The answer to this question is fairly simple; when it comes to New York traffic violations, the Courts of New York State have allowed deeply rooted judicial principles founded on fairness to be disregarded. As I said in a previous blog, far too many judges have no apparent concept of…
So your New York Criminal case is heading to jury selection. At jury selection both your criminal defense attorney and the prosecutor will have an opportunity to question potential jurors chosen from the jury pool. (Jury selection itself will be discussed in a later blog). How is the jury pool…
How jury pools are chosen in a New York misdemeanor cases depends on what type of court your case is in. Section 2012 of New York’s Uniform District Court Act, New York’s Uniform City Court Act or of New York’s Uniform Justice Court Act, prescribes how jury panels are chosen…
The order of proceeding in a jury trial in a New York State local criminal court is the same as those in a jury trial in a superior court when one is charged by indictment. CPL § 360.05. Therefore, the order of a jury trial in local criminal court is…
As a New York criminal defense attorney, at a law firm that handles a lot of criminal trials, I often am asked by clients charged with misdemeanors and/or violations in a New York State local criminal court if they must appear in court with me for trial. Generally a defendant…
So you’ve decided to take your New York criminal case to trial. The People’s plea offer is unacceptable and your attorney, after carefully weighing the odds and risks, has advised you to reject the People’s offer and go to trial. As I said in my last blog, at the New…
While some New York Criminal Attorneys will waive your right to a jury trial in a New York local justice court, instead opting for a trial before the judge, at Tilem & Campbell, we think that is usually a mistake. At Tilem & Campbell, our policy is that if our…
If you have been convicted of an offense in New York or elsewhere that triggers New York State’s sex offender registration laws, your criminal defense attorney must be familiar with the New York Sex Offender Registration Act (hereinafter “SORA”). Registration as a sex offender in New York is governed by…
A New York State Prison inmate retains some basic due process rights despite being imprisoned. An inmate charged with a serious violation faces substantial punishment and should seek the advise of an experienced New York lawyer. When serious violations are alleged against the inmate, a Superintendent’s Hearing will be held.…
Experienced New York Criminal Attorney’s who are familiar with the New York Criminal Procedure Law are familiar with CPL § 210.40 which authorizes Judges to dismiss cases in the “Interest of Justice” and the 10 factors that Judges need consider when deciding whether to grant such a motion. The Motion…