Insights

D’Emilia Law is representing a man charged with two counts of assault for throwing an obscene object during a New York Liberty and Dallas Wings basketball game at the Barclays Center in August. The 32 year old Ohio man faces two felony charges of assault for allegedly striking a 12-year-old girl with the...

Driving while intoxicated is a serious offense that can carry severe penalties, including jail time, monetary fines, and license revocation. Since the circumstances surrounding every case are unique, DWIs can be complex. While a knowledgeable attorney can best advise you regarding your case, it’s essential...

D’Emilia Law is representing a 30 year old man in connection with a subway stabbing incident in Grand Central Station involving two other individuals, which occurred in June. The individual was arraigned on charges of attempted murder, assault, and attempted assault. He faces five to 25 years in jail if...

Being arrested for drinking and driving can be stressful — and navigating the legal process can be particularly overwhelming if you are unfamiliar with it. If you’re facing DWI charges, you likely have many questions about the potential consequences and penalties. The following are several of the most...

There are two types of possession in New York drug crimes — actual and constructive. Significantly, constructive possession is an alternative theory to actual possession that allows a person to be charged with a drug-related offense, even if they did not have the controlled substance on their person. If you...

If you’ve been convicted of a DWI, a judge will consider both aggravating and mitigating factors when determining your sentence. Mitigating factors are circumstances that can reduce your level of culpability — and lessen the penalties that might be imposed. It’s essential to have a skillful DWI attorney by...

If you were required to install an ignition interlock device (IID) in your vehicle in connection with a DWI, it’s crucial to comply with the court order. Violating an IID mandate is a serious matter that can be charged as a misdemeanor offense, resulting in jail time and a criminal record. Importantly, it...

Being convicted of a DWI is a serious matter that can come with significant repercussions — and it’s crucial to mount a solid defense. If your DWI case will be going to trial, your criminal defense attorney might want to bring in an expert witness as part of your defense strategy. These individuals are...

Breathalyzers are commonly used by the police when they pull someone over on suspicion they are driving while intoxicated. While these devices measure blood alcohol content (BAC) to determine whether the driver is impaired, there are a number of reasons why they may not always be accurate. Breathalyzers can...

Drug selling and possession offenses are two categories of narcotics crimes that are prosecuted aggressively in New York. While drug possession involves holding a controlled substance for personal use, the criminal sale of a controlled substance refers to selling, exchanging, or giving away of a narcotic....

A breathalyzer is a tool regularly used by law enforcement in New York DWI cases to determine whether a driver’s blood alcohol concentration (BAC) exceeds the legal limit. However, there are certain protocols that must be followed and legal requirements that must be met to ensure that the results are...