As we wrote in our blog on March 12, 2021 Jerry from Jerry’s Firearms in Suffolk County was arrested. At that time there was speculation about the charges and whether Jerry was arrested for selling “other” weapons that the Suffolk County Police decided violated New York’s Safe Act or whether…
The New York and federal constitutions provide fundamental rights to all citizens. Among the most important are those contained in the Fourth Amendment. The Fourth Amendment generally protects citizens from unreasonable searches and seizures. Historically, this meant that police officers needed to obtain a warrant before searching a person, their…
Recently, a state appellate court issued an opinion in a New York kidnapping case. In its opinion, the court addressed the defendant’s motion to suppress physical evidence obtained when the officers executed a warrantless search of his home. The defendant also sought suppression of post-arrest statements he made to detectives.…
An individual charged and convicted upon a guilty plea of a New York weapons offense recently appealed his conviction based on a constitutional violation of his rights. The accused argues that the trial court erred in failing to suppress evidence that his parole officer recovered during searching the man’s home.…
As we reported in our blog on March 31, 2021, we won a five year battle to get a New York gun charge dismissed based upon an illegal search. State and federal law as well as the US Constitution provide that all citizens enjoy the right to be free from…
There are significant ramifications after one is charged or convicted of a New York DWI criminal offense. These cases can impact a person’s rights in many ways, including, fines, surcharges, loss of driving privileges, probation and jail and pose serious reputational, financial, and familial issues. Individuals who face these charges…
Earlier this year, a state appellate court issued an opinion in a New York Drinking and Driving case discussing the standard courts use to determine whether a police officer’s actions were justified in stopping a parked car. Ultimately, the court concluded that the officer’s stop of the defendant was valid,…
As DWI lawyers, we have to be concerned about the numerous potential collateral consequences to a DWI arrest. The day non-U.S. citizens receive their Permanent Resident Card—more popularly known as a green card—is probably one they will never forget. Being green card holders will finally allow them to enjoy benefits…
Earlier this year, a state appellate court issued a written opinion in a New York DWI case involving a defendant’s motion to suppress evidence that was obtained during what she claimed was an illegal arrest. Ultimately, the court found that the officer did not conduct the field sobriety tests correctly,…
Earlier this year, a state appellate court issued an opinion in a New York gun case involving what the prosecution called a valid inventory search. However, the court rejected the prosecution’s characterization of the police officers’ search of the defendant’s vehicle as an inventory search, suppressing the evidence found in…