All charges dismissed
Client found passed out in driver’s seat of his car with keys allegedly in ignition in Manhattan. Client charged with 2 counts of Driving While Intoxicated [1192(2) & 1192(3)] and 1 count of Driving While Ability Impaired [1192(1)].
Charges Reduced
Client charged with Grand Larceny in the Third Degree, a violation of Penal Law § 155.35 – a class “D” Felony and was facing 7 years in State prison.
Charges Dismissed
Client charged with Criminal Possession of a Weapon in the Second Degree. The loaded firearm was found in client’s trunk during a routine traffic stop in the Bronx. Client was in the process of traveling from one state where the firearm was legal to another state where the firearm was legal. We defended the case using the Federal Travelers Defense which provides a federal defense to State firearms laws.
Charges Reduced
Client charged with Criminal Possession of a Weapon in the Second Degree (PL 265.03). The charge was a Class “C” Violent Felony Offense and the client was facing a possible 15 years with a mandatory minimum sentence of 3½ years in State prison. Furthermore, at the time of his arrest, the police seized approximately $19,000.00 from the defendant’s home.
Client’s application for an insurance adjuster’s license was denied by the New York State Department of Insurance because client had a prior felony conviction for Grand Larceny stemming from his embezzlement of $250,000 from an insurance company.
Tilem & Associates prepared an exhaustive and detailed appeal of the denial, which stressed the client’s exemplary life since the time of his conviction. Tilem & Associates also relied heavily on New York Correction Law § 752 which prohibits unfair discrimination against persons previously convicted of one or more criminal offenses as well as New York Correction Law § 753 which codifies New York’s policy “to encourage the licensure and employment of persons previously convicted of one or more criminal offenses”. Furthermore, our client had obtained a Certificate of Relief From Civil Disabilities which established a statutory presumption of rehabilitation. Correction Law § 753(1)(a)
After a one day hearing during which the State investigator admitted on cross-examination that he only considered the applicant’s prior conviction in making his determination to deny the application, the decision to deny the application was reversed and the client ultimately was granted an insurance adjuster’s license.
Charges Dismissed
Client charged with driving with a suspended license, Criminal Possession of a Firearm in the Third Degree and Possession of Marihuana in Brooklyn. Police claimed they stopped client’s vehicle for no seat belt and that he did not have a license. Police claimed that wife offered to get his license which was upstairs in their apartment but that she took too long and so they went up to the apartment to get her. Police claimed that they smelled marihuana coming from the apartment and that the wife consented to a search during which they found a gun. Client, wife, daughter and independent witness all testified during a suppression hearing that client was arrested in the building and had not been driving.
Won Judgment
Client sold beverage distributor business to defendant who signed a note and guaranty. Defendant failed to pay on the Note. We filed a Summons and Notice of Motion in Lieu of Complaint and won a judgment for the full amount of the lawsuit in several months.
Went with the New York City Sheriff to the warehouse and seized hundreds of thousands of dollars worth of beverages, cash, vehicles and office equipment to satisfy the judgment.
Policy Recovered
Tilem & Associates was retained by a wheelchair bound client when First United refused to pay him the proceeds of a life insurance policy.
Tilem & Associates obtained the full face value of the policy in less than one month.