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Testify at Trial

Should a Defendant Testify at Trial?

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....
Strong Criminal Defense

5 Steps to Building a Strong Criminal Defense

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...
Four Main Categories of Criminal Defenses

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,...
Burden of Proof in a Criminal Case

What is the Burden of Proof in a Criminal Case?

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...
How Brady Material Can Help Your NYC Criminal Defense

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...
criminal record sealed

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...
ask your lawyer

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...
D'Emilia - criminal law

Understanding the Stages of NYC Criminal Defense Cases

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...