD) Mothers Against Drunk Driving Statistics
Do not drive if your license has been suspended. Driving with a suspended license is a serious offense punishable by fines and jail time. Do not ignore summonses, DMV notices or insurance issues. Contact the DMV or consult with an attorney who can check the status of your license or driving privileges. If you are charged with driving with a suspended license, be sure to get the matter resolved promptly, so that your driving privileges may be lawfully restored.
Links: Franklin County Motor Vehicles
|
|
Fraud:
QUESTION? Online Fraud Generally speaking, when buying or bidding on goods online, you should be careful about divulging your personal financial information. You should also be careful in selecting the vendors with whom you deal.
To avoid being defrauded by online vendors, keep the following guidelines in mind:
|
|
--------------------------------------------------
Childhood Bullying
|
|
---------------------------------------------------
Cell Phone While Driving There is no question that any distractions while driving can play a part in causing car accidents. Recent studies show that cell phone use while driving is particularly risky behavior, especially when practiced by teens. For example, a number of fatal accidents involving teenagers that have occurred within the last few years have been directly linked to driver text-messaging. This practice, which requires a driver of a vehicle to take his eyes off the road for a period of several seconds at a time to type into the cell phone and then to receive and read typed responses, is particularly hazardous.
Several states, including New York, restrict cell phone use while driving. The law in New York prohibits hand-held mobile telephone use while driving. However, state cell phone driving laws vary, with some states focusing on cell phone use by novice drivers as the emerging highway safety problem.
The benefits to having a cellular phone with you when driving can be great. According to SafeNY.com, nearly half of all cell phone owners claim to have used car phones to report car trouble, medical emergencies, crimes and drunk or reckless drivers. When traveling alone, particularly for long stretches on isolated roads or in darkness, cell phones can be a tremendous comfort. However, it is important to recognize that any task a driver performs while driving can be a potential distraction. For this reason, I would encourage all drivers to turn off your cell phones, Blackberrys and PDA’s while driving, and allow voice mail to pick up your calls during this time.
It is important to remember that parents can be the strongest influence on teenage driving habits. Always set a good example. Don’t drink and drive, obey traffic signs and signals, buckle up, and don’t use electronic devices while driving.
|
|
----------------------------------------------------
Animal Neglect New York’s Agriculture and Markets Law Section 353-b requires that dogs left outdoors be provided with shelter appropriate to their breed, physical condition and the climate. Violations of this law are punishable by a fine of up to $100 for a first offense, with increased fines for future offenses.
To determine whether this law is being violated, several factors must be considered. First, what are the breeds of the dogs? Large, thick-furred breeds might be very happy outside in midwinter, but shorthaired or small breeds could chill quickly.
Second, the health and age of the dogs are additional considerations. An ill or injured dog might worsen in bad weather. Similarly, very young or very old pets, regardless of breed, might be more susceptible to the effects of extreme weather.
Third, the shelter must be appropriate for the climate. Since inclement weather can involve extremes of temperature as well as rain, sleet, ice, snow or wind, the shelter must be suitable for the particular conditions. For instance, shade, along with fresh water, would be necessary on a hot summer day. The shelter must be structurally sound, with a waterproof roof and insulation sufficient to protect the dog from the weather. The housing and surrounding area must also allow the dog to stand, stretch, turn around and lie down comfortably. Waste, dirt and trash must be removed to maintain a healthy and sanitary environment.
North Country Animal Shelter: PO Box 813, NY 12953, Phone: 518-483-8079
|
|
Definitions:
Legal Terms used in the Criminal Justice System Note: Diagram illustrating judicial process in Images section ACQUITTAL: A disposition of a case in which the defendant is found not guilty.
ADA: Abbreviation for Assistant District Attorney. See also Assistant District Attorney.
ADJOURN: To suspend a proceeding to a later time and perhaps different place.
ADJOURNMENT IN CONTEMPLATION OF DISMISSAL (ACD): A conditional dismissal of a case pending law-abiding behavior of the defendant. An ACD case may be restored to the court¹s calendar if the defendant commits any new crimes.
AFFIDAVIT: A written statement of facts submitted in the course of a legal proceeding. See also corroborating affidavit.
AFFIANT: One who makes an affidavit.
APPEARANCE TICKET: An appearance ticket is issued for less serious crimes. It releases a defendant from custody before arraignment and requires the defendant to appear in Criminal Court on a specified day for arraignment. If a defendant fails to appear on an appearance ticket, a bench warrant may be issued. The warrant authorizes the arrest of the defendant and the arresting officer is directed to bring the defendant before the court.
