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Articles Posted in CRIMINAL PROCEDURE

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A RECENT COURT DECISION COULD HAVE A MAJOR IMPACT ON GUN AND WEAPON CHARGES IN NEW YORK CITY

A recent Appellate Court decision overturning a Nassau County gun law could have far reaching implications for New York City gun charges and New York City weapons offenses. As previously discussed in a prior blog, New York City bans many items which are legal in other parts of New York…

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FINGERPRINTING OF A DEFENDANT WHOSE COURT ATTENDANCE HAS BEEN SECURED BY THE ISSUANCE AND SERVICE OF A SUMMONS BASED UPON AN INFORMATION OR MISDEMEANOR COMPLAINT FILED BY A COMPLAINANT WHO IS NOT A POLICE OFFICER IS DISCRETIONARY. [CPL 130.60]

As explained in a prior blog, New York State law requires, with some limited exceptions, that an individual be fingerprinted when he is arrested for (1) a felony; (2) a misdemeanor defined in the New York State Penal Law; (3) a misdemeanor defined outside the New York State Penal Law…

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WHAT IS AN APPEARANCE TICKET? [NY CPL 150.10]

In New York, often an individual will be issued an appearance ticket by the police. Many times appearance tickets are issued for offenses such as marihuana possession, aggravated unlicensed operator and driving while intoxicated. Experienced criminal attorneys know that getting a client an appearance ticket, also called a “Desk Appearance…

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FLIGHT FROM POLICE ALONE IS INSUFFICIENT TO JUSTIFY FURTHER POLICE INTRUSION [People v. Pirillo (3rd Dept November 24, 2010)]

As we have discussed often in this blog, suppression of evidence can often be the best avenue of an attack for an experienced criminal attorney. New York Courts have consistently held that one’s flight from the police, absent additional conduct creating a reasonable suspicion that a crime has been, is…

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THE SECOND EPISODE OF LAW TALK WITH PETER TILEM & Peter Tilem WAS A GREAT SUCESS AND IS NOW AVAILABLE ON DEMAND

The second episode of “Law Talk with Peter Tilem and Peter Tilem” aired last night and was a great success. The topics last night included prosecutorial and judicial misconduct, the role of the prosecutor and a little bit more about DWAI (Driving While Ability Impaired by Alcohol) in New York.…

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ARRESTED IN QUEENS? DON’T TALK TO ANYONE UNTIL YOU SPEAK WITH YOUR OWN LAWYER

We’ve all heard it a thousand times on T.V. and in the movies, “You have the right to remain silent ….” But unfortunately, many people who are arrested make statements to the police and/or prosecutors in an effort to exonerate themselves. Most times, those statements actually hurt the defendant. Other…

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NEW YORK CRIMINAL DEFENSE LAWYERS COMPLETE THEIR FIRST RADIO SHOW WHICH COVERED DWI AND GUN CASES

New York Criminal Defense lawyers Peter H. Tilem and Peter Tilem completed their first radio show broadcast live over internet radio earlier this evening on the Centanni Broadcasting Network. The topic of the show was the severe penalties for DWI and Gun cases in New York. The shows are archived…

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NEW YORK CRIMINAL DEFENSE FIRM WINS DISMISSAL IN ANOTHER BRONX GUN CASE

New York criminal defense firm Tilem & Campbell won a dismissal earlier today in another Bronx gun case. The case, started with the arrest of the client in December 2009 after a dispute with her roommate. The roommate notified the landlord, an off duty NYPD detective that her roommate had…

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TILEM & CAMPBELL IS PLEASED TO ANNOUNCE THAT SENIOR PARTNER HAS EARNED THE HIGHEST RATING FROM LAWYER RATING SERVICE AVVO

Tilem & Campbell is pleased to announce that Senior Partner Peter H. Tilem, Esq. has earned the highest rating from lawyer rating service AVVO. Peter Tilem earned the maximum rating of 5 out of 5 in each of the rating categories which include experience, industry recognition and professional conduct and…

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