New York Criminal Attorney Blog

New York City Bans Items that are Common and Lawful Most Other Places in New York State and in the Country.

May 24, 2009 | Jasmine Hernandez

New York City Administrative Code §10-131 prohibits the possession of common items which are lawful in most other parts of New York State and the Country. As a criminal defense attorney with experience in so many different weapons offenses I see many clients who innocently bring these items into New York City and find themselves facing extremely serious criminal charges.

A brief list of the items banned in New York City is as follows:

1. Air Pistols and Air Rifles. The Sale and possession are illegal in New York City pursuant to 10-131(b).

Up to 8 Cases of Swine Flu Spark Fear on Riker’s Island

May 20, 2009 | Tilem & Associates

With four confirmed cases of swine flu on Riker’s Island and 4 probable cases, fear has gripped both inmates and corrections officers alike who are confined on Riker’s Island. The scare has already disrupted visits and Court appearances in New York City criminal courts and will likely get worse before it gets better. The situation is so bad that the union representing the corrections officers has filed a letter of complaint with the Department of Labor. For families of inmates in the massive New York City Jail system the outbreak means that visits will likely be canceled in many jails. In addition movement within the jails may be curtailed. If you or a loved one are currently confined on Rikers Island or any New York City Jail contact one of the experienced criminal defense lawyers at Tilem & Campbell.

WESTCHESTER COUNTY DA ANNOUNCES RESULTS OF UNDERAGE DRINKING STINGS

May 19, 2009 | Jasmine Hernandez

Westchester County District Attorney Janet DiFiore announced the results of a three month sting operation which used underage criminal justice students to purchase alcohol at bars, restaurants and liquor store. The sting resulted in the arrest of 28 people but also demonstrated that establishments enforced the drinking age 81% of the time. The 28 people arrested were charged with selling alcohol to minors.

During this season when Proms, graduation parties and Memorial Day Weekend parties are in high gear it is important to remember the potential consequences of underage drinking and especially of underage drinking and driving. New York has a “zero tolerance” for people under 21 years of age driving with any alcohol in their system. In addition, New York imposes enhanced, severe penalties for minors who drink and drive.

If you or a loved one has been charged with an alcohol related offense in New York, contact one of the attorneys at Tilem & Campbell.

POLICE STEP UP SEAT BELT ENFORCEMENT

May 18, 2009 | Jasmine Hernandez

Local, County and New York State Police begin their annual “click it or ticket” campaign today which means an increase in seat belt tickets across the State and the Region. The increased enforcement will take the forms of patrols and checkpoints and will likely lead to an increase in traffic tickets of all kinds. In addition to the New York State Police, County and local police in Westchester, Rockland, Orange Counties and beyond are expected to participate. The program is scheduled to last two weeks.

While Seat belt violations in New York carry no points and a fine of $50, it is important to remember that no seat belt or child restraint for a child less than 16 years of age carries 3 points per violation in New York. In addition, Police will be looking for other violations such as speeding, unsafe lane change, failure to signal and equipment violations as they patrol so drive carefully.
If you receive a traffic summons contact us DrSUMMONS.com or 877-DRSUMMONS

DWI REFUSAL HEARINGS IN NEW YORK

May 11, 2009 | Jasmine Hernandez

Anyone arrested for Driving While Intoxicated in New York should be offered an opportunity to submit to a chemical test of their blood, breath or urine. If an offender refuses the chemical test in New York their license may be revoked for a period of one year regardless of whether or not they are ultimately convicted of DWI (Driving While Intoxicated) or DWAI (Driving While Ability Impaired). Due process requires that before your license can be revoked for one year, a hearing must be held to determine whether or not you refused to submit to a chemical test. Experienced criminal defense lawyers who handle DWI cases are aware of the value of these hearings to their clients.

A New York, DWI refusal hearing is conducted by a DMV (Department of Motor Vehicles) administrative law judge who must find that several factors occurred:

1. That there was reasonable cause (probable cause) for your arrest for DWI, DWAI or any violation of section 1192 of the Vehicle and Traffic Law,

NEW YORK MAY SOON REQUIRE IGNITION INTERLOCKS FOR ALL DWI OFFENDERS

May 7, 2009 | Jasmine Hernandez

New York State may be the 11th State in the United States to make ignition interlock devices mandatory vehicles owned by people convicted of drinking and driving (DWI) even if it is their first conviction. The device can detect alcohol in a driver’s breath and prevents the car from starting if alcohol is detected. The proposal made by two Long Island legislators, Senator Charles J. Fuschillo, Jr. and Assemblyman Harvey Weisenberg is already gaining steam in Albany where it has already passed the Senate Transportation Committee. The ignition interlock legislation has passed the Senate before but has not gotten through the New York State Assembly.

While the legislation is popular, its effectiveness is questionable since it only works on the offender’s car and he could obviously drive any car including a rental, a friend’s car or a family member’s car. In addition, anybody could blow into the device thus permitting the intoxicated driver to operate the car.

