The reported collapse of the Dominique Strauss Kahn rape case highlights an important principle in criminal procedure that few prosecutors take seriously but that has experienced criminal defense lawyers tearing their hair out. Prosecutors MUST turn over evidence that the defendant is not the perpetrator of the crime to the…
Articles Posted in CRIMINAL PROCEDURE
NEW YORK CRIMINAL DEFENSE LAWYER PETER TILEM QUOTED IN TODAY’S NEW YORK POST HAS CASE DISMISSED TWICE AND REVERSED TWICE
The Endangering the Welfare of a Child case discussed in today’s New York Post article, demonstrates how experienced criminal defense lawyers need to handle complex criminal cases. The case brought against a school bus matron back in 2006 alleges that the bus matron failed to step in and protect a…
NEW YORK SPEEDY TRIAL – Part 2 – Trial Readiness not necessarily Trial
As we noted in our previous blog if you are charged with any crime in New York, other than a homicide, or any penal law non-criminal offense you are entitled to a speedy trial under New York Criminal Procedure Law sec 30.30. However, the statute is really misnamed a “speedy…
NEW YORK SPEEDY TRIAL – Part 3 – What must the prosecution do to validly answer ready for trial
We have been writing about the importance of New York’s Speedy Trial statute to experienced criminal defense lawyers and how we have had serious cases dismissed based upon the denial of a speedy trial. In our previous blog, we discussed the fact that New York’s Speedy Trial statute is not…
NEW YORK SPEEDY TRIAL – Part 1
As summarized in our recently posted New York Speedy Trial web page, the New York Criminal Procedure Law contains a statutory speedy trial requirement which is separate and apart from the constitutional right to a speedy trial and which is a very valuable tool in the arsenals of experienced criminal…
New York Traffic Ticket attorney’s Tilem & Campbell announce a $195 summer blow-out special for Traffic Ticket Defense
The Westchester law firm, Tilem & Campbell has announced a summer special for Westchester Traffic Ticket Defense and Rockland Traffic Ticket Defense. This sale is thought to be the lowest cost traffic summons defense in the entire region. Anyone who contacts Tilem & Campbell before August 31, 2011 who mentions…
A Summons Issued by a Local Criminal Court or Superior Court in a Criminal Case is Not an Appearance Ticket [People v. Hauben, 12 Misc. 3d 1172A; People v. Eckert, 117 Misc. 2d 504 ]
In New York, judges may not issue appearance tickets. Judges can issue warrants for one’s arrest or a criminal summons. Appearance tickets can only be issued by a police officer or other public servant authorized by state law or local law enacted pursuant to the provisions of the municipal home…
A SPEEDING TICKET CAN BE DEEMED AN “APPEARANCE TICKET” UNDER NEW YORK LAW
In New York, for certain minor offenses, such as speeding, misdemeanor drug offenses or Leaving the Scene of an Accident the police (or other authorized public servant) can issue and serve a person an appearance ticket in lieu of arrest or, if they arrest the person, they can issue an…
LOCAL CRIMINAL COURT CAN DISMISS AN APPEARANCE TICKET IF THE POLICE OFFICER FAILS TO SUBSEQUENTLY FILE THE REQUIRED ACCUSATORY INSTRUMENT BY THE RETURN DATE [Snead v. Aegis Secur., Inc., 105 A.D.2d 1059]
In New York, where a police officer issues a defendant an appearance ticket for a crime such as Reckless Driving or Possession of Marihuana directing that defendant is to appear in a local criminal court on a future date, the police officer is supposed to file, or cause to be…
WHERE A DEFENDANT APPEARS IN A LOCAL CRIMINAL COURT AS INSTRUCTED IN AN APPEARANCE TICKET, THE COURT DOES NOT ACQUIRE JURISDICTION OVER THE DEFENDANT IF AN ACCUSATORY INSTRUMENT HAS NOT BEEN FILED [People v. Stirrup, 91 N.Y.2d 434]
In New York, a police officer can issue a defendant an appearance ticket also referred to as a “Desk Appearance Ticket” or “DAT” instead of formally arresting that defendant where the charge is a non-criminal offense, a misdemeanor or most E felonies. CPL 150.20(1). Before the defendant appears in court…