New York
- After a judge granted a motion to dismiss DWI charges at arraignment, Erin was retained when the charges were refiled and secured the dismissal of her client’s charges at the second arraignment. When the District Attorney and Sheriff’s Office initiated a third prosecution, Erin secured a third dismissal of the charges. She subsequently filed a notice of claim for malicious prosecution and, after a 50-h hearing, settled the matter with payment by the County to her client in the amount of $35,650.
- After the New York State Police unlawfully denied Van Vleck Law access to raw data files pertaining to evidence swabs needed for DNA analysis in a post-conviction investigation for a client who has unwaveringly maintained his innocence, Erin obtained the records via a court order. She challenged the denial of her request made under Freedom of Information Law by filing a special proceeding against the New York Division of State Police in Albany County Supreme Court. The Court also awarded Van Vleck Law attorney’s fees and litigation costs (ordering the NYSP to pay Van Vleck Law $8,893.14). The Court’s decisions can be read here:
Decision, Order and Judgment Granting Petition
Decision and Order Awarding Attorney’s Fees and Litigation Costs
- Erin was retained by a client charged with aggravated DWI who pled guilty to DWI but remained unsentenced for a year due in part to the neglect of his prior attorney, assistant district attorney, and the court. Erin filed a motion to dismiss the charge due to the excessive delay in sentencing while her client suffered the loss of his driving privileges for two years. Although the Court denied the motion to dismiss, the assistant district attorney and Court agreed to the withdrawal of her client’s guilty plea and to resolve the matter with a reduction to a plea to non-criminal offense.
- Erin secured the dismissal of DWI charges because of the District Attorney’s Office’s violation of her client’s right to a speedy trial and discovery rights.
- Where a client was charged with two counts of criminal contempt, Erin filed a motion to dismiss the charges because the order of protection alleged to have been violated was unsigned, the accusatory instruments were facially insufficient, and the District Attorney’s Office violated her client’s rights to a speedy trial and discovery. She then used that motion as leverage to resolve all charges with an adjournment in contemplation of dismissal, ultimately resulting in dismissal of all charges.
- Erin filed a motion for sealing of a client’s criminal record after he successfully completed Drug Treatment Court and remained a law-abiding citizen who was actively involved in serving his community.
- An attorney hired Erin to write an appellate brief for a criminal case in New York that resulted in the appellate judge vacating the defendant’s guilty plea, reinstating the accusatory instrument, and remitting the case for further proceedings. Erin then wrote motions that led the court to hold a probable cause hearing. After the hearing, Erin wrote a post-hearing brief. In considering the evidence presented at the probable cause hearing and the post-hearing brief, the trial judge determined that there was no probable cause to arrest the defendant for any of the criminal charges. The judge dismissed the charges of Driving While Intoxicated by Alcohol, Driving While Ability Impaired by Drugs, and Refusal of a Preliminary Breath Test. Two weeks later the judge dismissed the remaining six Vehicle and Traffic Law offenses in the interest of justice.
- Erin and her co-counsel represented the plaintiff in a federal civil case in the Northern District of New York that resulted in a $2.5 million settlement. The case included claims of police excessive force, malicious prosecution, false arrest, deprivation of medical care, medical malpractice, Monell liability, and violations of the ADA and New York State Human Rights Law by government and private actors. All of these claims survived summary judgment. Erin’s involvement in the case spanned three years and included extensive written advocacy.
- After a police department refused to provide emails and other public records requested under Freedom of Information Law, Erin filed a proceeding in Supreme Court under CPLR article 78, prompting a settlement involving disclosure of the records and payment of her legal fees by the city.
- After a police department refused to provide (under Freedom of Information Law) disciplinary records for complaints against officers that were not sustained, exonerated, unfounded, or withdrawn, Erin filed a proceeding in Supreme Court under CPLR article 78 and obtained an order for the police department to disclose the records.
Alaska
- In representing a client charged with two fish and game class A misdemeanors who was on probation for a prior fish and game class A misdemeanor conviction, through written and oral advocacy, Erin won the return of more than $13,000 worth of property that the State had seized and sought forfeiture of.
- “Attorney Erin Van Vleck took all the stress from me when she represented me. Erin kept me informed on each step of the legal process of my case. She explained each step and made sure I understood each step and I was in agreement each time. Erin is very knowledgeable, professional, straight forward, and was very aggressive in court in getting my $13,500 ATV returned to me. Erin exceeded all of my expectations. Anyone needing a truly dedicated lawyer to represent them can’t go wrong in choosing Erin Van Vleck.” — Pedro (Fairbanks, AK), November 2016
- Erin’s written and oral advocacy resulted in the court’s suppression of most of the evidence in two driving under the influence cases, where both cases also had misconduct involving a controlled substance charges, and one case had a refusal of a chemical breath test charge. All charges in both cases were ultimately dismissed. In one case the court ruled there was not probable cause for the traffic stop. In the other case the court ruled there was not probable cause for the DUI arrest.
- Through investigation and advocacy, Erin secured dismissals of a client’s charges of fourth-degree domestic violence assault and interference with the report of domestic violence.
- Through written advocacy, Erin secured dismissals of a client’s assault and domestic violence fear assault charges.
- Erin’s research and writing resulted in a favorable ruling in a trial court in Alaska that a jury and not a judge must find that a crime is one of domestic violence.
- Where the State obtained a confession in violation of her client’s right to counsel, as explained by the United States Supreme Court in Edwards v. Arizona, Erin used that violation as leverage in written plea negotiations and efficiently secured a favorable plea agreement for a case involving three felonies and a misdemeanor.
~Prior results do not guarantee a similar outcome.~
