Law Office of Bryan E. Cameron Law Office of Bryan E. Cameron 2026-10-30T17:10:54Z https://www.lawofficecameron.com/feed/atom/ WordPress /wp-content/uploads/sites/1503980/2020/02/cropped-512-32x32.png On Behalf of Law Office of Bryan E. Cameron <![CDATA[Could eyewitness testimony lack credibility?]]> https://www.lawofficecameron.com/?p=47523 2026-10-16T16:22:34Z 2026-10-16T15:31:50Z A star witness for the prosecution could make things uncomfortable for a defendant. Not every witness that makes statements in a New York courtroom is credible, though. Eyewitness testimony and evidence might suffer from flaws. Such flaws may be so egregious that a prosecutor's case ends up falling apart. Eyewitness testimony is sometimes far from perfect and, possibly, not true.

The trouble with eyewitness testimony

One problem with eyewitness testimony centers on people suffering from faulty memory or misjudging what they saw. Security camera footage may reveal someone entered a building at a specific time. The footage shows the person's face clearly, and there are no mistakes about who the person is. A person trying to recollect the events may sincerely believe he or she saw a specific person enter the premises at a particular time. However, a strong alibi suggests the witness is mistaken entirely. Hence, the testimony may lose significant value. Other issues could arise that cast doubts on witness testimony. An older person may suffer memory issues or misremember details, for example. Problems with the testimony may render it dubious.

The flaw of human memory in criminal prosecution

District attorneys often rely heavily on eyewitness testimony to prove guilt beyond a reasonable doubt because it can seem like direct evidence. However, human memory does not work like a video camera that records events perfectly.  Instead, memory is reconstructive and can become distorted over time. In addition, when a person experiences a stressful event or sees a weapon, the shock can greatly reduce their ability to remember important details.

Scientific factors that undermine witness credibility 

There are several elements that can affect eyewitness testimony, making it less reliable than people often assume. Even when a bystanders believes they are telling the truth, memory can change over time and be influenced by the following conditions:
  • Time delays: Long gaps between the event, police interviews and court testimony can weaken memory and replace details.  
  • Obstructions and poor conditions: Low light, distance or hearing problems can reduce what someone notices at the time.  
  • Inattention and distraction: People may miss key actions when things happen fast or without warning.  
  • Bias and grudges: Personal motives and old disputes can shape how a witness understands what happened.  
  • Influence: Leading questions, biased photo lineups or flawed police steps can change what a witness remembers.
For these reasons, courts must consider eyewitness accounts carefully and alongside other evidence to get a more accurate view of the incident.

Mistaken identity vs. intentional perjury and coercion

Witnesses can also give false information for different reasons through an honest mistake or by committing perjury. Sometimes a person can truly believe they saw the right suspect, but poor lighting, stress or a brief look at the event can lead to mistaken identity. In other cases, a witness may lie on purpose.  False statements can also happen when police use coercion or other aggressive methods to push someone into saying it. Digital evidence like video footage and phone recordings can often show what really happened and help reveal whether the bystander’s error was honest or intentional.

Falsehoods on the stand

Situations may arise when a witness outright lies. Reasons for providing false testimony will vary. Some witnesses could lie to draw attention away from wrongdoing. Others could hold a personal grudge against the defendant. Regardless, a person providing false testimony might make inconsistent statements that destroy credibility. Hopefully, the court sees through the falsehood. Did the police coerce a witness into making false statements? If so, then the testimony may get thrown out, and law enforcement personnel could be the next to face charges. A criminal defense attorney could challenge eyewitness testimony and accounts. The attorney may also advise the client of options when the witness' testimony appears to fall apart.

How defense attorneys challenge witness testimony in court

A lawyer can use cross-examination to point out inconsistencies in a witness’s statements and show that the story has changed over time. In New York, defense attorneys can also challenge unfair or suggestive police lineups at a Wade hearing. They may also bring in expert witnesses to explain how memory can fail, how cross-racial identifications can cause mistakes and how stress can affect memory. Eyewitness testimony can sound convincing, but it is not always accurate. By exposing its weaknesses, a skilled defense attorney can reduce the impact of a star witness and help ensure the verdict has a basis on reliable evidence, not assumptions. For those facing a criminal case that hinges on an identification, seeking legal guidance early can make all the difference.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[What is a burglary charge? Definition, legal elements and penalties]]> https://www.lawofficecameron.com/?p=47931 2026-10-09T19:13:03Z 2026-10-08T21:38:48Z Quick definition and key elements
A burglary conviction can carry prison time and heavy fines, depending on how the defendant entered. This article explains the legal elements of a New York burglary charge, how New York classifies the offense into different felony degrees and the potential defense strategies available to challenge the prosecution's case.
If you enter a structure without permission, you may face criminal charges. However, a New York prosecutor must prove several elements to convict you.

