As New York DWI lawyers, we are following a recent state appellate court opinion on a New York DWI case discussing the procedures law enforcement must use to legally conduct a DWI checkpoint. Ultimately, the court concluded that the checkpoint used by law enforcement leading to the defendant’s arrest was…
Earlier this month, a state appellate court issued an opinion in a New York drug case, affirming the defendant’s conviction. The court’s opinion, although brief, discusses what has come to be known as an eavesdropping warrant. The Fourth Amendment to the United States Constitution protects all individuals against unreasonable searches…
Last month, a state appellate court issued an opinion in a New York DWI case discussing the denial of the defendant’s pretrial motion to suppress. The case required the court to determine if the lower court properly denied the defendant’s motion based on the arresting officers’ credibility. Finding that there…
A state appellate court issued an opinion in a New York gun possession case, last month, requiring the court to determine if the police officers were justified in stopping the defendant’s vehicle for a traffic violation. Ultimately, the court concluded that the officer lacked any basis to believe that a…
The COVID-19 pandemic has had an extraordinary impact on the lives of all Americans. It seems as though almost every aspect of life has changed, seemingly overnight. As New York Criminal Defense Lawyers we are very concerned about the impact on the New York criminal justice system. In the wake…
Recently, a state appellate court issued an opinion in a New York gun possession case discussing the defendant’s claim that officers searched him without possessing the necessary probable cause or reasonable suspicion. After reviewing the evidence and applying the relevant law, the appellate court agreed, finding that the defendant’s motion…
Earlier this year, a state appellate court issued a written opinion in a New York drug possession case involving the defendant’s claim that a stop and search of her vehicle violated her constitutional rights. Ultimately, however, the court determined that the search was supported by reasonable suspicion, rejecting the defendant’s…
Earlier this year, a state appellate court issued an opinion in a New York gun possession case, requiring the court to review the lower court’s decision denying the defendant’s motion to suppress. After reviewing the facts and applicable legal principles, the court agreed with the court below, affirming the denial…
If you haven’t been arrested for DWI (driving while intoxicated) or are not familiar with DUI laws, you probably have no idea what an ignition interlock device is. This small tool is a requirement for drivers who violated drunk driving laws throughout the United States. In fact, each state has…
Earlier this year, a state appellate court issued an opinion in a New York attempted murder case stemming from a shooting outside an apartment complex. The court’s opinion discussed, among other issues, the defendant’s motion to suppress the identification of the defendant made by the complaining witness. Ultimately, the court…