New York Criminal Attorney Blog

ARE YOU ENTITLED TO A SUPPORTING DEPOSITION WHEN ISSUED A NEW YORK TRAFFIC TICKET?

May 3, 2009 | Tilem & Associates

Unless your New York Traffic Ticket was issued in New York City, Buffalo and parts of Suffolk County you are entitled as a matter of law to a supporting deposition on all moving violations (including: speeding, red lights, tailgating, unsafe lane change and failure to signal) . You must however, ask for it.

As experienced New York traffic court lawyers, demanding a supporting deposition from the complainant/police officer is one of many tools in our arsenal to help us successfully fight traffic violations. While it is clearly not the right tactic in every case, it can be an effective, although procedurally difficult tactic.

New York Criminal Procedure Law § 100.25(2) provides that a defendant charged by a simplified information is, upon a timely request, entitled as a matter of right to a supporting deposition of a complainant police officer and that upon such a request, a court must order the officer to serve a copy of the same within 30 days of the date such request is received by the court, or at least five days before trial, whichever is earlier. N.Y. CPL § 100.25(2).

TILEM & CAMPBELL IN THE NEWS – LAWSUIT AGAINST SPRING VALLEY POLICE ANNOUNCED

April 27, 2009 | Tilem & Associates

New York Law firm Tilem & Campbell is in the news again after filing a federal civil rights law suit brought against the Village of Spring Valley, New York, the Village Police Department, the Building Department and several detectives. The article originally published in the Rockland County Journal News has been picked up on several national websites.

The suit alleges that the detectives intervened on behalf of a tenant who was claiming that a landlord owed him money. The detectives used a ruse to lure the individual to a building and then used threats, intimidation and the threat of an illegal building inspection to compel the individual to pay money to the tenant.

The suit names individuals Det. Roxanne Lopez, Det. Ted Hughes and Det. John Beltempo as well as Assistant Building Inspector Manny Carmona and Building Inspector Joseph Jacaruso. Tilem & Campbell asks that any one with information of misconduct by any of these individuals contact the law firm.

NASSAU COUNTY ANNOUNCES INITIATIVE TARGETING AGGRESSIVE DRIVERS

April 26, 2009 | Jasmine Hernandez

Nassau County Police have announced an initiative targeting “aggressive drivers” on Nassau County roads, beginning tomorrow. While details of the initiative have not been released the program is likely to result in the issuance of additional tickets for such New York traffic violations as speeding, tailgating, passing a red light, unsafe lane change, failure to signal, unsafe passing, the failure to obey traffic control devices and failure to yield right of way in Nassau County.

These types of violations all carry points and can lead to higher insurance costs as well as fines and imposition of the driver responsibility assessment. Nassau County traffic violations are handled in the Traffic and Parking Violations Agency (TPVA) which is located at 16 Cooper Street in Hempstead
If you have any questions about fighting traffic violations in Nassau County or anywhere else in New York contact us or visit us at drsummons.com or 877-DR-SUMMONS (377-8666).

NEW YORK TRAFFIC TICKETS – YET ANOTHER REASON WHY OFFICERS/TROOPERS SHOULD NOT PROSECUTE THEIR OWN CASES

April 20, 2009 | Tilem & Associates

Several months back I wrote a series of blogs about officers and troopers prosecuting New York traffic tickets they issue. As an experienced New York Traffic Court attorney, I wrote about why this practice should not be allowed. Recently, I had an experience in one particular Dutchess County court which reaffirms my belief that officers and troopers should not be masquerading as prosecutors.

Simply stated, police officers and state troopers should not act as prosecutors because they operate with no regard for the disciplinary and ethical rules that guide attorney conduct or those acting as attorneys under one of the exceptions promulgated by the legislature. Furthermore, I have personally witnessed State Troopers blatantly violating their own internal rules. I have personally witnessed the questionable (if not outright illegal) practice of State Troopers, with firearms at their side, calling defendants out into the hallway for a “conference”. Like a prison yard roll-call, these troopers turned “prosecutors” call out: “Smith, Jones, Johnson and Lopez, outside in the hall”. Then, with 9mm firearms visible on their sides these troopers turned “prosecutors” “advise” the hapless motorists to plead guilty but to tell the judge they were only going 10 mph over the limit. The troopers turned “prosecutors” then promise that they won’t object to the judge finding them guilty of a lesser speed.

