Tilem & Associates, New York’s premier law firm for gun owners is pleased to announce the creation of a new pre-paid legal program, NY Tac Defense, for New York gun owners which includes legal representation for self-defense cases and red flag (ERPO) cases for enrolled clients. Clients enrolled in the…
New York Criminal Attorney Blog
New York Court Suppresses Gun Found Following Traffic Stop
Earlier this month, a state appellate court issued a written opinion in a New York gun case, reversing a lower court that found the defendant’s motion to suppress lacked merit. In holding that the defendant’s motion should have been granted, the appellate court explained that the defendant’s conduct failed to…
Can a New York Police Officer Assume the Person Driving a Car Is the Registered Owner?
Earlier this month, the United States Supreme court issued a written opinion in a criminal law case discussing an issue that will become very important in many New York drug possession and firearms cases. The case involved the question as to whether a police officer can reasonably assume that the…
New York Court Finds Inexperienced Officer Lacked a “Founded Suspicion” to Stop, Question, and Search Defendant
Last month, a state appellate court issued a written opinion in a New York gun possession case discussing whether the arresting officer had a “founded suspicion” that there was criminal activity afoot. Ultimately, the court held that the defendant’s motion to suppress the firearm that was found on him should…
Supreme Court Issues Opinion Impacting New York Defendants with Prior Drug Convictions
As we reported in February, the Supreme Court heard argument on a drug case that will likely have significant consequences for many facing New York gun charges. Now, the United States Supreme Court issued a written opinion in the case. Specifically, the case required the Court to interpret the provision…
Court Discusses New York Automobile Exception to the Search Warrant Requirement
Earlier this month, a state appellate court issued a written opinion in a New York gun case discussing the automobile exception to the search warrant requirement. Generally, law enforcement must obtain a search warrant that is supported by probable cause before they can conduct a search. However, over the years,…
New York State Troopers Asked To Resume Normal Traffic Enforcement
New York Traffic lawyers have experienced first hand the empty roads and the opportunity to speed and we have seen a decrease in the number of calls from ticketed drivers. Sadly, it appears that the proverbial party is over. During the month of April, the number of traffic tickets issued…
New York Self Defense Law – I Used my Lawfully Possessed Weapon What Do I Do Now?
New York Self-Defense laws give a person broad authority to use physical force and even deadly physical force to defend themselves and to defend others from attack. Article 35 of the New York Penal Law creates a defense to even the most serious criminal charges such as murder, attempted murder,…
Navigating New York Criminal Courts in a Covid-19 World
There is no doubt that the Corona Virus Pandemic has disrupted every aspect of New York life. This is especially true for New York lawyers practicing in New York Criminal Courts. With New York Courts closed except for essential matters, New York criminal lawyers and their clients find themselves having…
New York Appellate Court Reversed Trial Courts Denial of Defendant’s Motion to Suppress
Earlier this month, a state appellate court issued a written opinion in a New York drug possession case discussing the defendant’s motion to suppress. Specifically, the defendant appealed the lower court’s denial of his motion to suppress arguing that the arresting officer’s pat-frisk of the defendant was illegal. Without answering…