The legal elements of burglary explained

Under New York Penal Law, third-degree burglary requires a person to knowingly enter or unlawfully remain in a building or structure with the deliberate purpose of perpetrating an offense.

Unauthorized entry or remaining

The first element of a burglary charge is that you entered or remained in a dwelling or building without authorization. You do not need to enter by force to face charges for this crime. You don't need to break in; entering an unopened entrance can still qualify as burglary. The law generally defines unlawful entry or remaining as doing so without license or privilege, such as staying after hours or trying to access areas closed to the public.

Structure, dwelling or conveyance

The law may also define a building as a watercraft used for overnight lodging, a school or a business. Second-degree burglary charges may apply if the building is a dwelling, which is a structure a person occupies for lodging at night.

Intent to commit a crime

The other key element of burglary is the intent to commit a crime while inside a home, office building or boathouse. For instance, entering a neighbor's house with the intent to steal would generally constitute burglary. However, simply entering a neighbor's home with the intent to assault someone or to damage their property intentionally would likely be enough to justify a burglary charge.

Burglary vs. robbery vs. theft differences

Larceny or theft is not necessary to justify a burglary charge. These charges may apply to other crimes such as assault or criminal mischief. In addition, the law makes possession of burglary tools a Class A misdemeanor.

Degrees of burglary and associated penalties

New York classifies burglary into three felony classes. New York Penal Law defines a felony as an offense that may carry a term of imprisonment of more than one year. If convicted of a burglary charge, a judge may sentence you to jail or prison time, a fine or other penalties. The law categorizes burglary charges into the following three degrees:
  • Burglary in the third degree: This is the least serious charge and qualifies as a Class D felony.
  • Burglary in the second degree: This qualifies as a Class C felony. Burglary aggravates to second-degree charges if any participants are armed with explosives or a deadly weapon, injure a non-participant, threaten the immediate use of a dangerous instrument or display anything resembling a firearm.
  • Burglary in the first degree: This is the most serious charge, qualifying as a Class B felony. Anyone accused of knowingly entering a dwelling and committing any of the aforementioned acts may need a criminal defense strategy for first-degree burglary charges.
The severity of the penalties depends on the charge's specific degree.

Common defenses against burglary charges

Challenging the prosecution's evidence about your intent may help you achieve a better result. You may be able to use several criminal defense strategies to cast doubt on the government's allegations. A defense strategy could argue that you had permission to be wherever authorities found you when they arrested you. It may also be possible to argue that you had no intention to commit a crime by force, by persuasion or by any other means. It may be possible to avoid these penalties by suppressing evidence before a trial in an effort to weaken the case against you. It may also be possible to cast doubt on witness testimony or other evidence that the court allows into the trial.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[Drug courts in New York]]> https://www.lawofficecameron.com/?p=48354 2024-08-06T19:15:41Z 2024-08-06T19:15:18Z over 100 drug courts across the state, these courts aim to help individuals heal while also reducing the likelihood of them committing additional crimes. They have proven to be highly effective in many cases.

How does drug court work?

Drug court is a program offered as an alternative to regular court to certain individuals who commit specific non-violent, drug-related offenses, and its approach is to bring together professionals from several fields, including judges, attorneys, mental health practitioners and more. Once a person is accepted into a drug court, professionals assess them to determine their individual needs, which can include therapy, rehabilitation, inpatient or outpatient treatment and other support services. It is important to note that personal accountability is a key feature of these programs. This means that individuals must commit to following through and completing the program, and the court holds them accountable by ensuring they comply with specific rules set by the court.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[6 mistakes to avoid at a drunk driving stop]]> https://www.lawofficecameron.com/?p=48342 2026-04-06T06:10:09Z 2024-07-16T20:11:29Z 1. Panicking It is natural to feel anxious when stopped by the police, but panicking can make the situation worse. Stay calm, keep your hands visible and be polite. This helps in making a better impression and reduces any misunderstanding that could escalate the situation.

2. Admitting to drinking

One of the biggest mistakes is admitting to consuming alcohol. You have the right to remain silent, and it is usually in your best interest to use it. Politely decline to answer questions about whether you have been drinking. Instead, you can say, "I would like to speak with an attorney before answering any questions."

