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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...
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...
Will Proposed Federal Reforms to Drug Crimes and Sentencing Impact Your Case?
It is important to understand how proposed reforms from the White House can impact current and future NY criminal defendants at the local, state and federal levels. As seasoned NYC criminal defense lawyers, D’Emilia Law is taking note of new approaches to drug crimes and sentencing – which often go...
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...
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...
Four Questions You Should Ask Your NYC Criminal Defense Lawyer
We previously discussed the basic sequence of events involved in a criminal case. We received a lot of feedback from visitors and readers who inspired us to expand on that installment by exploring what defendants should be asking their lawyers. You should hire a NYC criminal defense lawyer you trust to...
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...