In another stunning victory for Westchester County based DWI attorney Peter Tilem, a Yates County man had his conviction reversed on appeal because the Trial Judge allowed his own mother-in-law to sit on the jury. In a December 20th Decision, Acting Yates County Court Judge Dennis Bender reversed Richard Regan’s…
As a New York criminal defense lawyer that handles an inordinate number of gun related cases, I hear a large number of stories about the interaction between the police and law abiding gun owners. After more than 20 years, however, very few cases shock me. What happened after a Westchester…
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…
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…
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…
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…
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…
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…
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…
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…