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New York Criminal Attorney Blog

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What Happens If You Don’t Comply with a Conditional Plea Agreement in a New York Criminal Case?

One of the benefits of working with an experienced criminal defense attorney is that your attorney will often be able to work out a deal with the prosecution. Negotiated plea agreements vary widely, depending on the circumstances, however, the general idea is that you should receive a benefit for accepting…

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A POLICE OFFICER RESPONDS TO OUR LAST BLOG ABOUT HANDCUFFING A LICENSED GUN OWNER

A very close friend of mine who is a retired police officer wrote me a very interesting response to our last blog about whether it is lawful to handcuff a licensed gun owner while an officer verifies the validity and authenticity of a gun license.  I know this retired officer…

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MAY A POLICE OFFICER HANDCUFF A LICENSED GUN OWNER WHILE HE VERIFIES THE AUTHENTICITY OF THE GUN LICENSE?

As the providers of the only pre-paid legal service for gun owners in New York, NY TAC DEFENSE, we are constantly monitoring the law as it pertains to gun ownership in New York.  A recent Connecticut case, decided earlier in the week, is worthy of reporting since Connecticut is in…

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Court Grants Defendant’s Motion to Suppress in New York Child Abuse Case After Violation of Defendant’s Right to Counsel

Recently, a state appellate court issued an opinion in a New York child abuse case requiring the court to determine if an interview conducted by a child protective services caseworker was in violation of the defendant’s right to counsel. Ultimately, the court determined that the interview was indeed a violation…

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Court Grants Defendant’s Motion to Suppress Based on Officers’ Contradicting Testimony

Recently, a state appellate court released an opinion in a New York gun case requiring the court to determine whether it was legal for officers to obtain the defendant’s gun, ammunition, and DNA evidence after a police pursuit. Ultimately, the court determined that the officers gave contradicting testimony about the…

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New York Drug Conviction Reversed After Court Deems Search Illegal

The Fourth and Fourteenth Amendments to the U.S. Constitution prohibit law enforcement officers from unreasonably searching or seizing persons or property from citizens in the United States. This is an issue that should be explored by criminal defense lawyers who represent those charged with possessing contraband such as drug offenses…

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New York Supreme Court Refuses to Suppress Drug Evidence Seized in a U.S. Mail Package

Law enforcement agencies are prevented from performing unreasonable searches of members of the public or their property by the Fourth and Fifth Amendments of the U.S. Constitution. These constitutional protections extend to areas where a person has an expectation of privacy, including items that have been mailed through the U.S.…

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Court Addresses “Fellow Officer” Rule In New York DWI Case

A New York court recently issued an opinion addressing several questions stemming from a defendant’s New York driving while intoxicated charges. Amongst several issues, the court addressed whether New York’s fellow officer rule applied to the facts of the accused’s case. According to the record, a police sergeant received a…

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