In March 2010, Tilem & Campbell senior partner Peter H. Tilem took a passing a steady red light summons to trial in Ardsley Village Court here in Westchester County. The offense was videotaped by the video camera behind the patrol car’s rear view mirror. Yesterday, Ardsley Village Justice Walter Schwartz…
Many times police will encounter a vehicle with someone sleeping in the driver’s seat. This often leads to arrests for DWI related charges. The issue in such a situation is whether the police may approach that vehicle, awaken the driver and thereafter ask the driver to exit the vehicle. As…
In New York, a stop of a vehicle on a public roadway is a seizure and must be based upon reasonable suspicion of criminal activity or a violation of the Vehicle and Traffic Law. People v. Ingle, 36 N.Y.2d 413, 369 N.Y.S.2d 67 (1975). Many times, a vehicle stop is…
The number one concern of parents/guardians who find out they are the subject of a child protective services (CPS) abuse and/or maltreatment (neglect) investigation is whether CPS can remove their children from their home. To summarize, as I wrote in my previous blog, your child can be taken without a…
Our firm represents many parents and guardians who are the subject of child abuse and/or maltreatment (neglect) investigations throughout New York City, Westchester, Rockland, Dutchess, Putnam and other downstate counties. The first question almost everyone who is the subject of such an investigation asks is: “Can they take my kids?”…
Generally, our medical records and our children’s medical records are private and our medical providers may not them. (See NY CPLR 4504(a)). This “privacy” or privilege from disclosure is based upon what is referred to as the “doctor-patient” privilege. However, in New York, when a mandated reporter makes a report…
New York criminal defense law firm Tilem & Campbell has noticed an increase in the number of client’s charged in New York City with Reckless Driving under Vehicle & Traffic Law 1212. Reckless Driving is a serious offense in that unlike most traffic offenses, it is a misdemeanor, punishable by…
New York criminal defense law firm Tilem & Campbell scored a major victory in another New York gun case, this one involving a loaded pistol at LaGuardia Airport. The client, was arrested in LaGuardia airport after he attempted to check a loaded pistol in at the airline ticket counter. The…
In addition to the mandatory reporters I previously discussed, the Social Services Law specifically authorizes “any person” to make a report of suspected abuse or maltreatment when they have reasonable cause to believe a child is the victim of abuse or maltreatment. (Soc. Ser. Law § 414). While seemingly supported…
In an effort to identify those children who might be the victim of abuse or neglect, certain individuals who are in a position to observe signs of abuse and/or neglect are required by law to make a report when they have reasonable cause to suspect that a child coming before…