Insights

While New Yorkers have the Constitutional right to bear arms, the state imposes some of the strictest penalties for gun and firearm crimes in the country. Gun-related offenses are typically charged as violent felonies, and a conviction can come with long-term social, financial, and professional...

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. But it’s not quite so simple. In some...

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 also entitled to a vigorous defense...

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, there are four main categories of...

On Wednesday, December 22, New York Governor Kathy Hochul signed a bill into law that makes producing or using a falsified vaccination card a crime statewide. Referred to as the “Truth in Vaccination” law, the bill was part of a legislative package aimed at improving the state’s response to the COVID-19...

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 establish that the defendant committed...

Selling, duplicating or buying a fake a government-issued vaccination card is a serious offense,  particularly during a global pandemic. COVID-19 vaccination cards are issued by the United States Centers for Disease Control and Prevention (CDC), and there are a variety of crimes that can be prosecuted...

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 favorable the plea deal you’ve been...

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 the exclusionary rule, evidence secured...

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 critical U.S. Supreme Court case,...

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 possession and intent to sell.  As...