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plea bargain

Plea Bargain Consequences

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...
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...
miranda warning

What is a Miranda Warning?

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...
police search home

What You Need To Know If Police Want to Search Your House

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...
police search

Pulled Over In NY? Know 7 Quick Tips About Police Searches

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

Self-Defense in NY

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...
D'Emilia - lighting firework

Can You Face Criminal Charges for Fireworks and Quality of Life Offenses?

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...
black lives matter protest

Protests & Unmarked Cars: Know Your Rights If Arrested

Ordinary people with extraordinary vision can redeem the soul of America by getting in what I call good trouble, necessary trouble. —  Georgia Congressman John Lewis (1940-2020) D’Emilia Law has received criminal defense questions from friends and clients about...
social distance

Five Tips For Avoiding Fines and Charges During NY COVID Reopenings

With each successive phase of reopening in New York State, new guidelines are introduced to curb the spread of COVID-19.  It is understandably difficult for a private citizen or business owner to keep up with these developments. Not everyone lives in the county...
D'Emilia - call 911

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...