IN THE NEWS Category Archives — Page 15 of 17 — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

NEW YORK SENATE GOVERNOR AND ASSEMBLY REACH DEAL ON REPEALING ROCKEFELLER DRUG LAWS

March 28, 2009 | Jasmine Hernandez

New York criminal defense lawyers, especially those that handle New York State drug cases, are monitoring an agreement just announced between the New York Senate, Assembly and Governor to repeal the Rockefeller Drug Laws. Details are not fully available but the legislation is expected to substantially reduce and in some cases eliminate mandatory minimums for New York Drug cases, give judges options of treatment instead of sentences of incarceration and give judges the ability to dismiss all charges and seal the arrest records of offenders who complete drug treatment.

While the bill, once passed is likely to have far reaching effects on New York drug cases, the legislation will not have any effect on the draconian, federal mandatory minimums that Tilem & Campbell is currently challenging in Federal Court. The bill will likely provide some relief to the many people serving lengthy state sentences under the old law.

The laws have not been passed yet but with agreement by all the major players, the bills should be passed quickly and will likely take effect soon. Tilem & Campbell will continue to monitor this important legislation and pass on updates as the become available. If you have any questions contact us at 888-ANY-CRIME or visit us on the web at 888anycrime.com

New York Prostitution Enforcement Down

March 27, 2009 | Jasmine Hernandez

New York Prostitution lawyers are watching a development reported in today’s New York Post which reflects a steep decrease in enforcement of prostitution and other vice offenses by the NYPD. The Post is reporting that the NYPD shut down its enforcement of Prostitution on craigslist as long as 3 years ago. The Post is also reporting that other vice operations have been shut down or slowed down because of increased oversight.

Craigslist has a large number of ads catering to adult entertainment. Many of the craigslist ads are for escorts. Escorts are women (or men) who agree to spend time with a person for a fee. While this practice is legal if sex is exchanged it can violate state or federal prostitution laws.

Criminal lawyers Peter Tilem and Peter Tilem operate a website escortattorney.com which caters to the escort industry and represents, customers, escorts and escort agencies. Tilem & Campbell will continue to monitor these developments as they have a substantial impact on many Tilem & Campbell client’s

NEW YORK’S ROCKEFELLER DRUG LAWS MAY SOON END

March 9, 2009 | Jasmine Hernandez

New York criminal defense firm Tilem & Campbell is pleased to report that after years of fierce opposition to New York’s draconian “Rockefeller” drug laws, and after some amendments, passed in 2004, did away with some of the harshest sentences, it now appears that much of the remnants of the Rockefeller Drug laws are going to be repealed. Last week by a more that 2-1 margin, the New York State Assembly passed a bill which would repeal additional provisions of the Rockefeller Drug Laws and which would give Judge’s greater discretion in sentencing drug-offenders to non-jail, treatment programs. These provisions can have a substantial effect on New York Drug cases.

Governor Patterson has already signaled his approval of amending the Rockefeller Drug Laws and with democrats in control of the New York State Senate, it seems that some significant change in New York State Drug laws is all but certain.

As an experienced criminal defense lawyer I have handled numerous drug cases. In addition, as a former prosecutor I have handled hundreds if not thousands of drug cases. In my vast experience, rarely do I see major traffickers getting arrested and often see low level dealers or users get sentenced to many years in prison. What I find surprising is that often then prosecutor, and judge agree that the sentence is to severe but under the law, often the judges and prosecutors are powerless to reduce the sentence.

New York Criminal Defense Law Firm Tilem & Campbell Announces the Launch of a New Media Page

February 26, 2009 | Tilem & Associates

In our continuing effort to educate the public about important criminal issues and to keep our clients, friends and the public better informed about the cases Tilem & Campbell is involved with, we are pleased to announce the launch of our new “Media Page“. The page can be accessed by either one of two methods from our Home Page; either by clicking on any of the video icons along the left hand side of the home page or by pulling down the the “About Us” drop down menu along the top of the Home Page and clicking “Media”.

This page will be updated frequently and will contain all television appearances by any of the lawyers at Tilem & Campbell and perhaps in the future print media as well.

If you have any questions or comments, or would like to schedule a free consultation on any criminal law issue, please contact us by E-Mail or telephone at 877-377-8666.

NEW YORK CRIMINAL LAWYER PETER TILEM ADMITTED AS A MEMBER OF THE BAR OF THE UNITED STATES SUPREME COURT

January 23, 2009 | Tilem & Associates

New York criminal lawyer Peter H. Tilem has been admitted to practice before the United States Supreme Court, effective January 12, 2009. Having been recommended for admission by two current members of the bar of the US Supreme Court the motion for Mr. Tilem’s admission was granted and his admission has taken effect.

The admission of Mr. Tilem to this prestigious bar will enhance the appellate practice of Tilem & Campbell and will give it the ability to challenge cases already in the United States Court of Appeals at the United States Supreme Court level, without seeking outside counsel. Tilem & Campbell has several criminal appeals pending in the United States Court of Appeals for the Second Circuit and is currently challenging the mandatory minimums applicable to crack cocaine cases in federal courts.

