In a recent opinion from a New York court involving a New York gun case, the defendant’s motion to suppress was denied. The defendant was convicted of gun possession in the third degree and filed a motion to suppress the gun found in his coat pocket during the initial 40…
Recently, a state appellate court issued an opinion reversing a lower court’s decision which denied a defendant’s motion to suppress the drugs that were recovered in a New York drug case. The case involved a traffic stop conducted by police officers who were investigating information that a vehicle would be…
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…
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…
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…
It is currently rumored that Governor Andrew Cuomo will resign effective in two weeks. While we have not been able to confirm this with any news source, we believe this to be the case. To be sure Governor Cuomo has been no friend to law abiding gun owners. The SAFE…
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…
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…
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…
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.…