As experience New York DWI attorneys know, this legislation will add another collateral consequence to a long list of consequences of New York DWI convictions. This list already includes: offenders having a criminal conviction, fines, surcharges, insurance consequences, Driver Responsibility Assessment and license revocation in addition to possibility of jail, probation, conditional discharge, mandatory attendance at a victim impact panel and revocation of offender’s registration.

ARE YOU ENTITLED TO A SUPPORTING DEPOSITION WHEN ISSUED A NEW YORK TRAFFIC TICKET?

May 3, 2009 | Tilem & Associates

Unless your New York Traffic Ticket was issued in New York City, Buffalo and parts of Suffolk County you are entitled as a matter of law to a supporting deposition on all moving violations (including: speeding, red lights, tailgating, unsafe lane change and failure to signal) . You must however, ask for it.

As experienced New York traffic court lawyers, demanding a supporting deposition from the complainant/police officer is one of many tools in our arsenal to help us successfully fight traffic violations. While it is clearly not the right tactic in every case, it can be an effective, although procedurally difficult tactic.

New York Criminal Procedure Law § 100.25(2) provides that a defendant charged by a simplified information is, upon a timely request, entitled as a matter of right to a supporting deposition of a complainant police officer and that upon such a request, a court must order the officer to serve a copy of the same within 30 days of the date such request is received by the court, or at least five days before trial, whichever is earlier. N.Y. CPL § 100.25(2).

TILEM & CAMPBELL IN THE NEWS – LAWSUIT AGAINST SPRING VALLEY POLICE ANNOUNCED

April 27, 2009 | Tilem & Associates

New York Law firm Tilem & Campbell is in the news again after filing a federal civil rights law suit brought against the Village of Spring Valley, New York, the Village Police Department, the Building Department and several detectives. The article originally published in the Rockland County Journal News has been picked up on several national websites.

The suit alleges that the detectives intervened on behalf of a tenant who was claiming that a landlord owed him money. The detectives used a ruse to lure the individual to a building and then used threats, intimidation and the threat of an illegal building inspection to compel the individual to pay money to the tenant.

The suit names individuals Det. Roxanne Lopez, Det. Ted Hughes and Det. John Beltempo as well as Assistant Building Inspector Manny Carmona and Building Inspector Joseph Jacaruso. Tilem & Campbell asks that any one with information of misconduct by any of these individuals contact the law firm.

NASSAU COUNTY ANNOUNCES INITIATIVE TARGETING AGGRESSIVE DRIVERS

April 26, 2009 | Jasmine Hernandez

Nassau County Police have announced an initiative targeting “aggressive drivers” on Nassau County roads, beginning tomorrow. While details of the initiative have not been released the program is likely to result in the issuance of additional tickets for such New York traffic violations as speeding, tailgating, passing a red light, unsafe lane change, failure to signal, unsafe passing, the failure to obey traffic control devices and failure to yield right of way in Nassau County.

These types of violations all carry points and can lead to higher insurance costs as well as fines and imposition of the driver responsibility assessment. Nassau County traffic violations are handled in the Traffic and Parking Violations Agency (TPVA) which is located at 16 Cooper Street in Hempstead
If you have any questions about fighting traffic violations in Nassau County or anywhere else in New York contact us or visit us at drsummons.com or 877-DR-SUMMONS (377-8666).

NEW YORK TRAFFIC TICKETS – YET ANOTHER REASON WHY OFFICERS/TROOPERS SHOULD NOT PROSECUTE THEIR OWN CASES

April 20, 2009 | Tilem & Associates

Several months back I wrote a series of blogs about officers and troopers prosecuting New York traffic tickets they issue. As an experienced New York Traffic Court attorney, I wrote about why this practice should not be allowed. Recently, I had an experience in one particular Dutchess County court which reaffirms my belief that officers and troopers should not be masquerading as prosecutors.

Simply stated, police officers and state troopers should not act as prosecutors because they operate with no regard for the disciplinary and ethical rules that guide attorney conduct or those acting as attorneys under one of the exceptions promulgated by the legislature. Furthermore, I have personally witnessed State Troopers blatantly violating their own internal rules. I have personally witnessed the questionable (if not outright illegal) practice of State Troopers, with firearms at their side, calling defendants out into the hallway for a “conference”. Like a prison yard roll-call, these troopers turned “prosecutors” call out: “Smith, Jones, Johnson and Lopez, outside in the hall”. Then, with 9mm firearms visible on their sides these troopers turned “prosecutors” “advise” the hapless motorists to plead guilty but to tell the judge they were only going 10 mph over the limit. The troopers turned “prosecutors” then promise that they won’t object to the judge finding them guilty of a lesser speed.

The trooper practice of advising the defendants to plead guilty is border-line criminal. Even if this court were to rule that troopers can act as prosecutors, that does not mean that those troopers can call defendants into the hallway and give them legal advice. (See Jud. Law 478 & 484). This is misdemeanor (See Jud. Law 485). The State Police have a no-plea policy. What then, could they possibly want to talk to the defendant about? There is a no plea policy, right. That means the troopers show up for trial, period.