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Articles Posted in CRIMINAL PROCEDURE

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

New York criminal defense lawyers, especially those that handle New York gun possession cases, know that New York has some of the most onerous laws restricting the possession, ownership and use of weapons of all types. This blog presents a brief overview of Criminal Possession of a Weapon in the…

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NEW YORK SENATE GOVERNOR AND ASSEMBLY REACH DEAL ON REPEALING ROCKEFELLER DRUG LAWS

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…

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While New York Drug Laws and Many Other State’s Laws Consider Crack Cocaine and Powder Cocaine the Same Drug, Federal Drug Laws Do Not.

Currently, Tilem & Campbell has one appeal pending before the United States Court of Appeals for the Second Circuit challenging the constitutionality of the previously discussed 100:1 powder cocaine v. crack cocaine sentencing discrepancy. Tilem & Campbell has another Federal Narcotics case for which it is preparing the appeal now.…

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Crack Cocaine Mandatory Minimums: Congress, President Elect Obama, Vice President Elect Biden, Incoming Secretary of State Clinton, the Chairman of the House Judiciary Committee Rep. John Conyers, Jr Have Either Sponsored or Cosponsored Bills Abolishing

As experienced New York and Federal criminal defense lawyers, we keep track of changes and proposed changes in the law that may effect our clients. When appropriate, and as part of the effort of our effort, though this blog to educate the public, our clients and our friends, we post…

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SENTENCING: A JUDGE MAY NOT ENHANCE A SENTENCE BASED UPON FACTS NOT ADMITTED BY THE DEFENDANT NOR FOUND BY A JURY BEYOND A REASONABLE DOUBT.

The case of Blakely v. Washington decided in 2004, significantly changed New York and Federal sentencing and substantially altered the way experienced criminal defense lawyers handled their most serious cases. It also led to the change in the once mandatory federal sentencing guidelines to a system that is now now…

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