New York Criminal Attorney Blog

Back in August 19, 2009, New York law firm Tilem & Campbell, PC filed a lawsuit against two Bronx Supreme Court Clerks who routinely violated the law by rejecting papers that were submitted for filing without legal reason. As reported in the today's New York Law Journal, the case was settled earlier this week after New York's Chief Administrative Judge, the Honorable Ann T. Pfau, promulgated a new Court rule which set forth only four circumstances in which clerks may reject papers for filing. The new rule and the settlement were laid out in a blog on this site earlier this week.

Law partners Peter Tilem and John Campbell were both quoted in today's New York Law Journal article. The law suit was previously reported in the Law Journal when it was originally filed. The first article appeared in the August 25, 2009 edition of the Journal.

For more information about the case or the new rule contact Tilem & Campbell.

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New York Law firm Tilem & Campbell settled its lawsuit against the Bronx Civil clerks office, today, after New York's Chief Administrative Judge amended the Court rules to comply with CPLR 2102(c). Civil Practice Law and Rules sect 2102(c) requires Court Clerks to accept legal papers submitted for filing unless a statute specifically prohibits the clerks from accepting the papers. The law became effective January 1, 2008 in response to the epidemic of Court Clerks rejecting papers for filing for the most mindless reasons. The practice was so widespread that Court Clerks prepared check-the-box forms to explain why your papers were rejected.

In response to the lawsuit brought under Article 78 of the CPLR entitled Tilem & Campbell, PC v. Tracy Pardo, Chief Clerk, Civil Division, et al. The Court rules, were amended to add Sect 202.5 (d)(1). Sect 202.5 (d) (1) now spells out only four circumstances in which clerks may reject papers submitted for filing. The four permissible reasons are:
i. The paper does not have an index number;
ii. The summons, complaint, petition or judgment sought to be filed with the County Clerk contains an "et al" or otherwise does not contain a full caption;
iii. The paper sought to be filed with the County Clerk is filed in the wrong Court; or
iv. The paper is not signed in accordance with section 130-1.1-a of the Rules of the Chief Administrator.

In addition, the County Clerk or chief clerk must now signify a refusal to accept a paper by use of a date stamp indicating the reason for the refusal.

New York lawyers, paralegals, process servers or others who routinely file papers in court should carry a copy of the new rule with them. If it is not yet available, this firm will provide a copy upon request.

Tilem & Campbell, PC v. Pardo arose out of the the Bronx Civil Clerk's refusal to accept an Order to Show Cause that this firm attempted to file because of some handwritten changes. This firm had made repeated attempts to remedy the matter and prior incidents with the Bronx Clerk without success.

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New York criminal law firm Tilem & Campbell would like to take a moment to thank our clients, blog readers and friends for a great year and wish everyone a very healthy and happy holiday season.

During this season a couple of things bear repeating.

Drinking and Driving is a serious and dangerous crime. Don't drink and drive.

Be careful driving. The police are out in force during the holidays, don't speed, obey all traffic signs and stay alert. Texting while driving is now illegal in New York. Don't talk on your cell phone without a hands free device or text while driving. Remember New York traffic tickets can be more costly than you realize.

Be safe and happy holidays.

John Campbell & Peter Tilem

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Posted In: DWI/DWAI , IN THE NEWS

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New York criminal defense law firm Tilem & Campbell will launch a holiday season ad campaign directed toward those caught Driving While Intoxicated or violating other New York traffic laws. The campaign will advertise the Doctor Summons trade name which will ask potential clients to contact Tilem & Campbell through its 877-DR-SUMMONS toll free number and through its DRSUMMONS.COM website. The ad campaign coincides with the holiday season, during which the firm sees an increase in DWI, Aggravated Unlicensed Operation of a Vehicle, Speeding and other moving violations.

The ad campaign is designed to let motorists know that they can fight these types of charges and that in many cases they can fight traffic violations without the necessity of going to Court.

The Dr Summons name has been used by law firm Tilem & Campbell, for several years to give motorists an easy to remember toll free number and website in case they find themselves charged with a traffic violation or DWI. Tilem & Campbell has successfully handled thousands of traffic violation in New York State.

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Posted In: DWI/DWAI , IN THE NEWS , TRAFFIC

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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 John Campbell. 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.

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Posted In: GUN CRIMES , IN THE NEWS

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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 John Campbell 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.

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Posted In: CHILD ABUSE , IN THE NEWS

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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.

The District Attorney's Office filed a Statement of Readiness for trial in May of 2008 but then inexplicably served the defendant's copy of the Statement of Readiness on a former address that Tilem & Campbell had moved from more than a year before. According to a statement filed by the District Attorney's Office, once the Statement of Readiness for trial came back undeliverable, the District Attorney's took no further action to serve it on Tilem & Campbell. Notably, the District Attorney's Office admitted in its court filings that it had been notified of the change of address and had sent at least one letter to the new address.

In addition, the Court scheduled trial dates in November 2008, February 2009, April 2009 and May 2008. On each date, the Kings County District Attorney's Office told the Court they were not ready for trial and requested another date.

Kings County Criminal Court Judge Gilbert Hong ruled earlier today that the Statement of Readiness for Trial was ineffective since it was never served on the defense attorneys, Peter Tilem and John Campbell. The net effect of that ruling, combined with the fact that the District Attorney was not ready for trial on four dates spanning a seven month period was that the District Attorney's office was ready for trial for the first time in July 2009, approximately 3 and 1/2 years after the bus matron's initial appearance and arraignment of these charges.

