Sentencing is one of the most challenging aspects of any trial, and perhaps the most critical part of the legal process when it comes to how significantly the matter will affect the defendant’s future. At Tilem & Associates, our seasoned New York criminal defense lawyers assist defendants with ensuring that…
Articles Posted in CRIMINAL PROCEDURE
VACATING A CONVICTION AFTER TRIAL PURSUANT TO CPL 440.10 – A COURT MAY VACATE A CONVICTION IF THE KEY WITNESS AGAINST THE DEFENDANT LIED AT TRIAL ABOUT PRIOR CRIMINAL ACTIVITY AND OTHER BAD ACTS
In New York one may file a motion to vacate a conviction even after an appeal was denied. A person convicted of a criminal offense after a trial who has exhausted his appeals may still file what is commonly referred to as a “440” motion back in the original court…
New York’s New Sealing Law Opens Up New Possibilities For Those With Old Criminal Convictions
New York’s new sealing law which authorizes the sealing of up to one felony conviction and two total convictions went into effect in New York last week and is already creating new possibilities for those with old criminal convictions. Up until recently a New York expungement law would be considered…
New York Appellate Court Affirms Denial of New Trial When Defendant Was Wearing Prison Clothes During Jury Selection
Jury selection is one of the most important aspects of any case. At Tilem Law Offices, our seasoned New York gun crime lawyers have handled countless voir dire selection processes and understand just what it takes to make sure that you receive a fair jury. As a recent appellate opinion…
Sealing a Criminal Record in New York Under New CPL section 160.59
As New York Criminal Defense lawyers we are constantly called about expunging old New York Criminal records and over the many years I have been in practice it has been frustrating to inform people whose lives have been forever altered by an old New York criminal conviction that there was…
New York Appellate Court Upholds Assault Conviction, Rejects Defendant’s Justification Defense
When facing a criminal trial, one of the most essential things to understand is whether you are able to assert any defenses to the charges against you. As seasoned New York criminal defense lawyers, we have aided many people in assessing their cases and crafting vigorous defenses. The following recent…
New York Gun Lawyer Mentioned in NRA-ILA Newsletter
In a recent NRA-ILA article about the Stossel documentary that the NRA Institute for Legislative Action suggests supports the need for national concealed carry reciprocity, Tilem & Associates senior partner Peter H. Tilem was quoted and described as a criminal lawyer who represents tourists accused of “innocently violating New York’s…
New York Criminal Jury Trials – Anything Can Happen at a Criminal Trial
As experienced New York Criminal Trial lawyers we understand the risks and potential hazards of going to trial as well as the uncertainty associated with any criminal trial. However, in a recent felony trial that we conducted in Westchester County Court charging six counts of felony assault, some evidence surprised…
New York Appellate Court Reverses Murder Conviction Based on Failure to Excuse Unqualified Juror
A New York appellate court recently considered in an opinion whether a trial court committed a reversible error when it failed to discharge a sworn juror who, after four days of deliberations, indicated multiple times that she was unable to “separate [her] emotions from the case.” The juror also stated…
New York’s Highest Court Rules Analysis of License Plate in DMV Database Without Reasonable Suspicion Does Not Constitute an Unlawful Search
In a recent New York court opinion, the court analyzed whether a police officer can enter a license plate into a government database to check for any suspensions, outstanding violations, and the registration of the vehicle without first developing any suspicion that the vehicle was engaged in criminal activity. More specifically,…