IN THE NEWS Category Archives — Page 12 of 17 — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

Criminal Defense Attorney Peter Tilem on Bronx Legal Tonight!

December 15, 2009 | Tilem & Associates

Criminal Defense lawyer Peter Tilem will appear on Bronx Legal tonight at 6:30 pm. The topic of discussion tonight will include New York gun laws, the Plaxico Burress gun arrest and other New York weapons offenses. The video of tonight’s show for those who do not live in the Bronx will be posted on the Tilem & Campbell youtube channel and on tilemandcampbell.com as soon as the video is available.

Tilem & Campbell maintains a media page that contains all of the video’s of television appearances by partner’s Peter Tilem and Peter Tilem. Senior partner Peter Tilem worked as a prosecutor in the Firearms Trafficking Unit of the Manhattan District Attorney’s Office and has both prosecuted and defended hundreds of cases involving illegal possession of weapons in New York.

NEW YORK POST PRINTS FULL PAGE ARTICLE ON BUS MATRON CASE DISMISSAL

December 11, 2009 | Tilem & Associates

The New York Post printed a full page article yesterday on the dismissal of the bus matron case that was defended by New York criminal defense firm Tilem & Campbell. As explained in our last blog the case involved a school bus matron charged in Brooklyn Criminal Court with failing to assist and taunting an autistic boy as he banged his head against a school bus window in Brooklyn.

Kings County Criminal Court Judge Gilbert Hong dismissed all charges against the bus matron earlier this week after criminal defense lawyers Peter Tilem and Peter Tilem argued that the Brooklyn District Attorney’s Office had violated the bus matron’s speedy trial rights during the three and a half years that the case was pending.

Tilem & Campbell had this case effectively dismissed back in 2006 after another Brooklyn Criminal Court Judge suppressed the tape recordings as illegal wiretap evidence but the Appellate Term of the Supreme Court reversed and the case was eventually scheduled for trial. The Brooklyn DA’s office then failed to be ready for trial on four different occasions in Court leading to the dismissal, this week. Contact Tilem & Campbell for more information or for a free consultation on any criminal case.

NEW YORK CRIMINAL DEFENSE FIRM SCORES MAJOR VICTORY IN BROOKLYN

December 9, 2009 | Tilem & Associates

New York Criminal Defense firm, Tilem & Campbell scored a complete dismissal on all charges in a hard fought Endangering the Welfare of a Child case in Brooklyn, earlier today. The case involved a former school bus matron who was charged with standing by and taunting a young autistic boy as he banged his head on a school bus window. The case received national attention and spurned two changes in New York State law. The case was dismissed because the Kings County District Attorney’s Office violated the bus matron’s New York State speedy trial rights.

The case against the bus matron was brought in Brooklyn Criminal Court in April 2006 and was based upon an incident on a school bus that was alleged to have occurred in September 2005. The case was struck a fatal blow in July of 2006 when Kings County Criminal Court Judge Ruth Smith ruled that an audiotape that was secretly placed in the boys backpack and which recorded the events on the bus amounted to an illegal wiretap under New York law and suppressed the use of the recording. After the Kings County District Attorney’s Office said they could not prove the case without the recording the District Attorney’s Office appealed Judge Smith’s ruling.

A panel of the Appellate Term of Supreme Court overturned Judge Smith’s ruling in January 2008 and Tilem & Campbell appealed to the New York Court of Appeals, New York State’s highest court. After the Court of Appeals refused to hear the case, the case was returned to Brooklyn Criminal Court and after some additional motion practice was set down for trial.

NEW YORK CRIMINAL ATTORNEY BLOG WINS TOP CRIMINAL LAW BLOG

December 8, 2009 | Tilem & Associates

New York Criminal Defense Firm Tilem & Campbell is very happy to announce that its New York Criminal Attorney Blog has been awarded the honor of “Top Criminal Law Blog” by Attorney.org. The award, which is prominently displayed on the blog, is a recognition of the hard work partners Peter Tilem and Peter Tilem devote to writing on topics of interest to the public.

