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5 Reasons You Need a DWI Defense Attorney
Being arrested for a DWI can be life-changing. Not only can you lose your license, but a conviction can come with jail time, significant fines, and damage to your reputation. Regardless of whether it’s your first DWI — or your third — it’s critical to have a DWI defense attorney on your side. Here are the...
Gun Crimes in New York State
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...
Should a Defendant Testify at Trial?
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...
5 Steps to Building a Strong Criminal Defense
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...
What are the Four Main Categories of Criminal Defenses?
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...
Using a Falsified COVID-19 Vaccination Card Becomes a State Crime in New York
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...
What is the Burden of Proof in a Criminal Case?
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...
Understanding NYC Criminal Charges For Buying & Selling Fake Vaccination Cards
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...
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...
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...
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,...
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...