New York Law, as well as the New York State and United States Constitution require that individuals accused of a crime be given a speedy trial and a public trial. The New York State Law requires that when a person is accused of the class "A" misdemeanor of Endangering the Welfare of a Child the District Attorney's Office must be ready for trial within 90 days. New York State Law excludes many periods of time from those 90 days including motion practice and appeals.

Judge Hong ruled that the District Attorney's Office used more than 200 days before they were ready for trial in this case and dismissed all charges against the bus matron.

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Posted In: CHILD ABUSE , IN THE NEWS

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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 John Campbell devote to writing on topics of interest to the public.

Since starting the blog in February 2008, Peter Tilem and John Campbell 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.

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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.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS

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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.

As described in this blog, the law can be in its own language and if any members of the general public need help in understanding any of the New York Criminal issues that they research on Google Scholar they can check the "Legal Terms Defined" section of this blog or contact anyone of our experienced New York Criminal Lawyers.

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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.

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Posted In: IN THE NEWS , TRAFFIC

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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.

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Posted In: IN THE NEWS , TRAFFIC

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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.

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Posted In: IN THE NEWS , TRAFFIC

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Many articles have been written about the numerous costs of paying traffic tickets. While New York traffic fines are high and surcharges that are imposed by the Courts have recently been increased, there are many hidden costs that New York Driver's need to be aware when deciding whether or not to fight their New York Traffic Ticket.

One such surprise is the New York Driver Responsibility Assessment covered in a past blog. In a nutshell, the New York Driver Responsibility Assessment imposes a fee, billed by the New York State DMV of $300 when you get 6 points on your license and $75 per point over 6. The fee is payable over three years.

Another hidden cost comes from your insurance company. According to an article published on the National Motorist Association website, one traffic violation can raise your insurance 20% per year for a period of three years. According to the article even if your insurance costs a modest $800 that works out to $480 over three years. The article further explains that a second offense in 3 years can result in a 40% increase which can cost you $1200 more just in insurance.

The article on the National Motorist Association website advises that you ". . . should fight every ticket - every time." [emphasis supplied]. The article also advises that "[e]ven paying for a lawyer is often well worth the expense. . ." and advises that for "most ordinary traffic cases - speeding, running a red light, etc. - a lawyer will want around $700 or so."

In these economic times, the advice of the National Motorist Association is worth heeding. Keep more money in your pocket. Know the hidden cost of paying a traffic ticket. Hire an experienced traffic court lawyer who knows how to fight tickets. For more information contact one of the attorneys at drsummons.com for a free consultation.

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Posted In: IN THE NEWS , TRAFFIC

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Our July 15, 2009 blog on the Auxiliary Police Officer arrested for possession of Mace has sparked tremendous interest with many calling our firm or writing in about the issue and many wanting to find out how to obtain a New York City permit for mace. Some have contacted us about there failed efforts to obtain information about the permit from the New York City Police Department. The regulations are summarized in our May 24, 2009 blog. So I leave it to you; if any one knows how to obtain a New York City permit for mace, please comment to this blog, or contact Tilem & Campbell with the information. I will publish the results in a future blog.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS , WEAPONS OFFENSES

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New York DWI defense firm Tilem & Campbell has recently launched an ad campaign targeting individuals accused of Driving While Intoxicated (DWI) and/or related charges. The campaign, which involves, print, radio and internet media uses the toll free number 888-DWI-COUNSEL which corresponds to the numbers (888) 394-2686. The campaign also utilizes the domain address www.888dwicounsel.com. The toll free vanity number and domain should help the public locate Tilem & Campbell. DWI-COUNSEL is spelled with the SEL at the end and not COUNCIL with the CIL at the end to indicate that the firm counsels those accused of DWI.

The lawyers at Tilem & Campbell have a wealth of experience and knowledge in DWI and related cases and can assist those accused. Two lawyers at Tilem & Campbell are former prosecutors, in addition a third has recently completed courses in Driving Under the Influence Detection and Narcotics Field Testing.

Anyone who has been accused in New York of Driving While Intoxicated, Driving While Ability Impaired by Alcohol, Driving While Ability Impaired by Drugs or any related charges is encouraged to call 888-DWI-COUNSEL for a free consultation either in person or over the telephone.

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Posted In: DWI/DWAI , IN THE NEWS

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According to today's newspapers the NYPD Cop accused of killing a woman while driving in an intoxicated condition, had a blood alcohol content of 0.0 indicating that no alcohol was present in the officers blood seven hours after the incident. The blood was not drawn for seven hours after the accident. As discussed in my previous blog, New York drivers arrested for DWI have the right to refuse to take a chemical test. The result of the blood test substantially weakens the case against the officer who is accused of killing the woman while driving drunk.

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Posted In: CRIMINAL APPEALS , CRIMINAL PROCEDURE , IN THE NEWS

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Early Sunday morning, New York City Police Officer Andrew Kelly, while allegedly driving in an intoxicated condition, struck and killed 32 year old Vionique Valnord in Old Mill Basin, Brooklyn. The accident happened at approximately 12:41 a.m., however, Kelly’s blood was not drawn for more than seven hours. How can this happen? Simple, Officer Kelly exercised his statutory right to refuse to submit to a chemical test.

