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What is the Exclusionary Rule?

What is the Exclusionary Rule?

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...

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NY Criminal Records Sealing: What You Should Know

NY Criminal Records Sealing: What You Should Know

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...

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Immigration and NYC Criminal Defense

Immigration and NYC Criminal Defense

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....

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Three Tips on Gun Laws in NYC and NY State

Three Tips on Gun Laws in NYC and NY State

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...

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Simple Truths About False Reporting

Simple Truths About False Reporting

The May 2020 video of a white woman calling the cops on a black man and claiming he was threatening her life during a verbal encounter at Central Park recently reached its first stage of legal consequences in New York.   The Manhattan District Attorney’s...

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Criminal Defense Tips As New York Reopens

Criminal Defense Tips As New York Reopens

When it comes to criminal defense in New York, the playing field is changing. Due to the COVID-19 pandemic, this transformation will likely continue. The need for criminal defense attorneys may be higher than ever as we enter various phases of reopening in New York State.

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