3. Refusing a breathalyzer test

Driving a car on New York roads implies that you have consented to alcohol and drug testing under New York law. Refusing to take a breathalyzer test can lead to automatic penalties, such as losing your license. You will face these penalties. regardless of whether you were driving under the influence. It is important to carefully consider the consequences before refusing a test.

4. Arguing with the officer

Arguing with the police can escalate the situation. It is important to remain respectful and cooperative without incriminating yourself. If you disagree with the officer's actions, you can discuss those issues with your attorney.

5. Not understanding your rights

Many people are not aware of their rights when stopped by the police. You have the right to remain silent and the right to an attorney. You can decline a vehicle search if the police ask for your permission. Knowing your rights can significantly impact the outcome of the encounter.

6. Failing to document the encounter

If possible, try to remember or take notes on the details of the stop, such as the officer’s name badge number, the time and location of the stop, and any other relevant details. If you have a passenger, they can also serve as a witness to the events. Documenting these details provides a clearer, more objective recount of the event, which can be beneficial in legal settings or for ensuring the police respected your rights during the interaction. Being stopped by the police for suspicion of drunk driving can be an intimidating experience, but knowing how to handle the situation can greatly influence the outcome. Being prepared and informed helps you protect your rights.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[The essential guide to advance medical directives in New York]]> https://www.lawofficecameron.com/?p=48061 2024-01-29T05:41:37Z 2024-01-29T05:41:37Z What is an advance medical directive? This document is designed to outline future medical decisions in case of incapacitation. You should begin your advanced directive by clearly explaining your beliefs and personal preferences about specific medical treatments and end of life care. This provides a guide for you rloved ones to follow for making crucial medical decisions You should also state the conditions under which you want certain intervensions, such as pain management and life sustaining treatments.

Importance of advance directives

Estate planning and advance directives are vital for future healthcare and financial scenarios. Estate planning focuses on distributing and managing personal assets. An advance directive outlines an individual's choices regarding medical treatment. Attorneys, healthcare professionals, retiree organizations and hospice professionals recognize advance directives. When filling out the advanced directive form, you must name a family member or close friend who'll speak on your behalf. Although this decision is not fun, it is essential. Advance directive plays very important roles, some of which include:
  • Minimizes stress
  • Gives your family peace of mind
  • Minimizes or resolves possible disputes among family members
It is advantageous to choose someone who shares your beliefs.

Creating advance directives

Advance directives must be in writing. There are different requirements for creating legal documents in every state. Some require a signature from a witness. Many organizations offer links to these documents, and lawyers are ready to help you. Once you've created the document, review it with professionals to ensure you have captured everything. Keep the originals safe and give your doctor or health care agent a copy. Planning for an unpleasant future is not easy. However, advance directives ensure your wishes come true when you cannot control matters yourself. This creates peace for both you and your family.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[Walk-and-turn sobriety tests aren’t always valid]]> https://www.lawofficecameron.com/?p=48059 2026-04-06T06:09:56Z 2023-12-15T05:22:33Z What the walk-and-turn-test entails The walk-and-turn test is a measure to determine DWI approved by the National Highway Transportation Safety Administration (NHTSA). As such, police officers must abide by strict rules when administering the instruction and performance stages. After providing the instructions, the police will ask if you understand. Next, you take the test requiring a driver to take nine heel-to-toe steps forward, turn around and take nine of the same steps back to the starting point. While walking, the officer will look for clues that indicate your blood alcohol content (BAC) may be above the legal limit. These include:
  • Difficulty balancing while listening to instruction
  • Starting the test too early
  • Stopping while walking
  • Failing to walk heel to toe
  • Using arms for balance
  • Stepping off the line
  • Turning incorrectly
  • Taking an incorrect number of steps
This test has a high rate of inaccuracy, with NHTSA indicating that only 66% are correct when administered according to guidelines. When not administered properly, the test calls into question other factors.