Let’s start with a brief overview of New York’s “deemed consent” law. To summarize the law; every New York driver is deemed to have given consent to the testing of their breath, blood, urine or saliva to determine the alcoholic and/or drug content of their blood provided the officer has reasonable grounds to believe the driver is impaired or intoxicated and the test is administered within two hours of arrest. See NY VTL § 1194(2)(a)(1), (2) see also 10 NYCRR 59.2 (All samples shall be collected within two hours of the time of arrest).

However, a driver has a qualified statutory right to refuse to submit to a chemical test. The right to refuse is qualified in several ways. Yes, one may refuse to take the test and, absent a court order, no test will be given. However, although one may refuse the test, if properly warned of the consequences, and if they persistently refuse, they may incur a “civil” penalty which includes a fine and the revocation of their driver’s license if the refusal is proven at a DMV refusal hearing. See NY VTL § 1194(2)(b). Further, if the driver, after being sufficiently warned about the consequences associated with refusing, nevertheless, persistently refuses, the refusal can be used by the prosecution at trial. See NY VTL § 1194(2)(f).

Finally, if a driver refuses to submit to a chemical test, that driver can be subjected to a compulsory, court ordered, chemical test. See NY VTL§ 1194(3). Such court ordered compulsory tests are almost always of the blood.

Notably, refusing to submit to a chemical test is not a criminal offense nor is it even a non-criminal traffic infraction. This is distinguished from refusing a breat screening test which is a traffic infraction. Refusals are purely “civil” offenses handled by the Department of Motor Vehicles. See People v. Thomas, 45 N.Y. 2d 100 (1978).

In this case, Officer Kelly exercised his qualified right to refuse to submit to a chemical test. As a result, his refusal can be used against him at trial. But more importantly, in this case, his qualified right to refuse was overcome by the issuance of a court order compelling Officer Kelly to submit to a chemical test to determine the alcohol or drug content of his blood. See VTL § 1194(3)(b).

For more information about Driving While Intoxicated, chemical testing, blood testing or any other question you might have, please contact Tilem & Campbell, PC toll free at 1-888-DWI-COUNSEL or visit us on the web at www.888DwiCounsel.com.

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Posted In: CRIMINAL PROCEDURE , DWI/DWAI , IN THE NEWS

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Mortgage Fraud has taken center stage in Westchester County Courts and around New York State. This national problem has taken on extra prominence in New York where property values are high. As a criminal defense law firm that has handled many mortgage fraud cases including headline making cases we are seeing an increased number of cases and increased enforcement by law enforcement authorities.

Indeed, in connection with a high profile mortgage fraud case that this firm is involved with, the Westchester County District Attorney's Office announced the formation of a Mortgage Fraud Unit to investigate and prosecute mortgage fraud in Westchester County. The Westchester County case resulted in the arrest of 8 people, 6 of whom were mortgage professionals and two attorneys.

Mortgage Fraud can take on many different flavors. The Westchester case is alleged to involve "Equity Stripping" which is a way of stealing the equity from a person facing foreclosure. Other cases can involve appraisal fraud, falsely preparing mortgage applications, using straw buyers with good credit to purchase properties, "flipping" properties from one buyer to another, identity theft or a combination of these practices.

The bottom line is that what was tolerated as normal practice several years ago by the banks is now considered fraud once the bank loses money because of a foreclosure or bankruptcy. While banks in the past encouraged "fraud" by loans that promised "no documentation", "light documentation" or "stated income", today they complain that the information they received from borrowers was not accurate.

In addition, victims of mortgage fraud and/or identity theft can have a difficult time navigating through the maze of legal issues related to resolving credit issues and resolving title issues.

These cases can become very complex. Whether you are the victim of mortgage fraud or are suspected of or accused of mortgage fraud, contact us, to speak to an experienced criminal attorney that has specific experience handling New York mortgage fraud cases or Federal mortgage fraud cases.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS , WHITE COLLAR CRIME

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Senior partner, Peter H. Tilem, appeared on the five o'clock news earlier this evening commenting on the Taconic Parkway fatal collision that left the driver and seven others dead. The piece appeared on channel 7's Eyewitness news shortly after 5 pm. Mr. Tilem, who is a former senior prosecutor in the New York County District Attorney's Office, was asked about the possibility of charges being brought against the husband of the woman who was allegedly intoxicated and indicated that it would not be sufficient if the husband was merely are of a history of substance abuse.

The full video is available and can be viewed at Tilem & Campbell's media page along with other videos of partners Peter Tilem and John Campbell in the news.

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Posted In: CRIMINAL PROCEDURE , DWI/DWAI , IN THE NEWS

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As a former Manhattan Prosecutor I have presented hundreds of cases to grand juries in New York. As a partner at a prominent criminal defense firm I have sat with clients inside the grand jury as they were questioned by prosecutors. With recent news reports about the a New York County Grand Jury considering charges against New York Giants stars Plaxico Burress and Antonio Pierce, it is important to understand exactly what a grand jury is and how it operates.

No person may be tried on a felony charge in New York unless a grand jury has considered evidence and voted an indictment or unless the person has waived indictment. The grand jury itself is made up of between 16 and 23 people. They are charged with the duty of hearing and examining evidence involving offenses or misconduct whether or not the misconduct is criminal. In order for a grand jury to vote an indictment 12 of the grand jurors must vote to indict.

