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New York Criminal Attorney Blog

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IT IS CONSTITUTIONALLY PERMISSIBLE FOR NEW YORK STATE TO TRANSFER THE ADJUDICATION OF TRAFFIC INFRACTIONS TO AN ADMINISTRATIVE AGENCY WHICH UTILIZES THE “CLEAR AND CONVINCING EVIDENCE” STANDARD OF PROOF INSTEAD OF THE HIGHER “BEYOND A REASONABLE DOU

In New York State, prior to 1969, all traffic tickets were handled in the criminal court for the particular jurisdiction where the traffic infraction (speeding, stop sign, red light, etc) allegedly occurred. In 1969, the New York State Legislature enacted Article 2-A of the Vehicle and Traffic Law, which authorized…

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IN NEW YORK, THE PROSECUTION IS REQUIRED TO MAKE AN “ADEQUATE” OPENING STATEMENT WHICH DELINEATES THE PARTICULAR OFFENSES CHARGED AND HOW THEY WILL BE PROVEN. IF THE PROSECUTION FAILS TO MAKE AN “ADEQUATE” OPENING STATEMENT – THEY GET A “DO O

At Tilem & Campbell our lawyers have the trial experience to take cases to trial when plea bargaining proves to be non-productive. Criminal defense lawyers need not make an opening statement at trial. However, in a New York State criminal trial, the prosecution “must deliver an opening address to the…

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ONLY THE PROSECUTOR CAN PLEA BARGAIN TRAFFIC VIOLATIONS. JUDGES THAT TRY TO INFLUENCE OTHER JUDGES ON TRAFFIC TICKETS OR REDUCE TRAFFIC TICKETS WITHOUT THE CONSENT OF THE PROSECUTOR CAN BE REMOVED FROM THEIR POSITION AS A JUDGE. [Matter of Reedy, 64 N.Y

In New York, unless your traffic ticket is returnable to the Traffic Violations Bureau, you will most likely be offered a chance for you or your traffic court attorney to conference your ticket with the prosecutor. At this conference the prosecutor usually offers to reduce the charge to something with…

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FINGERPRINTING OF A DEFENDANT WHOSE COURT ATTENDANCE HAS BEEN SECURED BY THE ISSUANCE AND SERVICE OF A SUMMONS BASED UPON AN INFORMATION OR MISDEMEANOR COMPLAINT FILED BY A COMPLAINANT WHO IS NOT A POLICE OFFICER IS DISCRETIONARY. [CPL 130.60]

As explained in a prior blog, New York State law requires, with some limited exceptions, that an individual be fingerprinted when he is arrested for (1) a felony; (2) a misdemeanor defined in the New York State Penal Law; (3) a misdemeanor defined outside the New York State Penal Law…

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FEDERAL JUDGE FINDS NASSAU COUNTY VIOLATED DUE PROCESS RIGHT WHEN SEIZING MAN’S RIFLES AND SHOTGUNS

A federal judge ruled that Nassau County violated a gun owners due process rights when the Nassau county police seized his handgun, rifles and shotguns after a complaint from Congresswoman Carolyn Maloney’s office that the man had harassed them. The next day police showed up at his home and seized…

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