The trooper practice of advising the defendants to plead guilty is border-line criminal. Even if this court were to rule that troopers can act as prosecutors, that does not mean that those troopers can call defendants into the hallway and give them legal advice. (See Jud. Law 478 & 484). This is misdemeanor (See Jud. Law 485). The State Police have a no-plea policy. What then, could they possibly want to talk to the defendant about? There is a no plea policy, right. That means the troopers show up for trial, period.

NEW YORK GUN CRIMES – CRIMINAL POSSESSION OF A WEAPON IN THIRD DEGREE

April 15, 2009 | Tilem & Associates

New York criminal defense lawyers, especially those that handle New York gun possession cases, know that New York has some of the most onerous laws restricting the possession, ownership and use of weapons of all types. This blog presents a brief overview of Criminal Possession of a Weapon in the Third Degree (CPW 3rd) (See NY Penal Law 265.02).

There are several ways one may commit CPW 3rd. First, a person is guilty of CPW 3rd in New York if they commit the crime of Criminal Possession of a Weapon in the Fourth Degree (CPW 4th) and have been previously convicted of any crime. [See Penal Law 265.02(1) for exact wording] .

Second, one is guilty of CPW 3rd if they possess any incendiary or explosive bomb, bombshell, silencer, machine gun or any other firearm or weapon simulating a machine-gun and which is adaptable as a machine gun. [See Penal Law 265.02(2) for exact wording] .

New York Criminal Lawyer Peter Tilem on Twitter

April 9, 2009 | Tilem & Associates

New York criminal law firmTilem & Campbell is pleased to announce that Senior Partner Peter H. Tilem is on Twitter and can be found at www.twitter.com/attorneyny. Please log on and follow Peter. He will provide updates on interesting issues involving New York criminal law and other legal issues (or as much as can be said in 120 characters).

Tilem & Associates Announces Release of New Personal Injury Site

April 6, 2009 | Jasmine Hernandez

Tilem & Associates is pleased to announce the release of its newest website westchesterPIattorneys.com. The website, which focuses on New York personal injury law was launched as a resource for people injured in accidents in the Westchester County, Putnam, Rockland and New York City areas, according to Managing partner Peter Tilem. The website provides information about New York construction accidents, New York Car accidents and other types of personal injury cases. For more information please visit westchesterPIattorneys.com.

NEW YORK CRIMINAL POSSESSION OF A WEAPON – FOURTH DEGREE

April 2, 2009 | Jasmine Hernandez

Criminal Possession of a Weapon in the Fourth Degree (CPW 4th) is a class “A” misdemeanor in New York punishable by up to one year in jail. There are several ways one can commit the crime of CPW 4th. (There are also exemptions to the statute which will be discussed in future blogs). If you have been charged with a weapons offense, you need experienced criminal defense attorneys to defend you.

One is guilty of CPW 4th if he or she possesses any: (1) firearm; (2) electronic dart gun; (3) electronic stun gun; (4) gravity knife; (5) switchblade knife; (6) pilum ballistic knife; (7) metal knuckle knife; (8) cane sword; (9) billy; (10) blackjack; (11) bludgeon; (12) plastic knuckles; (13) metal knuckles; (14) chuka stick; (15) sand bag; (16) sandclub; (17) wrist-brace type slingshot or slungshot; and (18) shirken or “Kung Fu star”. [See NY Penal Law 265.01(1)].

One is also guilty of CPW 4th if he or she possesses any of the following weapons with

UPDATE – New York Rockefeller Drug Laws

March 30, 2009 | Jasmine Hernandez

Tilem & Campbell just obtained a summary of the new Legislation repealing the Rockefeller Drug laws. If you or a loved one is currently serving a term in prison for a New York Narcotics case or is currently charged with any New York Drug case. Contact one of the experienced criminal attorneys at www.888anycrime.com

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