ARRAIGNMENT: An early stage in the criminal justice process, occurring after an arrest. The defendant is brought before a judge and informed of the charges pending against him or her. If applicable, bail is set.
ARRAIGNMENT COURT PART: The location in which defendants are arraigned. In Nassau County, the majority of defendants are arraigned within 24 hours of their arrest. Defendants who are later indicted by a Grand Jury will be arraigned again in Supreme Court.
ARREST: In the majority of cases, an arrest is the first stage in the criminal justice process. In some cases, an investigation precedes the arrest. In a typical arrest, a defendant is charged by the police and taken into custody.
ASSISTANT DISTRICT ATTORNEY (ADA): Assistant District Attorneys are lawyers hired by the District Attorney to prosecute cases as representatives of the People of the State of New York.
BAIL: Cash or bond posted by a defendant as collateral to ensure that he or she returns to court on a future date.
BENCH WARRANT: A warrant issued by a judge when an individual fails to appear in court at a specified date and time.
CALENDAR PART: Court Part to which a case is sent after arraignment, but before trial. Motions and pleas are heard in this Part.
COMPLAINT: The legal instrument filed by the State which initiates a criminal action. The complaint states the alleged crime of the defendant in legal language. In Criminal Court (misdemeanor cases), the complaint serves as the formal accusatory instrument. In Supreme Court (felony cases), the complaint serves as a preliminary accusatory instrument until a Grand Jury indictment is obtained.
COMPLAINANT: A person who makes a complaint or files a formal charge in a court of law.
CONDITIONAL DISCHARGE: A sentence imposed by a judge when a court believes that neither jail nor probation is appropriate for the defendant. The court can require the defendant to lead a law-abiding life, to participate in a specific program, or to avoid contact with certain persons.
CONTRABAND: Goods barred by law. Contraband generally includes specific weapons or drugs prohibited by law.
CONVICTION: A disposition of a case in which the defendant is found guilty by trial or plea.
CORROBORATING AFFIDAVIT: An affidavit provided by a witness that confirms the witness¹ assertions as stated in the criminal complaint (the legal instrument which initiates a criminal action). A corroborating affidavit converts a complaint into an information, which is then ready to proceed through the criminal justice process.
COURT CLERK: The Court Clerk assists the judge in record-keeping and other clerical duties; generally in charge of the personnel assigned to the courtroom.
COURT OFFICERS: Court officers are distinguished by their uniforms, badges, and shoulder patches and they are responsible for security in the court room. They are usually armed. They often assist the clerk of the court with clerical duties.
COURT PART: The physical location in which court proceedings occur. See also Arraignment Part, Jury Part, and All Purpose Part.
CROSS-EXAMINATION: The questioning of a witness presented by the opposing party at trial.
DECLINE TO PROSECUTE (DP): In some cases, the prosecutor may decide not to proceed against a defendant, in which case the prosecutor declines to prosecute the case. A prosecutor may decline to prosecute for a number of reasons, for example, if there is insufficient evidence or if further investigation is needed.
DEFENDANT: The person alleged to have committed the crime.
DEFENSE LAWYER: The lawyer who represents the defendant in a criminal case. The defense of those who cannot afford to pay for a lawyer is provided by organizations such as the Legal Aid Society in Nassau County.
DEPONENT: A person who testifies under oath, usually in writing.
DISMISSAL: The disposition of a case in which the charges against a defendant are removed. Only a judge can dismiss a case.
DISPOSITION: Once a case has concluded, it is said to be disposed. Possible dispositions include: conviction by trial or plea, dismissal, and acquittal.
DISTRICT ATTORNEY: The District Attorney is a lawyer, elected by the residents of his or her jurisdiction, to represent the State in criminal proceedings against those accused of crimes. The District Attorney of Franklin County is Derek P. Champagne
DOCKET NUMBER: Cases are numbered, and tracked by the Court with a docket number.
FELONY: An offense which is the most serious crime category. Felonies are divided into five classes: "A", "B", "C", "D", and "E" An "A" felony is the most serious, and an "E" felony is the least serious. The class determines the permissible sentence and prison terms in excess of one year that may, and sometimes must, be imposed. Examples of felonies are robbery, burglary, grand larceny, sale of narcotics, and murder.
GRAND JURY: Under New York State law, Grand Juries are empowered to hear evidence presented by prosecutors and to file charges, known as indictments, in felony cases. The Grand Jury can also conduct independent investigations. Each Grand Jury is comprised of 23 people.