The burden to vote for an indictment is low. A grand juror need only find that there is reasonable cause to believe that a person committed an offense. In laymans terms that means that a grand jury need only find sufficient evidence to accuse a person of having committed a felony. This is a very different standard than the proof "beyond a reasonable doubt" needed to convict someone of a crime.

The burden to obtain an indictment is so low that the former Chief Judge of New York State, Sol Wachtler, humorously noted that a prosecutor could persuade a grand jury to "indict a ham sandwich." It is not only the low burden that makes it so easy to indict, it is an area of the Court that is almost exclusively controlled by the prosecutor. Although, in theory the grand jury is supervised by the Court, no Judge sits in the grand jury room while they are hearing evidence or deciding cases. It is the prosecutor that presents all of the evidence and instructs the grand jury on the law. It is the prosecutor who decides what evidence the grand jury will see and which witnesses they will hear.

Although the prosecutor truly controls the goings on in a grand jury, a target of a grand jury investigation or presentation has certain rights which will be discussed in a future blog. In the meantime, if you are charged with a felony or believe that a grand jury may be considering charges against you, contact one of the lawyers at the New York criminal defense firm, Tilem & Campbell.

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Posted In: CRIMINAL PROCEDURE , GUN CRIMES , IN THE NEWS , NARCOTICS

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As outlined in our May 24, 2009 blog New York City bans certain items that are legal other places in New York State and most other places in our Country. New York City Auxiliary Police Officer Alexander Gonzalez found that out the hard way when he was arrested, while on duty, in Manhattan for possession of mace. Mace is one of those items which is illegal in New York City but was made legal in New York State in 1996.

New York City Auxiliary Police Officers are neither police officers or peace officers under New York Law and therefore are not entitled to possess any weapons that civilians are not also entitled to possess. Senior partner, Peter H. Tilem was interviewed for an article written about the case today.

Tilem & Campbell handles a large number of gun and weapons charges in New York and has seen an increase in overly aggressive enforcement of minor weapons violations in New York City for items such as Mace and knives.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS , WEAPONS OFFENSES

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The United States Supreme Court ruled yesterday, that criminal defendants have a constitutional right to cross-examine the scientists who prepare reports which are introduced at trial. The list of scientists would include chemists who test for the presence of controlled substances, fingerprint analysts and ballistics experts as well as many others. Although the ruling is an important one for the rights of those accused of crimes the ruling is likely to have little impact in New York where State laws already gives defense lawyers the right to cross-examine scientific witnesses.

The ruling is an extension of the 2004 Supreme Court decision Crawford v. Washington which limited the permissible uses of hearsay in criminal trials under the Sixth Amendment Confrontation Clause. The Supreme Court seems to be expressing continued concerned over the use of hearsay (out of Court statements) in criminal trials.

If you or a loved one stand accused of a crime or have been convicted of a crime based upon hearsay, contact one of the experienced criminal defense lawyers at Tilem & Campbell.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS

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A Westchester County substitute school teacher was arrested last week and charged with Assault in the Third Degree (misdemeanor assault), Endangering the Welfare of a Child and Harassment for an incident involving a third grader in his gym class. According to police the teacher allegedly taunted and then assaulted the student after the student came at the teacher in a New Rochelle, New York public school. The case has received a great deal of media attention and the teacher, Daniel Sanabria, has now hired the White Plains criminal defense law firm, Tilem & Campbell, to defend him against the criminal charges.

The Westchester Journal News extensively quotes Tilem & Campbell, partner Peter Tilem about Mr.Sanabria's action in the case. According to the Journal News article, both Mr. Sanabria and criminal defense lawyer Peter Tilem are disputing the allegations. An article has also been featured in the New York Post and stories have been run on cable news Channel 12.

Mr. Sanabria is due in New Rochelle City Court next week where he is expected to defend the charges.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS

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With four confirmed cases of swine flu on Riker's Island and 4 probable cases, fear has gripped both inmates and corrections officers alike who are confined on Riker's Island. The scare has already disrupted visits and Court appearances in New York City criminal courts and will likely get worse before it gets better. The situation is so bad that the union representing the corrections officers has filed a letter of complaint with the Department of Labor. For families of inmates in the massive New York City Jail system the outbreak means that visits will likely be canceled in many jails. In addition movement within the jails may be curtailed. If you or a loved one are currently confined on Rikers Island or any New York City Jail contact one of the experienced criminal defense lawyers at Tilem & Campbell.

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Westchester County District Attorney Janet DiFiore announced the results of a three month sting operation which used underage criminal justice students to purchase alcohol at bars, restaurants and liquor store. The sting resulted in the arrest of 28 people but also demonstrated that establishments enforced the drinking age 81% of the time. The 28 people arrested were charged with selling alcohol to minors.

During this season when Proms, graduation parties and Memorial Day Weekend parties are in high gear it is important to remember the potential consequences of underage drinking and especially of underage drinking and driving. New York has a "zero tolerance" for people under 21 years of age driving with any alcohol in their system. In addition, New York imposes enhanced, severe penalties for minors who drink and drive.