TRAFFIC ENFORCEMENT ON THE INCREASE

January 5, 2009 | Jasmine Hernandez

A January 1, 2009 article on MSN.com confirms what many New Yorkers have already found out the hard way; that enforcement of traffic laws is on the increase in large part to raise money for state and local government.

The article confirmed some disturbing trends already observed by the New York traffic court attorneys here at Tilem & Campbell. That much of traffic enforcement is motivated by the desire of government to raise revenue but is also urged by insurance companies eager to raise revenues by increasing premiums on drivers who are convicted of routine traffic offenses.

New York is mentioned in the article because of the recent announcement that New York City will hire 200 additional traffic enforcement agents but the article suggest the national nature of this trend by citing examples from Massachusetts, Colorado, Detroit and Arizona, to name a few places.

New York Times Reports Sharp Increase in Shoplifting Arrests

December 23, 2008 | Jasmine Hernandez

On the front page of today’s New York Times, the Times is reporting a sharp increase in shoplifting and shoplifting arrests across the Country. Citing several factors including the weak economy the Times is reporting that shoplifting arrests are up ten to twenty percent over last year.

At the New York criminal defense firm, Tilem & Campbell we have also seen the increase in New York shoplifting cases through telephone inquiries to the firm, cases on which the firm has been retained, and cases we see in Court. Here in White Plains, New York, home to several shopping malls, the increase is clearly visible in the cases that the White Plains Court is handling.

It is important to remember that shoplifting in New York can result in several criminal charges including Petite Larceny and Criminal Possession of Stolen Property in the Fifth Degree both class “A” misdemeanors punishable by up to one year in jail. If the property stolen retails for more than $1000 the charges can be Grand Larceny and Criminal Possession of Stolen Property In the Fourth Degree, both felonies punishable by up to four years in prison.

New York Criminal Defense Team on the Pulse 87.7 FM

October 17, 2008 | Tilem & Associates

New York Criminal Defense Lawyers Peter Tilem and Peter Tilem appeared on the Star and Buc Wild Morning Show yesterday morning and sat in on the show from 8 am until 10 am. The Star and Buc Wild Show, which is featured on the Pulse 87.7 FM, has hosted the pair in the past and had them back yesterday to talk about criminal law and particularly drug crimes, gun crimes, traffic violations, traffic misdemeanors, and DWIs.

Many callers called in to ask their legal questions and many more who could not get through on the radio station phones called Tilem & Campbell at 888-ANY-CRIME to speak to the lawyers. “We even got a call from an NYPD Narcotics Detective who called in to talk about cooperating with the police,” according to Peter Tilem.

Although the Star and Buc Wild Show is no longer on the Pulse, Peter Tilem and Peter Tilem have been asked back to appear on the Pulse in the near future.

New Tork Traffic Ticket Lawyers Tilem & Campbell Announce New Web Page

October 8, 2008 | Tilem & Associates

New York Traffic Ticket Lawyers, Tilem & Campbell are please to announce the posting of their newest web paging entitled “New York City Traffic Tickets“. The page is designed to be a primer of the practices of the New York Traffic Violation Bureau Courts (TVB) that operate in New York City, Rochester, Buffalo and parts of Suffolk County. If you receive a traffic summons in Brooklyn, Bronx, Queens, Manhattan or Staten Island in New York City it will be returnable to the Department of Motor Vehicles and be adjudicated in a TVB. The New York City Traffic Ticket page will educate you about the practices and procedures of these administrative courts.

The page is broken up by heading with topics such as “The Hearing”, “Entering Your Plea” and “The Rules of Evidence at the Hearing” and more and therefore should be a simple reference for any questions realting to New York City Traffic Tickets.

If you receive a traffic summons in the City of New York or any other area that is covered by the TVB please refer to the “New York City Traffic Tickets” page or contact us at 877-DR SUMMONS. Keep in mind that the TVB only handles traffic infractions and not traffic misdemeanors or other types of violations.

NEW YORK CRIMINAL DEFENSE FIRM CHALLENGES MANDATORY MINIMUM SENTENCES IN FEDERAL CRACK CASES

October 1, 2008 | Tilem & Associates

New York criminal defense firm Tilem & Campbell has filed Court papers seeking to prevent the use of mandatory minimum sentences in federal crack cases. Citing the reasoning in the recent Supreme Court decision, Kimbrough v United States that permitted Federal District Courts to consider the “100-1” ratio when considering whether or not to sentence below the federal sentencing guidelines in crack (or cocaine base) cases, Tilem & Campbell asked the Courts to take the ruling one step further and declare the mandatory minimums unconstitutional. The “100-1” ratio refers to the fact that under the current federal sentencing scheme, an offender sentenced for cocaine base is likely to get roughly the same sentence as a person sentences for 100 times as much cocaine.

The Supreme Court in Kimbrough found that this “100 -1” ratio was unwarranted based upon the fact that cocaine base (crack) and cocaine are two forms of the same drug with the same active ingredient and the same physiological and psychotropic effects. In addition, citing statistics from the United States Sentencing Commission, the Supreme Court indicated that there was a racial disparity with minorities and in particular African-Americans receiving longer sentences for crack offenses than their white counterparts who were committing cocaine offenses.

Tilem & Campbell filed the challenges in both the US District Court for the Southern District of New York and the US District Court for the Eastern District Court and decisions are awaited from both Courts.