HEARSAY: Evidence based upon the reports of others, rather than on the first-hand experience of a witness.
HUNG JURY: A jury that cannot reach a unanimous verdict is called a hung jury. When there is a hung jury, the case may be retried.
INDICTMENT: A written statement charging a party with the commission of a crime or other offense, drawn up by a prosecuting attorney, and voted and filed by a Grand Jury.
INFORMATION: A complaint which has the necessary corroborating affidavit.
INTERPRETER: Provides translation for non-English speaking witnesses and defendants.
JUDGE: Presides over trials and hearings, decides motions, and conducts arraignments.
JURISDICTION: The territorial range over which the authority to interpret and apply the law extends. Each of the 62 counties in New York State has a District Attorney who is an elected official. Each DA has jurisdiction to prosecute crimes and offenses that are committed in the county of election only.
MISDEMEANOR: Misdemeanors are offenses for which a term of 15 days to one year may be imposed. Misdemeanors are divided into two classes: "A" and "B." The maximum term of imprisonment for an "A" misdemeanor is one year and the maximum term for a "B" misdemeanor is three months. Examples of misdemeanors are shoplifting, trespassing in a building, and jumping a turnstile.
OFFENSE: In New York there are three major classes of offenses for which a person may be prosecuted: violations, misdemeanors, and felonies. Violations are the least serious offenses. Offenses are defined in the Penal Law of New York State. Others can be found in statutes such as the Vehicle and Traffic Law or in local ordinances.
PLEAS: Guilty pleas are dispositions in which the prosecutor and the defendant agree on a guilty charge. Often, pleas will have a sentencing recommendation. A judge must approve the plea. A defendant pleads not guilty when he does not admit to the charges brought against him. If a defendant pleads not guilty, his case will continue until trial, dismissal, or such time that the defendant decides to plead guilty.
PROBATION DEPARTMENT: The department responsible for the supervision of persons placed on probation in lieu of imprisonment. This department also conducts pre-sentence investigations used by judges when determining sentences.
RELEASED ON OWN RECOGNIZANCE (ROR): When the court determines that a defendant is likely to appear in court as required by law, bail may be deemed unnecessary and the defendant is released without posting bail.
REMAND: In serious cases when the court determines that a defendant is likely to flee the jurisdiction of the court, the court may determine that bail should not be offered. Remanded defendants remain in custody.
ROSARIO: Rosario material includes any statements of a witness who will testify at trial. Police forms that summarize a witness¹ statement, a signed statement by a witness, and paperwork prepared by a testifying police officer are examples of Rosario materials. Rosario material must be given to the defense before the opening statements.
STENOGRAPHER OR COURT REPORTER: Takes verbatim record of court proceedings using a stenotype machine which records stenographic symbols on paper.
TRIAL: A criminal trial is a formal examination of evidence before a court of law or a jury to determine whether a defendant is guilty of the charges brought against him beyond a reasonable doubt.
UNCONDITIONAL DISCHARGE: A sentence of an unconditional discharge is imposed when the judge does not believe that it would be helpful to impose any conditions on the defendant.
VIOLATION: An offense carrying the lowest sanctions. Although they are penal in nature, violations are not defined as crimes. The maximum term of imprisonment is fifteen days.
VOIR DIRE: Voir Dire is the name given to jury selection. In Criminal Court, 6 jurors and 1 or 2 alternates are chosen. In Supreme Court, 12 jurors and 2 to 4 alternates are chosen. When prospective jurors are brought to the courtroom, the judge will explain certain principles of law and question the prospective jurors. The ADA then questions the jurors. After the ADA has finished, the defense attorney asks further questions. Out of hearing of the jury and following established rules, the attorneys will excuse jurors they believe should not sit on the case. The remaining jurors are sworn in. The process continues until the full number of jurors and alternates is chosen.
WARRANT: A judicial writ authorizing an officer to execute a search, seizure, or arrest. |
|
Traffic Reduction Form
|
|
Bad Check Pamplet
|
|
Domestic Violence Pamplet
|
|
DNA and its uses in Law Enforcment
|
|
Yearly Report 2002
|
|
Yearly Report 2003
|
|
Yearly Report 2004
|
|
Yearly Report 2006
|
|
Malone Telegram - Drug Ring Bust (July 8, 2009) - Page 1
|
|
Malone Telegram - Drug Ring Bust (July 8, 2009) - Page 2
|
Derek Champagne with U.S. Attorney for the Northern District of New York Glenn Suddaby
|
Judicial Process
|
|