If you or a loved one has been charged with an alcohol related offense in New York, contact one of the attorneys at Tilem & Campbell.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS

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Local, County and New York State Police begin their annual "click it or ticket" campaign today which means an increase in seat belt tickets across the State and the Region. The increased enforcement will take the forms of patrols and checkpoints and will likely lead to an increase in traffic tickets of all kinds. In addition to the New York State Police, County and local police in Westchester, Rockland, Orange Counties and beyond are expected to participate. The program is scheduled to last two weeks.

While Seat belt violations in New York carry no points and a fine of $50, it is important to remember that no seat belt or child restraint for a child less than 16 years of age carries 3 points per violation in New York. In addition, Police will be looking for other violations such as speeding, unsafe lane change, failure to signal and equipment violations as they patrol so drive carefully.
If you receive a traffic summons contact us DrSUMMONS.com or 877-DRSUMMONS

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New York State may be the 11th State in the United States to make ignition interlock devices mandatory vehicles owned by people convicted of drinking and driving (DWI) even if it is their first conviction. The device can detect alcohol in a driver’s breath and prevents the car from starting if alcohol is detected. The proposal made by two Long Island legislators, Senator Charles J. Fuschillo, Jr. and Assemblyman Harvey Weisenberg is already gaining steam in Albany where it has already passed the Senate Transportation Committee. The ignition interlock legislation has passed the Senate before but has not gotten through the New York State Assembly.

While the legislation is popular, its effectiveness is questionable since it only works on the offender’s car and he could obviously drive any car including a rental, a friend’s car or a family member’s car. In addition, anybody could blow into the device thus permitting the intoxicated driver to operate the car.

As experience New York DWI attorneys know, this legislation will add another collateral consequence to a long list of consequences of New York DWI convictions. This list already includes: offenders having a criminal conviction, fines, surcharges, insurance consequences, Driver Responsibility Assessment and license revocation in addition to possibility of jail, probation, conditional discharge, mandatory attendance at a victim impact panel and revocation of offender’s registration.

New York DWI’s are costly and are getting costlier. Everyone needs to be careful. If you or a loved one has been charged with in New York with DWI or DWAI contact the law firm of Tilem & Campbell.

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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.

The lawsuit was filed in Federal Court in White Plains and is assigned to the Honorable Stephen Robinson, District Court Judge.

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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).

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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).

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Tilem & Campbell 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 John Campbell. 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.

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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

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS , NARCOTICS

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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

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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 John Campbell 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

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS , PROSTITUTION

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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.

The proposed law gives more discretion to New York State judges who are often in the best position to determine whether a person should get treatment or go to prison.

At a time when the law is changing, it is most important for people accused of drug crimes and their families to stay in touch with the latest changes in New York Drug laws. Not all lawyers stay abreast of the latest changes in the law, so stay informed. If you have any questions about any Westchester County drug cases, New York City drug cases, federal drug cases in the New York area please contact Tilem & Campbell at 888-ANY-CRIME (888-269-2746)

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS , NARCOTICS

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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.

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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.

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Posted In: CRIMINAL APPEALS , CRIMINAL PROCEDURE , IN THE NEWS

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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.

At Tilem & Campbell, not only have we noticed an increase in traffic enforcement activity but we have observed an increase in the number of tickets issued during each car stop. Many clients who contact Tilem & Campbell through our 877-DR-SUMMONS telephone number have been issued tickets totaling more than 10 points in a single traffic stop. After 11 points, a driver loses his or New York driving privileges.

In a related Video on MSN, the experts suggest that you do not simply pay your tickets because of the high collateral costs. The experts suggest fighting your tickets in Court.

If you need any advice about New York Traffic Tickets, contact the New York Traffic Attorneys at Tilem & Campbell.

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Posted In: IN THE NEWS , TRAFFIC

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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.

In addition, here at Tilem & Campbell, we have heard reports of abusive store security guards lying to people detained for shoplifting and holding them for long periods of time before the Police are called. The store security guards are generally not police officers and therefore are not bound by the same rules a police officers.

New York shoplifting cases are extremely serious and can lead to severe consequences including a permanent criminal record. Here are a few tips based upon my extensive experience in handling shoplifting cases. While shopping:
1. Do not put any items inside any pocket, bag or clothing, if you cannot carry everything get a basket or cart.
2. Do not leave the store with items even if it to use the cell phone or get better reception and you intend to pay for the items.
3. When going from one store to another with purchased items, make sure you save the receipt.
4. If stopped by store security, do not make any admissions, do not apologize. Be cooperative but insist that you be able to speak toa a parent, guardian or lawyer.

If you are arrested for a New York shoplifting case, a New York Petit Larceny case or a New York Grand larceny case treat the matter with the seriousness that it requires. Contact us or any experienced criminal defense lawyer who handles these types of cases.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS , WHITE COLLAR CRIME

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New York Criminal Defense Lawyers John Campbell 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 John Campbell have been asked back to appear on the Pulse in the near future.

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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.

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Posted In: CRIMINAL PROCEDURE , IN THE NEWS , TRAFFIC

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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.

For more information about the latest developments in Federal crack sentences please subscribe to this blog or contact one of our experienced Federal criminal defense lawyers at

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New York Criminal Defense Law Firm, Tilem & Campbell, scored another major victory in a New York gun case when it won a complete dismissal of all charges in a Bronx County case yesterday. The original charges included Criminal Possession of a Weapon in the Second Degree and Criminal Possession of a Weapon in the Fourth Degree. The Defendant faced a minimum sentence of 3 and 1/2 years in prison on the Second Degree charge which is a class "C" violent felony.

