Senior Partner Peter H. Tilem of the White Plains law firm, Tilem & Campbell recently passed the test to become an NRA Certified Pistol Instructor. Mr. Tilem, who is a senior criminal defense lawyer, NRA member and handles much of the firms firearms law practice together with law partner Peter…
Articles Posted in CRIMINAL PROCEDURE
US SUPREME COURT VACATES TWO CONVICTIONS FOR LAWYERS INEFFECTIVE PLEA BARGAINING
Recently we reported in our blog that a DWI conviction was vacated on grounds of ineffective assistance of counsel where the lawyer simply had his client plead guilty to Driving While Intoxicated without conducting an investigation into the evidence in the case. Now, just last week, the United States Supreme…
New York Speeding Tickets: Speed Not Prudent Charge Cannot Be Based Upon The Mere Happening of An Accident
Have you been charged in New York with “speed not prudent” by an officer who did not witness the alleged offense? Were you involved in an accident and then issued a ticket for an infraction by an officer who did not witness the accident? Judge Malone of the Justice Court…
Sentencing Issues In New York: Court Has No Authority To Alter a Judgment And Sentence In The Absence Of The Defendant And His Attorney
In New York, a court cannot change, amend or otherwise alter a sentence in a criminal case without the defendant and his or her criminal defense attorney being present. Occasionally a court might attempt to change an otherwise legal sentence post sentence by signing additional probation conditions. This practice is…
Appearance Tickets In New York: Whether The Court Must Dismiss, May Dismiss or Cannot Dismiss If The Required Accusatory Instrument Is Not Filed By The Return Date Of The Appearance Ticket Has Not Been Definitively Determined By The Courts
In prior blogs I have explained that where the police choose to issue an arrestee an appearance ticket instead of detaining that person until they can see a judge, the police must thereafter file a sufficient accusatory instrument with the court on or before the return date listed in the…
Appearance Tickets In New York: Detention Of A Person In New York For Purposes Of Issuing That Person An Appearance Ticket Is An Arrest Situation Which Would Allow The Officer To Search That Person As If That Person Was Formally Arrested
In New York, if a person is formally arrested, they can be searched incident to that arrest. However, can the officer also search a person if the person could have been arrested but the officer decides to issue that person an appearance ticket on scene instead? The answer is “sometimes.”…
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…
Appearance Tickets In New York: New York Has Carved Out Only Three Specific Exceptions Which Allow An Officer To Arrest A Person For A Traffic Infraction Not Committed In the Officer’s Presence
The New York State Legislature has acknowledged that CPL140.10(1)(b) prohibits an officer from making an arrest or issuing an appearance ticket for a traffic infraction not committed in his or her presence and has determined that there are only three specific traffic infractions where an officer should be allowed to…
OVER CRIMINALIZATION – Part III – There Are No Accidents
The Wall Street Journal Reported last week, that criminal charges were being prepared against British Petroleum and/or individuals who worked for British Petroleum and who were supposedly responsible for the oil spill that occurred in the Gulf of Mexico last year after the Deep Water Horizon drilling platform caught fire.…
OVER CRIMINALIZATION – Part II – COLLATERAL CONSEQUENCES OF ARRESTS
As of 2008, 2 million youths are arrested each year. While the original intent of the juvenile justice systems created throughout the country was to prevent stigmatization and collateral consequences that could naturally flow from an arrest. As experienced criminal defense lawyers know the system is less than perfect in…