As we have discussed often in this blog, suppression of evidence can often be the best avenue of an attack for an experienced criminal attorney. New York Courts have consistently held that one’s flight from the police, absent additional conduct creating a reasonable suspicion that a crime has been, is…
In New York, one is guilty of criminal possession of marihuana in the fourth degree when they knowingly and unlawfully possess one or more preparations, mixtures, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate (total) weight of more than two ounces.…
In New York, it is illegal to possess marijuana (spelled marihuana in the New York State Penal Law) in a public place while it is either, burning or open to public view. The charge is Criminal Possession of Marihuana in the Fifth Degree – a Class B misdemeanor. [NY Penal…
Having an experienced New York drug attorney is essential to getting the best possible outcome for your drug charge. Experienced criminal defense lawyers that know how to fight drug cases know that there are substantial differences in the way Marijuana cases are treated (spelled Marihuana in the the New York…
Possession of 25 grams or less of marihuana in New York is generally not a criminal offense. [PL 221.05]. Therefore, simple possession of an unlit “joint” or a “nickel or dime” bag in New York is generally only charged as the violation – Unlawful Possession of Marihuana. One can be…
In New York, no person shall operate a motor vehicle while their ability to operate such motor vehicle is impaired by the consumption of alcohol. [VTL 1192(1)]. Unlike Driving While Intoxicated [VTL 1192(2), (3)], Driving While Ability Impaired (DWAI) in New York is not a criminal offense but instead is…
As experienced criminal defense lawyers we are all too familiar with New York’s onerous Sex Offender Registration Act (SORA). SORA requires the registration of individuals convicted in New York State of certain sex offenses and demonstrates what could happen when inexperienced defense attorneys fail to inform their clients of all…
New York Criminal defense lawyers Peter Tilem & Peter Tilem continue their radio show entitled “Law Talk” tonight at 8 pm on the Centanni Broadcasting Network. Tonight’s topic is “Everything You Wanted To Know About the Prostitution Business (but were afraid to ask)” The show should be very interesting and…
Under New York’s tough new Ignition Interlock Device Program, those convicted of Driving While Intoxicated per se under VTL 1192(2); Common Law Driving While Intoxicated under VTL 1192(3); Aggravated Driving While Intoxicated under VTL 1192(2-a) or any crime found in the Vehicle and Traffic Law or the Penal Law of…
New York DWI lawyers are now forced to counsel their clients on the new penalties attached to DWI convictions in New York. On November 18, 2009, New York enacted the Ignition Interlock Device Program. Pursuant to this law, effective August 15, 2010, one who was arrested in New York on…