The case was won using a little known Federal Defense that provides a defense to gun charges in all 50 states for those transporting firearms from one place where they may legally possess that gun to another such place if done so in accordance with federal law.

The victory comes on the heels of a string of major victories in the past three months for Tilem & Campbell which included another dismissal of felony gun charges in a Brooklyn Gun case in June and the sentencing earlier this month to house arrest for a person charged in Federal Court with trafficking in a large number of firearms from Texas to New York. Unfortunately, the firm suffered one loss back in June when a Tilem & Campbell client was convicted by a jury of gun possession.

Yesterday's case received significant media attention with articles being published around the web about the use of the Federal Defense to defeat one of New York State's stringent gun laws. Articles appeared on Forbes.com , Reuters and the Earth Times to name just a few of many articles.

To speak to an attorney about the Federal Travelers Defense or any Weapon or gun related issue contact an attorney at Tilem & Campbell or visit handgunattorney.com

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Posted In: GUN CRIMES , IN THE NEWS , WEAPONS OFFENSES

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The Queens District Attorney’s Office announced the indictment of a Dutch man for his role in spraying graffiti on a subway car in Queens and then taking police on a foot pursuit on the subway tracks. The cases focuses attention on the serious charges associated with graffiti in New York including Criminal Mischief, Making Graffiti and Possession of Graffiti Instruments. It also focuses attention on “Graffiti Tourism” a growing phenomenon in this area.

Criminal Mischief in New York is a crime involving damaging property (either intentionally or recklessly) and is generally a misdemeanor punishable by up to one year in jail. Damaging property in an amount exceeding $250 can be charged as a class “E” Felony punishable by a prison term of up to 4 years and damaging property in an amount exceeding $1500 is a class “D” felony punishable by up to seven years in prison.

The problem is that the threshold amounts have not been changed since 1971 and when the New York State Legislature amended the Grand larceny Statutes in 1986 they forgot to amend the Criminal Mischief statutes. In practice, that means that if you steal property worth $300 you are only guilty of a misdemeanor but if you damage property worth $300 you are guilty of a felony.

In 1992 the New York State Legislature added Making Graffiti and Possession of Graffiti Instruments to the New York State Penal Law. Making Graffiti is a class “A” misdemeanor punishable by up to one year in jail and Possession of Graffiti Instruments is a class “B” misdemeanor punishable by up to 90 days in jail.

Making Graffiti involves painting, etching, covering or drawing upon either private or public property with the intent to damage property. Possession of Graffiti Instruments involves possessing tools commonly used to make graffiti such as paint or magic markers under circumstances that show an intent to use those tools to damage property.

New York City and other cities such as White Plains, Yonkers and New Rochelle have worked hard recently to rid their streets of graffiti. Those charged with making Graffiti or other Graffiti related charges often face very aggressive prosecution. It is important to remember that all offenses relating to graffiti are crimes and one charged with any of these offenses should contact an experience New York Criminal Defense Lawyer as soon as possible.

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Posted In: IN THE NEWS , Legal Terms Defined

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New York Criminal Defense Attorney's John Campbell and Peter Tilem 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 10:00 am talking with Star, DX 21 and White Trash Helene while listeners phoned and E-Mailed in their legal questions and even an NYPD Sergeant E-Mailed in his question concerning arresting people for Possession of Rifles in New York City.

Tilem & Campbell sponsored breakfast for the show and a great time was had by all; both Peter Tilem and John Campbell were invited back to come on the show in the near future. Yesterday's appearance was videotaped and will be posted on this blog as soon as the video becomes available.

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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 calls for police agencies throughout New York State to increase the use of saturation patrols and checkpoints in an effort to catch intoxicated and impaired drivers.

Readers of this Blog and clients of Tilem & Campbell are reminded of my blog dated March 3, 2008 warning drivers about being arrested even if their Blood Alcohol Limit (BAC) is below the legal limit. Obviously it goes without saying that a driver should never operate a vehicle while intoxicated or impaired by any substance. However, if you are stopped in a DWI check point and you have alcohol on your breath you may be arrested regardless of whether you are legally intoxicated or impaired.

Keep in mind that if you refuse to take the breath test your license to operate a vehicle in New York will be revoked for a period of one year regardless of whether you are convicted of DWI or DWAI. Remember that a good lawyer can challenge both the police testimony and the breath test results.

If you are arrested, summoned or charged with DWI, DWAI or any other driving related criminal offense contact an experienced New York DWI Lawyer as soon as possible who can help fight for your license and your rights.

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In a landmark decision that was closely watched by New York criminal lawyers and attorneys throughout the Country, The United States Supreme Court struck down Washington DC's ban on handguns. As discussed in our earlier March 19, 2008 blog, the decision is monumental because it marks the first time the Court has recognized that the right to "keep and bear arms" applies to individual citizens and not only State Militias. The fact that the Supreme Court now recognizes an individual right raises many questions about the legality of the gun laws throughout New York and the North East.

To me, as an attorney who was a member of the firearms trafficking unit of the District Attorney's office in Manhattan and has handled numerous gun cases throughout my career, this decision raises more questions than answers. For example, while the Court has prohibited a total ban on guns, to what extent will Courts allow "Reasonable Restrictions" on the ownership of handguns? Will the Courts permit onerous licensing and registration laws to continue? To what extent does this effect individuals facing the mandatory minimum three and one half year sentence for those charged with possession of a loaded firearm in New York?

