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Field Sobriety Test

Can a Driver Refuse a Field Sobriety Test in New York?

by | 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...
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Bail Reform

Understanding New York’s Bail Reform Laws

by | 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....
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Concealed Carry

Understanding the New Concealed Carry Laws 

by | 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,...
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plea bargain

Plea Bargain Consequences

by | 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...
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Exclusionary Rule

What is the Exclusionary Rule?

by | 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...
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miranda warning

What is a Miranda Warning?

by | 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...
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police search home

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

by | 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...
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police search

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

by | 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...
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self-defense

Self-Defense in NY

by | 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...
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D'Emilia - lighting firework

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

by | 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...
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