Since starting the blog in February 2008, Peter Tilem and Peter Tilem have worked tirelessly to educate the public about relevant and interesting New York criminal law topics. The blog has more than 170 entries to date and is updated, on average, at least twice per week. The popularity of the blog speaks for itself drawing more than 3000 visitors every month.

New York Defense Lawyer Peter Tilem Quoted by the Associated Press on Brooke Astor Story

December 7, 2009 | Tilem & Associates

Tilem & Campbell senior partner, Peter Tilem was quoted by the Associated Press over the weekend in an article about Brooke Astor’s son, Anthony Marshall. Marshall was convicted on October 8, 2009 of several counts including Grand Larceny in the First Degree for looting his mother’s estate. Grand Larceny in the First Degree carries a mandatory minimum of one to three years in state prison and last Friday, Marshall’s attorneys filed a Clayton motion seeking to dismiss the Grand Larceny in the First Degree charge so that Mr. Marshall could avoid a prison sentence.

Mr. Tilem, who is familiar with the Clayton Motion also called a Motion to Dismiss in the Interest of Justice was interviewed for the article and was quoted. As discussed in our previous blog, on the subject, a Judge must consider 10 factors which are listed in the New York Criminal Procedure Law when considering a Motion to Dismiss in the Interest of Justice. Mr. Tilem raised a concern about one the factors in the Astor case. The statute asks a judge to examine the impact that dismissal would have on the confidence of the public in the criminal justice system. Mr. Tilem raised the concern that because of the wealth and notoriety of Mr. Marshall a dismissal, especially at this post trial stage of the case, would make it appear that Mr. Marshall was treated differently than others with less money or fame.

For more information about a New York Motion to Dismiss in the Interest of Justice contact Tilem & Campbell.

New York Criminal Defense Lawyer Peter Tilem Quoted by the Associated Press on Brooke Astor case

December 7, 2009 | Jasmine Hernandez

Tilem & Associates senior partner, Peter Tilem was quoted by the Associated Press over the weekend in an article about Brooke Astor’s son, Anthony Marshall. Marshall was convicted on October 8, 2009 of several counts including Grand Larceny in the First Degree for looting his mother’s estate. Grand Larceny in the First Degree carries a mandatory minimum of one to three years in state prison and last Friday, Marshall’s attorneys filed a Clayton motion seeking to dismiss the Grand Larceny in the First Degree charge so that Mr. Marshall could avoid a prison sentence.

Mr. Tilem, who is familiar with the Clayton Motion also called a Motion to Dismiss in the Interest of Justice was interviewed for the article and was quoted. As discussed in our previous blog, on the subject, a Judge must consider 10 factors which are listed in the New York Criminal Procedure Law when considering a Motion to Dismiss in the Interest of Justice. Mr. Tilem raised a concern about one the factors in the Astor case. The statute asks a judge to examine the impact that dismissal would have on the confidence of the public in the criminal justice system. Mr. Tilem raised the concern that because of the wealth and notoriety of Mr. Marshall a dismissal, especially at this post trial stage of the case, would make it appear that Mr. Marshall was treated differently than others with less money or fame.

GOOGLE LAUNCHES NEW LEGAL RESEARCH WEBSITE

December 2, 2009 | Jasmine Hernandez

New York criminal defense firm Tilem & Campbell announces that Google has recently launched a new site entitled Google Scholar which can be used for legal research by legal professionals and non-lawyers. The Site allows searches for articles and full text legal opinions for free. Opinions from both State and Federal Courts can be searched. Although the site is a wonderful resource it does have its limitations and is not expected to replace Lexis or Westlaw which are the two main paid legal research sites.