At Tilem & Campbell we are continuing to analyze the decision with an eye toward helping our clients navigate the maze of New York gun laws. A further blog on this topic in the coming weeks will further discuss the ramifications of the decision.

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Posted In: GUN CRIMES , IN THE NEWS

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New York City Administrative Code 10-133(b) (Unlawful Possession of Knives or Instruments), makes it illegal to possess a knife with a blade over four inches in any public place in New York City. Criminal Lawyers and Judges have struggled with this section for years because the reach of the statute is so broad and because of how easy it is to violate this statute.

Firstly, there is no specific “mens rea” or mental culpability required for this offense. Most criminal statutes require a person to act intentionally, knowingly or recklessly. This statute does not even require that the person knowingly possess the knife. Most weapons offenses require that the possession be knowing possession. In addition, as all of us know, knives have many legitimate uses and even the average kitchen knife has a blade length over four inches. To demonstrate the reach of this statute, over twenty years ago a Queens Criminal Court Judge ruled that the statute could be applied to a Sikh priest who had the knife as part of a genuine religious observance.

Last month another Queens Criminal Court Judge ruled that possessing a knife over four inches in a car is not a violation of this New York City Administrative Code section since a person’s car, even though on a public street, is not a “public place.” In the recent Queens case, the knife was seen in the center console of a vehicle that was stopped by the police for a routine traffic infraction. The Court ruled that the center console of a person’s vehicle is not a public place and dismissed the New York City Administrative Code violation.

Unlawful Possession of a Knife is a violation, not a crime under the New York City Administrative Code. Although only a violation, a person accused of violating this section faces up to 15 days in jail and a fine of up to $300.
If you, a family member or friend receive a summons or are arrested for violating the New York City Administrative Code, take the matter seriously and contact an experienced New York Criminal Attorney.

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The verdict in the Queens, New York shooting of Sean Bell by New York City Police leaves many questions unanswered. The verdict, however, is not surprising to experienced New York Criminal Defense Lawyers in light of New York’s defense of justification and a history of high profile cases in which the defense has been used successfully.

The defense of justification or “self defense” as it is more commonly known has played a role in the acquittals of Bernard Goetz in Manhattan, the police officers acquitted of shooting Amadou Diallou in the Bronx and the acquittal of Police Officer Frank Livoti implicated in the death of Anthony Baez. In both the Baez and Sean Bell cases it was a Judge deciding the case without a jury that acquitted the defendants in those cases. In the Goetz and Diallou trial it was a jury that acquitted the defendants.

The defense of justification or the right to self-defense is one of the oldest defenses originally recognized at common-law. It has been codified in New York Law since at least the year 1881. Today, self defense is codified in Penal Law §35.15. Under the right of a self-defense a person may use force against another person to protect himself or a third person. The force used may even rise to the level of deadly physical force under certain circumstances. All of the elements of the defense are beyond the scope of this article but force may also be used for example to prevent a crime or apprehend someone who has committed a crime.

The defense of justification is a common defense raised by experienced New York Criminal Defense Lawyers in many homicide and assault cases. It is a powerful defense for many reasons but in no small part because once raised, the prosecution has the burden of disproving the defense beyond a reasonable doubt. What that means is that the prosecution has to prove beyond a reasonable doubt that a defendant was not acting in self-defense. This is often very hard to prove. It is even more difficult to prove given that an element of self-defense is the defendant’s belief at the time of the self defense. The defendant’s belief is very difficult to know it is even harder to prove in many cases.

Given the complexity of the issues involved, it is not surprising that successful New York defense attorneys such as the lawyers at Tilem & Campbell have used the defense with great success. It is also no surprise that that the police officers involved in the Sean Bell case were found not guilty.

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New York State Chief Judge Judith Kaye filed suit against the New York Governor and Legislators seeking pay raises for New York State Judges. It is absolutely preposterous that it has come to this considering that Judges have not received any pay raise, not even to adjust for cost of living, in more than nine years. New York Judges' salaries are ranked 49th in the Country among State Judges. In addition, the New York State Judges make about $30,000 less that Federal Judges who are also underpaid.

The potential for harm to the judiciary was noted recently by United States Supreme Court Justices Anthony Kennedy and Clarence Thomas in a hearing last month before Congress. Justice Thomas pointed out that Federal judges make about what first year associates make at the largest law firms. Judge Kay in her lawsuit points out that many professors working for the State and City system make more than a New York Supreme Court Justice as do the District Attorneys in New York City.

As a New York trial attorney I am in Court virtually every day. I see the most serious of cases being litigated before Judges throughout the area. The litigants in those cases deserve that there cases be heard by the best and the brightest judges who can give their fullest attention to each case.

If New York doesn't fix the imbalance caused by going 10 years without judicial raises, the good judges on the New York bench will leave and be replaced by the few lawyers who cannot get a better paying job or the few lawyers who are independently wealthy and just don't care. Neither type of Judge is the kind that New Yorker's deserve.

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Peter H. Tilem, Senior Partner at Westchester Criminal Defense Firm Tilem & Campbell is quoted briefly in today's Journal News. Mr. Tilem was in Federal Court in White Plains, yesterday, with his client Ramon Vargas who, according to the article, entered a plea of guilty in a case involving Federal credit card fraud and forgery charges.

