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Can a Driver Refuse a Field Sobriety Test in New York?
by Paul D'Emilia | January 25, 2023 | DWI, DWI, Insights, Legal Tips | 0 Comments
In a case where a driver is suspected of operating their vehicle under the influence of alcohol, a preliminary breath test isn’t the only test a police officer might ask to administer. Part of the arrest process may include conducting field sobriety tests. These types...

Understanding New York’s Bail Reform Laws
by Paul D'Emilia | December 12, 2022 | Legal Tips, Legal Tips | 0 Comments
New York’s controversial cashless bail legislation eliminated the use of cash bail for all but the most serious felonies and misdemeanors. The law, which was passed in 2019, has had a sweeping impact on the state’s criminal justice system over the last three years....

Understanding the New Concealed Carry Laws
by Paul D'Emilia | December 8, 2022 | Gun Laws, Legal Tips, Legal Tips | 0 Comments
On September 1, 2022, a new concealed carry law went into effect in New York following the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. Holding that New York’s “proper cause” requirement violated the Second Amendment,...

Plea Bargain Consequences
by Kendra Monte | August 3, 2021 | Legal Tips, Legal Tips | 0 Comments
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 the Exclusionary Rule?
by Paul D'Emilia | July 6, 2021 | Legal Tips, Legal Tips | 0 Comments
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...

What is a Miranda Warning?
by Kendra Monte | June 1, 2021 | Legal Tips, Legal Tips | 0 Comments
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...

What You Need To Know If Police Want to Search Your House
by Paul D'Emilia | November 6, 2020 | Legal Tips, Legal Tips | 0 Comments
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...

Pulled Over In NY? Know 7 Quick Tips About Police Searches
by Kendra Monte | October 23, 2020 | Legal Tips, Legal Tips | 0 Comments
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...

Self-Defense in NY
by Kendra Monte | September 9, 2020 | Legal Tips, Legal Tips | 0 Comments
Understanding how self-defense is governed in New York is critical for residents and visitors. D’Emilia Law has successfully defended against criminal charges of assault, manslaughter, or even murder by demonstrating clients faced immediate danger and had to protect...

Can You Face Criminal Charges for Fireworks and Quality of Life Offenses?
by Paul D'Emilia | August 18, 2020 | Legal Tips, Legal Tips | 0 Comments
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...