http://www.newyorkcriminalattorneyblog.com/ Published by Tilem & Campbell en-us 2012-01-22T18:43:18-05:00 http://www.newyorkcriminalattorneyblog.com/2012/01/how_can_appearance_tickets_iss.html With Limited Exceptions, When the Defendant is a Natural Person, Appearance Tickets Must be Served Personally [CPL 150.40(2)] Generally, under New York law, other than an appearance ticket issued for a traffic infraction relating to parking, an appearance ticket... CRIMINAL PROCEDURE John Campbell 2012-01-22T18:43:18-05:00 http://www.newyorkcriminalattorneyblog.com/2012/01/guilty_plea_in_new_york_drivin.html If you are charged with Driving While Intoxicated [VTL 1192(2), (3)] in New York, the criminal defense attorney you choose can be one of the most important decisions of your life. Are you going to retain a “read-em-and-plead-em” hack,... DWI/DWAI John Campbell 2012-01-17T18:06:36-05:00 http://www.newyorkcriminalattorneyblog.com/2012/01/appearance_tickets_in_new_york.html The New York State Legislature has acknowledged that CPL140.10(1)(b) prohibits an officer from making an arrest or issuing an appearance ticket for a traffic infraction not committed in his or her presence and has determined that there are only... CRIMINAL PROCEDURE John Campbell 2012-01-10T18:48:02-05:00 http://www.newyorkcriminalattorneyblog.com/2012/01/new_yorks_move_over_law_just_e.html New York's "move over" law was expanded starting at the beginning of this year (January 1, 2012) making it applicable to not only emergency vehicles that are stopped on the side of the road but now to "hazard vehicles".... IN THE NEWS Peter Howard Tilem 2012-01-06T10:32:13-05:00 http://www.newyorkcriminalattorneyblog.com/2012/01/over_criminalization_part_iii.html The Wall Street Journal Reported last week, that criminal charges were being prepared against British Petroleum and/or individuals who worked for British Petroleum and who were supposedly responsible for the oil spill that occurred in the Gulf of Mexico... CRIMINAL PROCEDURE Peter Howard Tilem 2012-01-02T15:14:50-05:00 http://www.newyorkcriminalattorneyblog.com/2011/12/over_criminalization_part_ii_c.html As of 2008, 2 million youths are arrested each year. While the original intent of the juvenile justice systems created throughout the country was to prevent stigmatization and collateral consequences that could naturally flow from an arrest. As experienced... CRIMINAL PROCEDURE Peter Howard Tilem 2011-12-26T13:06:23-05:00 http://www.newyorkcriminalattorneyblog.com/2011/12/over_criminalization_leads_to.html The issue of the over criminalization of our society has been the focus of an increasing amount of media coverage and even led to recent hearings in congress. As discussed in the past in this blog (September 27, 2011... CRIMINAL PROCEDURE Peter Howard Tilem 2011-12-26T12:45:20-05:00 http://www.newyorkcriminalattorneyblog.com/2011/12/drug_court_controversy.html As discussed in our previous blog the Greenburgh Drug Court was so out of control that Court officials eventually had to transfer all of the cases out of the Court to protect the rights of those participating in its... CRIMINAL PROCEDURE Peter Howard Tilem 2011-12-12T15:25:56-05:00 http://www.newyorkcriminalattorneyblog.com/2011/12/greenburgh_drug_court_violates.html The Office of Court Administration, transferred all of the cases out of the Greenburgh Drug Court this week in an apparent response to complaints made by Tilem & Campbell partner, Peter H. Tilem. The problems began when a client... CRIMINAL PROCEDURE Tilem and Campbell, PC 2011-12-07T20:37:30-05:00 http://www.newyorkcriminalattorneyblog.com/2011/11/driving_while_intoxicated_per_1.html In New York there are two different Driving While Intoxicated charges. Driving While Intoxicated under VTL 1192(3) is based upon the officer’s opinion that a motorist is intoxicated. This charge is independent of one’s Blood Alcohol Concentration (BAC) and... DWI/DWAI John Campbell 2011-11-13T10:19:43-05:00