According to the article Mr. Vargas, who faced up to fifteen years in prison on the charge, faces less than half that time or 87 months as a maximum under the sentencing guidelines. Sentencing in the case will most likely be scheduled for July.

Peter H. Tilem, a former Manhattan Prosecutor, with his law partner John Campbell, maintains an active New York Criminal Defense law firm in based in White Plains New York. The firm handles State and Federal Criminal Matters throughout lower New York State.

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White Plains based law firm Tilem & Campbell has launched its own investigation into some of the practices of the Cayuga Heights Village Court and Judge Glenn G. Galbreath. Tilem & Campbell, the Westchester County based firm that represents drivers throughout New York State and is the owner of domain name TRAFFICTICKETEXPRESS.COM, launched the investigation after a letter from the Cayuga Heights Court seemed to indicate that Judge Galbreath may be implementing an illegal plea policy with regard to speeding tickets. During a preliminary investigation, the firm received complaints from several lawyers about the Court and Judge Galbreath prompting the wider probe.
Peter H. Tilem, Senior Partner at the firm, has requested transcripts of numerous Court proceedings and has requested access to all traffic ticket cases adjudicated in the Court over the last year. As a former New York County Prosecutor, Mr. Tilem has extensive experience in conducting investigations. A similar investigation launched by the firm last year into practices at the North Hills Village Court led to the firm filing an action against Judge Sigmund Semon in the Supreme Court of Nassau County.

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Posted In: IN THE NEWS , TRAFFIC

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Westchester based Criminal Defense Law Firm, Tilem & Campbell, is following with great interest the case of District of Columbia v. Heller which was argued in the United States Supreme Court yesterday morning. Peter H. Tilem, Senior Partner at the firm is a former member of the Firearms Trafficking Unit of the New York County District Attorney’s Office and has handled numerous firearms and weapons related cases both as a prosecutor and a criminal defense attorney. The firm, Tilem & Campbell owns the domain name handgunattorney.com and has handled numerous firearms and weapons related cases in both Federal and State Court.

The Heller case involves a Federal challenge to the District of Columbia ban on private possession of handguns. This marks the first Second Amendment case considered by the United States Supreme Court since 1939. The question being considered by the Supreme Court in this case is whether the District of Columbia ban violates the rights of citizens who, though not part of any militia, wish to keep handguns in their home. The United States Court of Appeals for the District of Columbia Circuit has already ruled that the ban is unconstitutional and has struck down the DC law. The decision from the U.S. Supreme Court is likely to have far reaching ramifications.

If the Supreme Court agrees with the Circuit Court, it will mark the first time in this nation’s history that the Supreme Court has applied the Second Amendment to citizens not a part of a State Militia and therefore can have an impact on the gun laws of States throughout the Country. New York City and other localities throughout New York State that have particularly restrictive gun laws may be profoundly affected by the Decision particularly if the Supreme Court Decision upholds the Circuit Court ruling.

While it is often difficult to predict how the Court will rule from the questioning of the Justices, some of the questioning today seemed to indicate that at least some of the Justices will vote to uphold the Circuit Court decision which struck down the DC Law. Chief Justice Roberts asked the lawyer arguing on behalf of the District of Columbia what was reasonable about a total ban and likened the ban to a ban on newspapers in violation of the First Amendment.

While the Supreme Court is not expected to rule for several months, this Firm will continue to monitor the case and report on any decision as soon as becomes available. This Firm will be preparing constitutional challenges to New York gun laws on behalf of our clients in appropriate situations, should the Supreme Court uphold the Circuit’s decision.

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Posted In: GUN CRIMES , IN THE NEWS

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As promised, here is a the video of New York Criminal Defense Attorney John Campbell commenting on the Governor Spitzer prostitution scandal.

As discussed in my previous post John Campbell, the managing partner here at the White Plains, New York law firm of Tilem & Campbell which owns the domain name escortattorney.com was asked to comment on the scandal and specifically whether Governor Spitzer was likely to be charged. Please see below.

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Posted In: IN THE NEWS , PROSTITUTION

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RNN, the Regional News Network just came by the office to get comments from Criminal Defense Lawyer John Campbell the managing partner here at the firm about the prostitution and Mann Act issues in which New York Governor Elliot Spitzer finds himself embroiled. The firm has handled numerous prostitution related cases and while John and I are often the “go to” lawyers here in Westchester County for the media to get their legal comments, it is nice to be able to comment on an issue with which we are so familiar.

Tilem & Campbell, PC owns the web domain name escortattorney.com and has had the opportunity to represent clients in a wide variety of prostitution related cases that go far beyond simple prostitution. As such, John was a natural choice to comment on the Governor Spitzer situation.

John explained to RNN that while the Governor’s conduct may have technically violated the Mann Act, it is unlikely that he will be prosecute because customers also referred to as “Johns” (no pun is intended) are usually not prosecuted under the Mann Act. John explained that often, federal investigations often focus more on the organizers and managers and the prostitutes or customers.

John also speculated that a deal would be worked out in which the Governor would be allowed to resign in exchange for an agreement that he would not be prosecuted. Elliot Spitzer has hired a large Manhattan based law firm to represent him which seems to indicate that he at least believes that he will have upcoming legal issues.

When the video from RNN becomes available we will post the link on this Blog.

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Posted In: IN THE NEWS , PROSTITUTION

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