Insights

Home > Insights

Plea Bargain Consequences

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 favorable the plea deal you’ve been...

read more
What is the 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 the exclusionary rule, evidence secured...

read more
What is a 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 critical U.S. Supreme Court case,...

read more
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 possession and intent to sell.  As...

read more
How Jumping Bail Hurts Your Criminal Defense

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 the defendant’s behalf. The bail or...

read more
Understanding How 30.30 Motions Can Impact Your Criminal Defense

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 you were (or are) criminally charged...

read more
NY Criminal Records Sealing: What You Should Know

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 expungement and record sealing? An...

read more
Understanding the Stages of NYC Criminal Defense Cases

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 never been arrested before, this...

read more
New York Sex Crime Laws and Updates You Should Know

New York Sex Crime Laws and Updates You Should Know

Criminal charges related to sex crimes and sex offenses are among the most serious in New York State.  As former NYC district attorneys, we prosecuted numerous sex abuse cases for more than two decades. We have seen how the laws evolved regarding sex crimes. As a defense firm staffed with NYC sex...

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

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 enforcement. Many are asking about the legal way...

read more