Peter H Tilem’s Answers

Peter H Tilem

White Plains Litigation Lawyer.

Contributor Level 8
  1. What are possible punishments for gun charges in new york

    Answered almost 6 years ago.

    1. Peter H Tilem
    1 lawyer answer

    There is a mandatory minimum of 3 1/2 years for possession of a loaded gun in New York. If the person has a prior felony conviction the minimum can go to 7 years. There are two obvious ways to challenge this case. Firstly, if the gun is under the hood how does the prosecutor prove that the defendant possessed (exerted dominion and control) over the gun and that such possession was knowingly. Second, did the police have a constitutional right to stop, detain and search under the...

    1 lawyer agreed with this answer

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  2. WHAT IS THE STANDARD SENTENCE FOR SECOND DEGREE ASSAULT under NY criminal code

    Answered over 5 years ago.

    1. Oscar Michelen
    2. Peter H Tilem
    2 lawyer answers

    There is no standard sentence. Every case is different and sentences can vary greatly. The maximum sentence is 7 years and there is no minimum. That means you can get probation. You should speak to a lawyer as soon as possible and figure out if you have any defenses.

    3 lawyers agreed with this answer

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  3. NY state criminal code, search warrant, search incident to arrest, consent, plain view

    Answered almost 6 years ago.

    1. Oscar Michelen
    2. Peter H Tilem
    2 lawyer answers

    If you were charged with Unlawful Possession of Marijuana that is a violation and not a crime. As a result under New York State Law the Police Officer would have had to field tested the Marihuana and sent a copy of that field test result down to the Court with the Summons. If he did not do that then the Summons should be dismissed. If you bring a lawyer with you to Court he should be able to get it dismissed since it a violation without a lab report or field test.

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  4. New York criminal procedure, time limit for filing charges for DUI

    Answered over 5 years ago.

    1. Richard D. Willstatter
    2. Oscar Michelen
    3. Peter H Tilem
    4. Michael William Brosnan
    4 lawyer answers

    The simple answer is that the speedy trial clock starts to run from the day you first show up at the courthouse in response to the desk appearance ticket and continues to run until the prosecutor is ready for trial if and when that ever happens. If your son is charged with a misdemeanor and more than 90 days elapse the case can be dismissed if it is ever filed. However, be aware, that if he is charged with DWAI which is a traffic infraction, statutory speedy trial does not apply. Good luck....

    2 lawyers agreed with this answer

  5. Statutory Rape In NY...Using It Against The Man In Child Support and Custody/Visitation

    Answered over 5 years ago.

    1. Peter H Tilem
    1 lawyer answer

    Unfortunately it is not up to her whether to press charges, it is up to the District Attorney's Office and so she cannot agree not to press charges. He is at risk to be prosecuted but depending on what county this is in he may not be indicted even if he is prosecuted and jail is very unlikely. Clearly there are a lot of mitigating factors that can be presented in his favor if he gets charged. He should consult with an experienced criminal defense attorney as soon as possible.

    2 lawyers agreed with this answer

  6. What is the procedure for getting a public defender in state of new jersey

    Answered almost 6 years ago.

    1. Peter H Tilem
    1 lawyer answer

    If your case is in a New York Court you need a New York lawyer (and Vice Versa). You need to tell the Judge that you cannot afford an attorney and he will assign one if you qualify for one. In New York the Judge can assign either a Legal Aid attorney or an 18B attorney, a private lawyer who will get paid hourly by the City to represent you. The Judge may require that you fill out a financial statement before he will give you a free lawyer. If you work, consider talking to local lawyers it...

    2 lawyers agreed with this answer

  7. Seeking criminal defense attorney, public defender in NY state for violation of protection order

    Answered almost 6 years ago.

    1. Oscar Michelen
    2. Peter H Tilem
    3. Carlos Gonzalez
    4. Theodore Perlick Molinari
    4 lawyer answers

    You should be aware that you have the absolute right to represent yourself. I do not think it is a good idea to do so especially on a Charge of Crinimnal Contempt but if you tell the Judge that you want to represent yourself he cannot stop you.

    2 lawyers agreed with this answer

  8. How long can someone be held after being charged and before arraignment

    Answered almost 6 years ago.

    1. Peter H Tilem
    1 lawyer answer

    In New York courts the simple answer is 24 hours. In Federal Courts 48 hours. However, the remedy that you can get from a Court is a Writ of Habeus Corpus which can take some time to prepare and file.

    1 lawyer agreed with this answer

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  9. NY criminal code, sentencing guidelines for conspiracy and racketeering

    Answered over 5 years ago.

    1. Richard D. Willstatter
    2. Peter H Tilem
    3 lawyer answers

    The short answer is the Supreme Court of the United States now requires that any fact (including the quantity of drugs) which is going to increase the sentence must be admitted to by the defendant or proven to a jury beyond a reasonable doubt. The cases involved are Apprendi v. New Jersey, Blakely v. Washington, Booker, ans US v. Manuel Gonzalez. I am working on this issue for another case.

    1 lawyer agreed with this answer

  10. NY criminal code, sentencing guidelines for conspiracy and racketeering

    Answered over 5 years ago.

    1. Richard D. Willstatter
    2. Peter H Tilem
    3 lawyer answers

    The short answer is the Supreme Court of the United States now requires that any fact (including the quantity of drugs) which is going to increase the sentence must be admitted to by the defendant or proven to a jury beyond a reasonable doubt. The cases involved are Apprendi v. New Jersey, Blakely v. Washington, Booker, ans US v. Manuel Gonzalez. I am working on this issue for another case.

    1 lawyer agreed with this answer