In what appears to be a stunning assault on first amendment rights, a proponent of a concept called “jury nullification” has been indicted in New York for charges relating to jury tampering. Jury nullification, a term familiar to most experienced criminal lawyers refers to a controversial legal principle in which…
New York Criminal Attorney Blog
A RECENT COURT DECISION COULD HAVE A MAJOR IMPACT ON GUN AND WEAPON CHARGES IN NEW YORK CITY
A recent Appellate Court decision overturning a Nassau County gun law could have far reaching implications for New York City gun charges and New York City weapons offenses. As previously discussed in a prior blog, New York City bans many items which are legal in other parts of New York…
DRIVER CHARGED WITH SPEEDING IN NEW YORK CITY NOT ENTITLED TO DISCOVERY OF DOCUMENTS PERTAINING TO THE OPERATING PROCEDURES AND TESTING OF THE RADAR UNIT USED TO MEASURE DRIVER’S SPEED
If you are issued a speeding ticket in New York City, your case is not handled in a criminal court (as it would be if were issued a speeding ticket in Westchester County). Instead, your case will be heard by the Traffic Violations Bureau of the Department of Motor Vehicles…
NEW YORK CELL PHONE LAW JUST GOT TOUGHER
A new rule that went into effect this past Wednesday, elevated the penalties for Talking on a cell phone while driving VTL 1225 c(2). The new law raises the maximum fine to $150 but also imposes 2 points on a motorist’s driving record. The points can result in higher insurance…
NEW YORK STATE OFFICE OF CHILDREN AND FAMILIES SETTLES FEDERAL LAWSUIT AFTER SIX YEARS
At Tilem & Campbell, our lawyers are used to taking on Child Protective Services and the maddening delays and confusion associated with the State Child Abuse Registry. A federal lawsuit filed in 2004 and just settled, challenged the Office of Children and Families for delaying fair hearings usually over a…
Tilem & Campbell Scores Huge Win In Queens Supreme Court, Acquittal on All Charges in Attempted Rape Case
Tilem & Campbell senior partner, Peter H. Tilem won a huge Court victory after his client was found not-guilty of all charges in connection with an Attempted Rape in the First Degree case stemming from a 2008 incident in Queens. The client had been facing up to 15 years in…
A DEFENDANT NEED NOT WAIT TO BE ARRAIGNED ON A TRAFFIC TICKET BEFORE HE CAN RIGHTFULLY REQUEST A SUPPORTING DEPOSITION. HE MAY REQUEST A SUPPORTING DEPOSITION WHEN “CHARGED.” [People v. Tyler, 1 NY3d 493]
At Tilem & Campbell we handle traffic tickets throughout New York State. Knowing the rules helps us obtain the best results for our clients. In New York, when a defendant is charged in a criminal court with a traffic infraction such as speeding, he is entitled to a supporting deposition…
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…
WILL THE POLICE TAKE YOUR FINGERPRINTS IF YOU ARE ARRESTED?
New York State law requires, with some limited exceptions, that the police take one’s fingerprints when one 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 if the misdemeanor would be…
WHAT IS AN APPEARANCE TICKET? [NY CPL 150.10]
In New York, often an individual will be issued an appearance ticket by the police. Many times appearance tickets are issued for offenses such as marihuana possession, aggravated unlicensed operator and driving while intoxicated. Experienced criminal attorneys know that getting a client an appearance ticket, also called a “Desk Appearance…