Articles Posted in Evidence

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New York State is one of the only states that does not allow for expungement of criminal convictions. However, a new law, Criminal Procedure Law § 160.59, now allows for sealing of more convictions.  Continue reading

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Each and Everyday in New York, people are arrested when the initial contact with the police is from a simple motor vehicle stop. When you find yourself pulled over by the police, this tips will avoid having the situation escalate beyond a traffic stop.  Continue reading

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Often time when accused of a crime or traffic infraction people want to explain their side of the story to defend themselves. This is often not wise, as what people believe will exonerate them often ends up helping the prosecution’s case in convicting them. This is because  Continue reading

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Every single day people confess to the police. It never ceases to amaze me as to why. You should never, ever talk to the police. Period. However, if you don’t believe me,then perhaps you will believe former United States Supreme Court Justice Robert Jackson when he says, “[A]ny lawyer worth his salt will tell the [client] in no uncertain terms to make no statement to the police under any circumstances.” Watts v. Indiana, 338 U.S. 49 (1949).  Continue reading

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At Palumbo & Associates, PC, our law firm settles most speeding and moving violation cases through a plea bargain, a method by which we negotiate with the prosecutor as to what you are going to plead guilty to. A classic example is when a person is charged with speeding, NY VTL Sec. 1180 for doing 75 MPH in a 55 MPH zone, which carries 4 points . Rather then take the case to trial, we’ll negotiate with the prosecution for a parking ticket under NY VTL 1201, Continue reading

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On June 20, 2016, the United States Supreme Court, in Utah v. Strieff, limited your 4th Amendment Right against unreasonable search and seizures by trimming back the branches of the fruit of the poisonous tree doctrine. However, before you can understand what the Supreme Court did and how it effects you, you need to understand  Continue reading

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You’re pulled over in a traffic stop, but you weren’t driving. The police start to question you, ask for your ID, and ask to search you. Do you have to comply? What are your rights? Do passengers face the same requirements as those behind the wheel? Continue reading

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The New York State Assembly is proposing a bill, sponsored by New York State Senator Terrence Murphy, to allow the police the right to electronically search your mobile phone with a device called a “Textalyzer” to determine if you were using it during a motor vehicle accident. Such inspection would be without a search warrant and as the bill is proposed now only subsequent to an accident. Refusal to surrender a mobile device in your possession for this inspection to the police will result in a suspension of your driver’s license. The bill is being written akin to the “implied consent” regulation similar to submission to a chemical blood alcohol test after being arrested for DWI.

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Recently my son and I were driving on I-90 in New York State and found ourselves pulled over. He was driving his car and doing the speed limit, so we could not figure out what the problem was. Turns out, the cop was detailed to  Continue reading

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One of the main decisions you will make after deciding to fight a ticket is to decide whether to retain counsel or go it alone, known in the legal business as being pro se, which is a fancy Latin term for representing yourself in court.

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