In New York, where a police officer issues a defendant an appearance ticket for a crime such as Reckless Driving or Possession of Marihuana directing that defendant is to appear in a local criminal court on a future date, the police officer is supposed to file, or cause to be…
In New York, a police officer can issue a defendant an appearance ticket also referred to as a “Desk Appearance Ticket” or “DAT” instead of formally arresting that defendant where the charge is a non-criminal offense, a misdemeanor or most E felonies. CPL 150.20(1). Before the defendant appears in court…
In New York, in cases involving non-criminal offenses (violations), misdemeanors and most E felonies, instead of formally arresting the defendant, the police can issue that defendant an appearance ticket directing him to appear in a designated local criminal court on a designated date and at a designated time. [See NY…
New York VTL §600 requires that anyone operating a vehicle who is involved in an incident involving that vehicle that knows or has reason to know that damage was caused to property or injury was caused to a person to stop and exhibit their information at the scene of the…
New York criminal law firm Tilem & Campbell has just added a new Leaving the Scene of an Accident page to its already extensive website. Leaving the Scene on an Incident (as its called in New York Vehicle & Traffic Law §600) cases in New York can be among the…
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…
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…
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…
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…
Tilem & Campbell senior partner Peter H. Tilem was quoted in today’s New York Times in the article about the Federal Investigation into the tragic bus crash that killed 15 people over the weekend. There has been much speculation about whether or not the driver will be charged with a…