As I indicated in prior blogs, Tilem & Campbell is currently challenging the constitutionality of the federal mandatory minimum sentences for federal crack cocaine offenses. We currently have an appeal pending in the United States Court of Appeals for the Second Circuit and will be filing another shortly on behalf…
Articles Posted in CRIMINAL PROCEDURE
TILEM & CAMPBELL APPEALS DISTRICT COURT’S FINDING THAT THE FEDERAL STATUTORY MANDATORY MINIMUM SENTENCES (21 USC 841) FOR COCAINE BASE (“CRACK”) OFFENSES ARE CONSTITUTIONAL.
At Tilem & Campbell, we represent a wide variety of defendants charged with anything from traffic infractions to serious felonies including controlled substance offenses. In a recent federal case, we represented a defendant charged in the United States District Court for the Southern District of New York with four drug…
KIMBROUGH v. UNITED STATES DID NOT STRIKE DOWN THE FEDERAL STATUTORY MANDATORY MINIMUM SENTENCES FOR CRACK OFFENSES. THE FEDERAL STATUTORY MANDATORY MINIMUM SENTENCES (21 USC 841) FOR CRACK COCAINE OFFENSES ARE ALIVE AND WELL – FOR NOW
At Tilem & Campbell, we often consult with and are retained by those facing or serving 5, 10 or 20 year federal statutory mandatory minimum sentences for cocaine base (crack) offenses. Many individuals mistakenly believe that the United States Supreme Court’s 2007 decision in Kimbrough v United States, 128 S.…
THE FEDERAL 100:1 POWDER COCAINE/CRACK COCAINE RATIO AND THE RESULTING DISPARITY IN FEDERAL MANDATORY MINIMUM SENTENCING FOR COCAINE OFFENSES?
Recently, Tilem & Campbell filed an appeal challenging the constitutionality of the federal statutory mandatory minimum sentences applicable to crack cocaine offenses and the 100:1 powder cocaine vs. crack cocaine ratio. The issues raised in the appeal will be discussed in future blogs as will the United States Supreme Court’s…
New York Times Reports Sharp Increase in Shoplifting Arrests
On the front page of today’s New York Times, the Times is reporting a sharp increase in shoplifting and shoplifting arrests across the Country. Citing several factors including the weak economy the Times is reporting that shoplifting arrests are up ten to twenty percent over last year. At the New…
NEW YORK’s VEHICLE PRESUMPTION – NEW YORK DRUG AND NARCOTICS CASES – Marijuana Not Included Part II
As discussed in the previous blog, under certain circumstances, all occupants of a vehicle can be presumed to possess drugs, guns or other weapons found within the vehicle. We also discussed the effect of the presumption on the New York criminal case and went into some detail about the presumption…
NEW YORK’s VEHICLE PRESUMPTION – KNOW WHO YOU’RE IN THE CAR WITH (AND WHAT THEY HAVE) Part I
New York Criminal Law establishes a presumption that all people in a vehicle are presumed to possess either drugs or guns that are found within the vehicle. What that means is that in New York each and every person inside a car will generally be charged with gun possession or…
New Tork Traffic Ticket Lawyers Tilem & Campbell Announce New Web Page
New York Traffic Ticket Lawyers, Tilem & Campbell are please to announce the posting of their newest web paging entitled “New York City Traffic Tickets“. The page is designed to be a primer of the practices of the New York Traffic Violation Bureau Courts (TVB) that operate in New York…
CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL IN A NEW YORK TRAFFIC VIOLATION CASE
In a previous blog I explained that one doesn’t not have a statutory right to a speedy trial in a New York traffic violation case (such as speeding, red light, stop signs violations, etc). Does this mean that a New York court can take years to schedule your trial? The…
NEW YORK HAS NO STATUTORY SPEEDY TRIAL RIGHT FOR TRAFFIC INFRACTIONS.
The simple fact is, a motorist charged with a New York traffic violation has no statutory right to a speedy trial. The denial of a statutory right to a speedy trial in a New York traffic violation case is yet another example of the New York Judiciary completely disregarding the…