This time in a Federal Gun Case involving the Interstate Transportation of Firearms, the New York criminal defense law firm of Tilem & Campbell scored another huge victory when Federal District Judge Stephen Robinson refused to sentence Tilem & Campbell’s client to prison. Instead, the defendant was sentenced to two…
New York Criminal Attorney Blog
NEW YORK CRIMINAL LAWYERS Peter Tilem AND John Campbell ON THE RADIO
New York Criminal Defense Attorney’s Peter Tilem and John Campbell spent the morning,yesterday, on The Pulse 87.7 FM talking about criminal law and answering listeners’ questions. Peter Tilem and John Campbell were on the Star and Buc Wild morning show during the 8:00 am hour and ended up staying until…
NEW YORK HAS NO STATUTORY SPEEDY TRIAL RIGHT FOR TRAFFIC INFRACTIONS.
The simple fact is, a motorist charged with a New York traffic violation has no statutory right to a speedy trial. The denial of a statutory right to a speedy trial in a New York traffic violation case is yet another example of the New York Judiciary completely disregarding the…
WHITE PLAINS CITY COURT IN THE SPOTLIGHT
The City Court of White Plains is a busy Court located in the heart of downtown White Plains. The White Plains Court handles Landlord – Tenant cases, speeding tickets and traffic violations, small claims cases, Civil Suits with a monetary claim up to $15,000, criminal cases including both misdemeanor cases…
ARE CERTAIN PEOPLE EXEMPT OR DISQUALIFIED FROM JURY DUTY IN NEW YORK STATE?
There are generally no classifications of people who are exempt or disqualified from jury duty in New York State. However, in order to be initially selected for the jury pool in your county, you must be a citizen of the United States as well as a resident of the particular…
NEW YORK STATE LAW ENFORCEMENT OFFICIALS ANNOUNCE ANTI-DWI CAMPAIGN UNTIL LABOR DAY
New York State law enforcement officials announced this week a new campaign to crack down on Driving While Intoxicated or Impaired on New York State roads. The campaign coincides with the national “Drunk Driving. Over the Limit. Under Arrest,”campaign which is scheduled to last until September 2, 2008. The program…
WHY IS THE TROOPER OR OFFICER WHO ISSUED YOUR NEW YORK TRAFFIC TICKET ALSO PROSECUTING IT? PART IV – UNDER THE DOCTRINE OF “INCLUSIO UNIUS EST EXCLUSIO ALTERIUS”, THE LEGISLATURE’S SPECIFIC INCLUSION OF SOME NON-ATTORNEYS WHO MAY ACT AS AN ATTORN
Another compelling reason not to allow the issuing officer to also act as the prosecutor in a New York traffic violation case is supported by the Latin maxim “inclusio unius est exclusio alterius”. What this Latin Maxim means is that where a law expressly describes a situation where it applies,…
WHY IS THE TROOPER OR OFFICER WHO ISSUED YOUR NEW YORK STATE TRAFFIC TICKET ALSO PROSECUTING IT? PART III – A BRIEF OVERVIEW OF THE THREE BRANCHES OF NEW YORK STATE GOVERNMENT AND THEIR RESPECTIVE ROLES
The simple fact is, the practice of the issuing officer prosecuting their own New York traffic tickets is allowed only because of an outright Judicial hijacking by the court’s of the State Legislature’s power. Generally, the New York State Constitution establishes that the Legislative Branch (consisting of the New York…
WHY IS THE TROOPER OR OFFICER WHO ISSUED YOUR NEW YORK TRAFFIC TICKET ALSO PROSECUTING IT? PART II – THE “WITNESS ADVOCATE RULE”
As I explained in a previous blog, the practice of officers prosecuting the New York traffic tickets they issue was upheld by the New York Court of Appeals case; People v. Soddano. Soddano and it’s holding that officers may act as prosecutors for their tickets is flawed for several glaring…
NEW YORK TRAFFIC VIOLATIONS – WHY IS THE TROOPER OR OFFICER WHO ISSUED YOUR TRAFFIC TICKET ALSO PROSECUTING IT? PART I – DELEGATION OF AUTHORITY
The answer to this question is fairly simple; when it comes to New York traffic violations, the Courts of New York State have allowed deeply rooted judicial principles founded on fairness to be disregarded. As I said in a previous blog, far too many judges have no apparent concept of…