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Firm Articles & Updates

4 Basics of the Fourth Amendment’s Exclusionary Rule

The Fourth Amendment to the United States Constitution and the vast body of search and seizure law is important in criminal defense generally, and in drug cases in particular. As attorneys, we always pay close attention to the manner in which evidence against our clients was obtained.

Attacking Key Evidence at DWI Trials

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. Sources of Prosecution Evidence in DWI Case The arresting officer’s testimony is a key component of the evidence typically presented at a DWI trial, along with any dash cam evidence and field and/or chemical test results. If all of that evidence is not in place the...

Deciding to Consent to Field Sobriety Testing

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. Refusing is Up to the Driver: But Refusing is Rarely Helpful You do not necessarily have to consent to take the field sobriety tests in New York State; that decision is completely up to the driver. However, I generally tell my clients that if they do not cooperate they are essentially...

Common Mistakes Made by Law Enforcement When Investigating DWI in New York

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. There are many mistakes that are commonly made by law enforcement when investigating DWI crimes. For instance, officers commonly, and mistakenly believe that crossing the fog line is a reason to stop a vehicle for an alcohol-related offense, but that is not so. There have been...

Overview: Criminal Possession of Controlled Substance (CPCS)

The elements of a Criminal Possession of Controlled Substance (CPCS) charge may be simply stated as: the person knowingly and unlawfully possessed a controlled substance. Nevertheless, the drug laws are complex and defending a drug case involves many factors related to the amount of the substance, the type of substance, and many procedural issues often related to the search and how the person finds themselves facing the charge.