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Articles Posted in CRIMINAL PROCEDURE

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TILEM & ASSOCIATES ANNOUNCES DISMISSAL OF AMMUNITION AND FIREARM MAGAZINE CHARGES AFTER JFK AIRPORT ARREST

New York gun crimes law firm Tilem & Associates is pleased to announce another victory in a firearms related case, winning a full dismissal of all charges after a person was charged with possessing handgun ammunition and a handgun magazine at JFK airport. As reported almost 6 years ago in…

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NEW YORK RECKLESS DRIVING ENFORCEMENT ON THE RISE

New York Criminal Defense law firm, Tilem & Associates has seen an increase in the number of Reckless Driving tickets and other related moving violations, which is consistent with recent media reports that a crackdown on hazardous driving is underway by the NYPD. According to the media a 24 hour…

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All Marijuana and Statements Suppressed in Nassau County Prostitution and Drug Case

Tilem & Associates, won a major victory after a Judge in Nassau County ordered that all evidence be suppressed in a Marihuana and Patronizing a Prostitute case. The evidence that was suppressed included both written and oral confessions as well as about a pound of Marihuana, a scale, grinder, baggies…

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Appearance Tickets In New York: Service Of An Appearance Ticket Or A Summons For Purposes of Commencing or Prosecuting a Criminal Action Against a Corporate Defendant [CPL 600.10]

Corporations in New York can be charged with criminal and non-criminal offenses. Corporations are often charged with regulatory violations some of which are indeed criminal. These include zoning, building, fire safety and health offenses but can also be charged with criminal offenses. Service of an appearance ticket on a corporate…

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APPEARANCE TICKETS IN NEW YORK: IMPROPER SERVICE OF AN APPEARANCE TICKET WILL NOT DEPRIVE THE COURT OF JURISDICTION IF THE DEFENDANT APPEARS IN COURT AND A SUFFICIENT ACCUSATORY INSTRUMENT HAS BEEN FILED

Recently I was contacted by a person who had been issued a ticket for passing a stopped school bus (VTL 1174 “Overtaking And Passing School Bus) by a New Rochelle Police Officer who left the ticket with this person’s son at the front door of his home located in White…

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SENTENCING IN NEW YORK: WHEN A DEFENDANT IS SENTENCED TO PROBATION, THE SENTENCING COURT, NOT THE DEPARTMENT OF PROBATION, SETS THE TERMS AND CONDITIONS OF PROBATION

In New York, as elsewhere, probationary sentences for criminal charges play a major role in the criminal justice system. Incarceration is rarely appropriate. When a judge sentences a defendant to a sentence that involves probation, it is the judge that determines the conditions of such probation. By law, it is…

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HOW CAN APPEARANCE TICKETS ISSUED IN NEW YORK BE SERVED [CPL 150.40(2)]

With Limited Exceptions, When the Defendant is a Natural Person, Appearance Tickets Must be Served Personally [CPL 150.40(2)] Generally, under New York law, other than an appearance ticket issued for a traffic infraction relating to parking, an appearance ticket must be personally served. Except, an appearance ticket issued for the…

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APPEARANCE TICKETS IN NEW YORK: POLICE CAN REQUIRE BAIL BEFORE THEY RELEASE SOMEONE ON AN APPEARANCE TICKET [CPL 150.30(1)]

In New York, where a police officer has arrested a person but has decided to issue that person an appearance ticket instead of bringing that person before a judge, the arrested person may be required to post pre-arraignment bail. The bail is forfeited if the person fails to appear as…

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ARE YOU UNDER ARREST IF THE POLICE SHOW UP AT YOUR HOME? THE MERE ISSUANCE OF AN APPEARANCE TICKET BY THE POLICE AT A PERSON’S HOME DOES NOT CONSTITUTE AN ARREST

If the police crash through your front-door at 6:00 a.m. in full paramilitary ninja outfits like Seal Team 6; drag you out of bed with assault weapons jammed in your temple; handcuff you and then proceed to tear up your house before realizing you live at 639 Main Street and…

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Are New York Police Required To Read A Driver Their “Miranda Rights” Before Questioning Them During a Car Stop?

If you’re stopped by the police in New York (Greenburgh, White Plains, Harrison, etc) for a traffic infraction such as speeding, should the police read you your “rights” prior to questioning you about where you coming from, if you had anything to drink or if you knew why you were…

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