Being arrested for a DWI can be life-changing. Not only can you lose your license, but a conviction can come with jail time, significant fines, and damage to your reputation. Regardless of whether it’s your first DWI — or your third — it’s critical to have a DWI...
INSIGHTS
Gun Crimes in New York State
While New Yorkers have the Constitutional right to bear arms, the state imposes some of the strictest penalties for gun and firearm crimes in the country. Gun-related offenses are typically charged as violent felonies, and a conviction can come with long-term social,...
What are the Four Main Categories of Criminal Defenses?
If you've been arrested for a crime, it's important to understand that a charge doesn't mean a conviction. The prosecution must prove their case against you beyond a reasonable doubt — and you have the Constitutional right to assert a vigorous defense. Significantly,...
Using a Falsified COVID-19 Vaccination Card Becomes a State Crime in New York
On Wednesday, December 22, New York Governor Kathy Hochul signed a bill into law that makes producing or using a falsified vaccination card a crime statewide. Referred to as the “Truth in Vaccination” law, the bill was part of a legislative package aimed at improving...
Plea Bargain Consequences
If you’ve been charged with a crime, the prosecution may offer you a plea deal. Depending on the circumstances, a plea bargain can provide you with specific benefits such as a lesser sentence — and the certainty of knowing what your penalty will be. But no matter how...
What is a Miranda Warning?
Every individual is afforded certain rights under the U.S. Constitution when arrested and taken into police custody. One of the most important requirements that law enforcement must follow is providing a “Miranda Warning.” The name of this notification comes from the...
How Brady Material Can Help Your NYC Criminal Defense
D’Emilia Law recently secured a favorable criminal defense result in NYC for a client who was arrested for drug charges after he was initially pulled over for a traffic violation. When police searched his car, they allegedly recovered cocaine and he was charged with...
How Jumping Bail Hurts Your Criminal Defense
A critical stage of a criminal defense case is being released from jail while your trial is pending. This is known as being “bailed” or “bonded” out of jail. Bail is the fee a defendant must pay in order to stay out of jail, whereas a bond is posted by someone else on...
Understanding How 30.30 Motions Can Impact Your Criminal Defense
The NYC Criminal Defense lawyers of D’Emilia Law saw firsthand how the COVID-19 pandemic disrupted New York’s legal and judicial system. Its impact on the ability to conduct a speedy trial is one of D’Emilia Law’s top concerns, as many clients’ cases were affected. If...
Four Questions You Should Ask Your NYC Criminal Defense Lawyer
We previously discussed the basic sequence of events involved in a criminal case. We received a lot of feedback from visitors and readers who inspired us to expand on that installment by exploring what defendants should be asking their lawyers. You should hire a NYC...
New York Sex Crime Laws and Updates You Should Know
Criminal charges related to sex crimes and sex offenses are among the most serious in New York State. As former NYC district attorneys, we prosecuted numerous sex abuse cases for more than two decades. We have seen how the laws evolved regarding sex crimes. As a...
Pulled Over In NY? Know 7 Quick Tips About Police Searches
The United States Constitution’s Fourth Amendment guarantees security against unreasonable searches, seizures, and interceptions. In cases where the police have probable cause, they must “describe the place to be searched, and the persons or things to be...