One of the chief limitations, is the lack of any type of citator. The question any lawyer asks when they find a case that they wish to use as a legal precedent is whether the case is still “good law”. In other words has this case been overruled by a subsequent Court decision, a higher Court decision or a subsequent statute. Paid research sites allow a lawyer to check the status of the case with just a few clicks. Google Scholar lacks such a citator.

The service, however, does give both the general public and lawyers alike a free, first glance at the law. Google Scholar appears to be a breakthrough in making our laws accessible to the general public in a free, accessible and searchable way. Members of the general public should be aware, however, that a little legal knowledge can be dangerous and are well advised to check other resources such as this blog and to consult with a lawyer for any legal issue.

NEW YORK ELECTRONIC TICKETS RULED ILLEGAL BY ONEONTA COURT

November 28, 2009 | Jasmine Hernandez

Those drivers who receive the new E-Tickets that police officers and New York State Troopers conveniently print from their police cars should take note that one judge is Oneonta has ruled that the tickets are not legal and recently dismissed an Aggravated DWI case as a result. Ruling in the case of People v. Nathaniel White, City Court Judge Lucy Bernier ruled that the actions of the police officers in entering the data into the computer are indistinguishable from mere word processing and therefore the tickets are not affirmed or sworn under penalty of perjury as required by law.

The White ruling conflicts with a 2005 ruling by a City Court judge in Rochester that described the process of filling out the electronic ticket troubling but found that the tickets were ultimately legal. In the Rochester case, the City Court Judge found that the supporting deposition which was signed rescued the defective traffic ticket. The White ruling however, is both lengthy and well reasoned and will likely be appealed. In the interim, New York Traffic Court lawyers and New York DUI attorneys will continue to fight this issue.

If you or any family member has been charged in New York with any DWI, Speeding ticket or other traffic infraction or traffic misdemeanor investigate your rights. Contact one our experienced attorneys for a free over-the-phone consultation.

NEW YORK TEXTING WHILE DRIVING LAW GOES INTO EFFECT TOMORROW NOVEMBER 1, 2009

October 31, 2009 | Jasmine Hernandez

Starting November 1, 2009, New York drivers will have another good reason not to text while driving, it will become illegal, a traffic infraction under New York Law. New York’s new texting while driving law is going into effect Sunday and there is little doubt that police and other law enforcement officers will be looking for those who are texting while driving. The new law is subject to secondary enforcement which simply means that a motorist must commit and be stopped for another offense such as speeding, passing a red light, turn signal violation or a similar moving violation before they can be ticketed for texting while driving.

The New York texting while driving law carries no points but a fine of up to $150 can be imposed on first time violators. A recent study found that a driver who was texting while driving was 23 times more likely to be involved in accident than a driver who is not texting. While the law seems like a good idea, as I discussed on my recent television appearance on “Bronx Legal”, the law seems like it is hard to enforce and hard to prove. Police cannot seize your phone and search it for recent texts without a search warrant. In addition, existing laws permit one to dial a telephone as long as a hands free device is attached. It seems that unless the motorist admits that he is texting, it would be very difficult to prove that a motorist is texting as opposed to dialing.

Anyone who receives a ticket under New York’s new texting while driving law or for any other New York traffic violation should seek the advice of an experienced traffic court attorney.

NEW YORK DEFENSE ATTORNEY PETER TILEM WILL APPEAR ON BRONX LEGAL TONIGHT

October 20, 2009 | Tilem & Associates

New York defense lawyer Peter H. Tilem will appear on a television show called Bronx Legal tonight at 6:30 pm. The topic of the show tonight is New York’s new Texting While Driving law and other common New York traffic violations. Although the television show will only air in the Bronx, it will be available in several days on the internet both at Bronxnet.org and at the Tilem & Campbell media page.

Peter Tilem is the senior partner at the White Plains based law firm, Tilem & Campbell. The firm handles a wide variety of criminal defense matters throughout the New York metropolitan area and handles traffic violations throughout New York State. Tilem & Campbell operate the website site DRSUMMONS.COM.