New York Criminal Attorney Blog

In a continuing effort to provide those charged with Driving While Intoxicated in New York with the best possible defense, on September 23, 2010, attorney John Campbell a partner in the criminal defense firm Tilem & Campbell successfully completed the New York State Bar Association’s Continuing Legal Education Class “Representing a DWI Defendant in New York from Arraignment to Disposition.”

The class focused on New York’s new Ignition Interlock Law which requires anyone charged with Driving While Intoxicated (by alcohol only) on or after November 18, 2009 and sentenced after August 15, 2010 to install an Ignition Interlock in any vehicle that person owns or operates. This is a very complex law with many yet to be solved problems and issues.

Furthermore, the class focused on test refusals, the imposition of penalties on out-of-state drivers, multiple offenders, and DWI felonies. There was also a session on Field Sobriety Testing (which included the Horizontal Gaze Nystagmus (the eye test), the Walk-and-Turn Test and the One-Leg-Stand Test). The final session of the class concerned breath testing and the inner workings of the most common machines used by law enforcement.

This class was but one of many Mr. Campbell has taken in an effort to stay on top of the most cutting edge DWI defense issues and to enable him to effectively cross examine law enforcement officers at Driving While Intoxicated trials throughout New York State. In 2009 Mr. Campbell was certified in DUI Detection and Field Sobriety Testing by Blackwater Worldwide. Also in 2009, Mr. Campbell completed the National Association Criminal Defense Lawyers 2009 DUI Defense Three Day Seminar. Mr. Campbell is also certified in Narcotic Field Testing by NIK Public Safety. This arsenal of training has allowed Mr. Campbell to successfully defend those charged with both felony and misdemeanor DWIs at trial. In fact, other attorneys have at times retained Mr. Campbell to assist them in defending their own clients at DWI trials. For more information please call 1-888-DWI-COUNSEL or visit us on the web at www.888dwicounsel.com.

New York criminal defense firm Tilem & Campbell won a dismissal earlier today in another Bronx gun case. The case, started with the arrest of the client in December 2009 after a dispute with her roommate. The roommate notified the landlord, an off duty NYPD detective that her roommate had a pistol in her dresser drawer. The landlord entered the apartment without a search warrant and recovered a loaded firearm. The landlord then called the police and had the client arrested. The client was charged with Criminal Possession of a Weapon in the Fourth Degree and Possession of ammunition under the administrative code of the City of New York.

Tilem & Campbell, senior associate Jean Melino filed a motion to suppress the gun and ammunition because of the warrant-less entry and search into the client's bedroom by the off duty police officer/landlord. The Bronx County District Attorney's Office initially attempted to oppose our motion on the grounds that the off-duty police officer/landlord was not acting in his capacity as a police officer but rather as a landlord and that therefore he did not need to obtain a warrant. The Bronx District Attorney's Office cited both Federal cases and a case from the State of Nebraska to establish their position even though plenty of New York cases establish that an off-duty police officer is always acting in his official capacity. The Court granted a hearing on the issue.

After the Bronx District Attorney's Office was not ready to proceed on several dates that the Court had set for the hearing, The District Attorney's Office finally moved to dismiss the case rather than proceed with the hearing that they were sure to lose. The Court records in the matter were sealed.

The case was jointly handled by Jean Melino and Senior Partner Peter H. Tilem. This case represents the latest in a long line of successes on New York gun cases handled by Tilem & Campbell.

If you or a loved one has been charged in New York with any firearms or weapons related charges, contact the law firm of Tilem & Campbell for a free consultation or visit us on the web at handgunattorney.com.

In a unanimous ruling, issued yesterday and reported on the front page of today's New York Law Journal, the Appellate Division unanimously revered the conviction of a carjacker who had been sentenced to 5 1/2 years in prison because of repeated, improper comments made to a criminal defense lawyer in front of the jury. Judge Neary, who spent 28 years as a Westchester County Assistant District Attorney before becoming a judge was recently transferred from Westchester to the Bronx Court. The case in question stemmed from a trial in the Bronx.

Judge Neary, according to the Appellate Court decision referred to the defense attorney's line of questioning at one point in the trial as "silly" and "irrelevant". During summation, Judge Neary at one point told the defense attorney "you are turning this into a comedy and its not."

"Most egregiously, however, when defense counsel objected during the People's summation, the court did not merely overrule the objection, but stated: 'Would you please behave like a professional, please and not like a clown.' "People v. Leggett, 2869 3401/07, NYLJ 1202472024104 at 4 (App. Div. 1st, Decided September 14, 2010).

It is obviously very hard to win a trial before a jury when the supposedly neutral judge is telling the jury that your questions are irrelevant and that you are acting like a clown. The Appellate Court recognized that this conduct by the judge deprived the defendant of a fair trial.

The Appellate Division ordered that the defendant be given a new trial before a different Judge.

Tilem & Campbell is pleased to announce that Senior Partner Peter H. Tilem, Esq. has earned the highest rating from lawyer rating service AVVO. Peter Tilem earned the maximum rating of 5 out of 5 in each of the rating categories which include experience, industry recognition and professional conduct and received a rating of 10 out of 10 overall, which AVVO ranks as "Superb." Mr. Tilem is admitted to practice before the Courts of the States of New York and Connecticut, the Federal Courts in the Eastern and Southern Districts of New York, the District of Connecticut and the the District of Columbia as well as the United States Court of Appeals, Second Circuit and the United States Supreme Court.

AVVO is a website that profiles and rates attorneys throughout the country in an effort to assist individuals who wish to hire an attorney. The rating agency has been sued by disgruntled attorneys in the past unhappy with their ratings but is widely believed to be useful in assisting the public in locating qualified lawyers.

Peter H Tilem

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The "Superb" rating for Mr. Tilem is a reflection of his nearly 20 years of experience in the practice of law, the excellent results he obtains for his clients and the excellent reputation he enjoys.

To contact Mr. Tilem, you can visit his website at www.tilemandcampbell.com or visit his Avvo profile by clicking on the Avvo badge above.

In our May 24, 2009 blog entitled "New York City Bans Items that are Common and Lawful Most Other Places in New York State and in the Country" we detailed a long laundry list of items that are illegal in New York City, all of which are defined in the New York City Administrative Code sec 10-131. Items on our original list included mace, ammunition, imitation guns, assault weapons, rifles and ammunition feeding devices (gun clips or magazines). I left handcuffs off that list because I had never seen anyone arrested or summoned for possession of handcuffs. However, this office was recently contacted by a person who received a summons for possessing handcuffs in violation of New York City Administrative Code Sec 10-147.

Sec 10-147 makes it unlawful to possess handcuffs, thumb cuffs, leg irons and even flexible disposable handcuffs. Violation of 10-147 carries a maximum penalty of 10 days in jail and/or a $200 fine. There are numerous exceptions to this law such as possession by police officers, peace officers, military officers, police officers from other states carrying out their official duties in this State, licensed security guards and private investigators acting in the course of their job or while traveling to or from their job and many others. Kinky sex, which was the excuse that this person who was ticketed recently gave, is not one of the authorized exceptions.

In addition, there has been a lot written in this blog and a lot of press about the expansive definition being used, particularly in New York City of gravity knives and we have written about the aggressive enforcement of knife laws in New York City.

The bottom line is be careful what you carry. Know the law. If you have any questions about carrying something in New York contact the local police, research the law or contact one of the experienced weapons attorneys at Tilem & Campbell.