INSIGHTS

Home > Archives for Paul D'Emilia
Do You Need an Attorney for a DWI Charge?

Do You Need an Attorney for a DWI Charge?

If you’ve been charged with driving under the influence in New York, you may be wondering whether you should have the representation of an attorney. Critically, being charged with driving under the influence in New York can have a long-lasting impact on your life and...

read more
When is a DWI a Felony in New York?

When is a DWI a Felony in New York?

A DWI can come with serious consequences, especially if you’re facing felony charges. While a first DWI is typically charged as a misdemeanor, there are certain situations in which an offense of driving under the influence can be a felony. For instance, if there are...

read more
Types of DWI Offenses in New York State 

Types of DWI Offenses in New York State 

Being charged with the offense of driving while intoxicated can be stressful and overwhelming. However, it’s important to understand that the consequences you may face can depend upon the facts and circumstances surrounding the DWI — and the specific offense with...

read more
Understanding New York’s Ghost Gun Laws

Understanding New York’s Ghost Gun Laws

New York has some of the toughest firearms laws in the nation. While strict penalties are imposed for possessing an unregistered firearm, legislation was enacted in 2022 that strengthened the state’s laws regarding ghost guns. These types of guns are those that do not...

read more
What is a Search Warrant? 

What is a Search Warrant? 

Most people are aware that the police are usually prohibited from searching a premises or person without a warrant under the Fourth Amendment of the U.S. Constitution. A search warrant is a court order issued for the purpose of authorizing law enforcement to conduct a...

read more
Is a Warrantless Search Ever Permissible?

Is a Warrantless Search Ever Permissible?

The Fourth Amendment to the U.S. Constitution protects individuals from unlawful searches and seizures by law enforcement. As a general rule, before police can search your person, home, or vehicle, they must have probable cause for the search — and obtain a valid...

read more
What is Possession of a Controlled Substance?

What is Possession of a Controlled Substance?

Possession of a controlled substance is a serious crime in New York that can come with severe consequences. Many of these offenses are charged as felonies and can come with a lengthy prison term, steep fines, and long-term ramifications. Not only can a conviction...

read more