JUSTICE BEGINS WHEN YOU CALL
JUSTICE BEGINS WHEN YOU CALL
A big question for many criminal defendants is whether they should take the witness stand. Particularly when the defendant is innocent, they often feel compelled to testify in order to tell the jury that they didn’t commit the crime with which they’ve been charged....
If you’ve been charged with a crime, it’s crucial to build a strong case and develop an effective defense strategy. Although facing a criminal accusation can be stressful and overwhelming, it’s important to understand that you are innocent until proven guilty — you’re...
Under the protections provided by the Due Process Clause of the United States Constitution, a defendant in a criminal case is presumed innocent until proven guilty. Importantly, the prosecution must meet a substantial burden of proof to obtain a conviction — they must...
Selling, duplicating or buying a fake a government-issued vaccination card is a serious offense, particularly during a global pandemic. COVID-19 vaccination cards are issued by the United States Centers for Disease Control and Prevention (CDC), and there are a...
In the criminal justice system, specific rules are in place to protect the Constitutional rights of the accused. Courts apply a doctrine known as the "exclusionary rule" to prevent the prosecution from using evidence obtained through illegal search and seizure. Under...
It is important to understand how proposed reforms from the White House can impact current and future NY criminal defendants at the local, state and federal levels. As seasoned NYC criminal defense lawyers, D’Emilia Law is taking note of new approaches to drug...
The NYC criminal defense firm of D’Emilia Law often receives questions from clients about criminal records and how to seal or remove them. We will address some of the most commonly asked questions here and provide some updates. Could you explain the difference between...
While every criminal defense case is different, most follow a similar path in the NY legal system. Every defendant should have a basic knowledge of criminal procedure in the event they are ever arrested or need an NYC criminal defense lawyer. Even if you have...
If there is a criminal case being built against you, the first place police usually search is your home or residence. Events like the March 2020 shooting death of Breonna Taylor—an unarmed Kentucky woman killed while in bed—have put the spotlight on law...
Undocumented immigrants who are arrested in the U.S. will first face criminal proceedings. Their top concern is typically whether or not they will go to jail if convicted. But afterward, they will typically face additional civil proceedings in immigration court....
New York has some of the most intricate gun laws in the United States. You need a handgun license before you can make a purchase, and you then need licenses to carry and conceal a firearm in New York State. If you do not have those licenses, you may be fined and...
It is illegal for unlicensed persons or companies to use or set off fireworks in New York. And though New York State allows for the sale and use of a specific category of consumer fireworks known as Sparkling Devices, it is prohibited in several counties — including...