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New York Criminal Attorney Blog

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THE FEDERAL 100:1 POWDER COCAINE/CRACK COCAINE RATIO AND THE RESULTING DISPARITY IN FEDERAL MANDATORY MINIMUM SENTENCING FOR COCAINE OFFENSES?

Recently, Tilem & Campbell filed an appeal challenging the constitutionality of the federal statutory mandatory minimum sentences applicable to crack cocaine offenses and the 100:1 powder cocaine vs. crack cocaine ratio. The issues raised in the appeal will be discussed in future blogs as will the United States Supreme Court’s…

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New York Times Reports Sharp Increase in Shoplifting Arrests

On the front page of today’s New York Times, the Times is reporting a sharp increase in shoplifting and shoplifting arrests across the Country. Citing several factors including the weak economy the Times is reporting that shoplifting arrests are up ten to twenty percent over last year. At the New…

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NEW YORK’s VEHICLE PRESUMPTION – NEW YORK DRUG AND NARCOTICS CASES – Marijuana Not Included Part II

As discussed in the previous blog, under certain circumstances, all occupants of a vehicle can be presumed to possess drugs, guns or other weapons found within the vehicle. We also discussed the effect of the presumption on the New York criminal case and went into some detail about the presumption…

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NEW YORK’s VEHICLE PRESUMPTION – KNOW WHO YOU’RE IN THE CAR WITH (AND WHAT THEY HAVE) Part I

New York Criminal Law establishes a presumption that all people in a vehicle are presumed to possess either drugs or guns that are found within the vehicle. What that means is that in New York each and every person inside a car will generally be charged with gun possession or…

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CAN DOCTOR’S EQUIP THEIR VEHICLES WITH RED EMERGENCY LIGHTS AND DISREGARD CERTAIN TRAFFIC LAWS WHEN TRAVELING TO A MEDICAL EMERGENCY? – MAYBE

Imagine you are laying in intensive care in a New York City hospital awaiting a life-saving heart transplant. Without the transplant, you will die. Now imagine a donor heart becomes available; it is flown in by helicopter as the members of your transplant team are notified to head to the…

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NEW YORK FIREARMS AND OTHER WEAPONS CHARGES – PART III – ADDITIONAL DEFINTIONS

If you are charged with a New York gun or New York firearm offense it is imperative that your criminal defense attorney be completely familiar with the legal definitions of relevant terms. These definitions are found in New York Penal Law § 265.00. In this blog I will summarize several…

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NEW YORK FIREARMS AND OTHER WEAPONS CHARGES – PART II – MACHINE GUN

In the introduction of my series of blogs pertaining to firearms, gun possession and other weapons charges, I discussed the need for experienced and competent legal representation. I also explained that Tilem & Campbell’s Senior Partner Peter Tilem was formerly an Assistant District Attorney in Manhattan and worked extensively in…

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NEW YORK FIREARMS, GUN POSSESSION AND OTHER WEAPONS OFFENSES – INTRODUCTION

If you have been charged in New York or in Federal Court with any type of gun possession, firearm offense or other offense involving weapons or dangerous instruments, you must have qualified and experienced legal representation. The stakes are high. In New York, simply possessing a loaded, operable, unlicensed firearm…

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