Challenging your field sobriety test

The stakes involved in a DWI case are high and range from economic difficulties to jail time. Defendants want to avoid a conviction at all costs. One way of getting the charge thrown out of court is improper administration of field sobriety tests. Officers should administer these tests according to instructions exactly. If not, the evidence could be thrown out of court. Additionally, if the police stop you for drunk driving and you have a balance problem, are on medication that can affect your gait or have another factor that can skew test results, you may also challenge the charge. Keeping thorough records of any medical issues you may have can prove helpful in your defense.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[Special estate planning considerations for unmarried couples]]> https://www.lawofficecameron.com/?p=48057 2023-10-20T02:36:40Z 2023-10-19T02:35:24Z Additional steps needed to manage your wishes All couples, whether married or not, should draft the following essential estate planning documents to ensure their needs and wishes will be met: • A last will and testament • A living will with health care proxy for medical decisions • A financial durable power of attorney Most people know the importance of having a will, as it specifies wishes on how you want your property distributed. However, if you don't designate an individual for healthcare or financial decisions, the courts may do it for you, and the person appointed may not necessarily be the one you wish to speak for you. With a healthcare proxy, you can specify what life-saving measure you do or do not want, plus indicate who makes the decision. This document also ensures that your significant other will have access to you in the hospital during critical situations. Unmarried couples usually have separate bank accounts, so if you can't make financial decisions, your significant other has access to funds to pay your bills.

Establishing Essential Estate Documents

These documents are necessary for end-of-life matters and smooth estate administration after your passing. If you want to leave assets to your partner, you should carefully consider which will make the most sense from a family standpoint if you have children and for tax implications. For example, the federal government taxes retirement accounts differently when left to spouses than for unmarried partners. Speaking with family members about your wishes is also wise. Explain what you're doing and how you are doing it so your family won't be surprised and minimize any hard feelings that may arise. Remember that your wishes are paramount in all estate matters, from directives to designated beneficiaries.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[Knowing what to expect if you refuse to take a breath test]]> https://www.lawofficecameron.com/?p=48056 2026-04-06T06:09:42Z 2023-10-16T17:00:25Z Understanding breath tests Police officers often pull drivers over when they suspect them of driving while intoxicated (DWI) and ask them to submit to a breathalyzer test. This is a device that requires the individual to blow into so that it can measure the level of alcohol in their breath and produce a blood alcohol concentration (BAC) amount. If a driver agrees to the test and their BAC is determined to be 0.08% or higher, they can be arrested and charged with DUI or DWI.

Refusing a breath test

In some cases, a person may choose to refuse to submit to a breath test. Although it’s your right to do so, there are consequences you can face in that situation. New York has implied consent laws, which mean that if you hold a driver’s license and drive on the state’s roads, you acknowledge that you will submit to breath tests if a police officer has reason to believe you’re intoxicated or impaired. Taking a breath test is considered a condition of driving in the state. If you refuse to take a breath test, it’s considered a civil offense, which means you could be fined $500. However, if you've had a prior DWI within the past five years, the fine is elevated to $750. Your driver’s license is revoked for a year for a first offense or for at least 18 months if you have a prior DWI within the past five years. A reinstatement fee is $100 and a driver responsibility assessment fee is $250 per year for three years. You can also face other consequences; your daily life could be impacted by a DWI charge. No one expects to be pulled over by the police and asked to take a breathalyzer. If you know you’re not intoxicated, it’s in your best interest to submit.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[What to know about felony DWI charges]]> https://www.lawofficecameron.com/?p=48054 2023-08-15T21:38:12Z 2023-08-15T21:38:12Z Why an upgrade may occur You may be charged with felony DWI if your blood alcohol content (BAC) was extremely high. The legal limit in the state is .08%, and generally speaking, anything above .15% will be considered to be extremely high. At this point, you have limited control over your thoughts and actions, which can significantly increase your risk of getting into an accident. Your case may also be treated as a felony if you drove drunk while a child was in your car or if you caused extensive property damage.

First-time offenders can be charged with a felony

Even if you don't have a prior record of drunk or impaired driving, you could still be charged with a felony DWI. However, as a first-time offender, you may have a greater chance of pleading the case down to a misdemeanor. Furthermore, you may also be afforded the opportunity to go to rehab. If you complete a rehab program successfully, the charge against you may be dropped.

Don't forget about implied consent

Refusing to take a chemical test may result in a driver's license suspension, a fine and other penalties. These penalties may be enforced even if you are cleared of the DWI charge. Furthermore, the fact that you refused to take a blood or Breathalyzer test can be used as evidence in your drunk driving case. Casting doubt on the results of a chemical test might make it possible to obtain a favorable outcome in your case. Additionally, challenging the legitimacy of the traffic stop that led to a criminal charge may also help you obtain an acquittal or plea deal.]]> On Behalf of Law Office of Bryan E. Cameron <![CDATA[How to negotiate the best retail lease]]> https://www.lawofficecameron.com/?p=48052 2023-07-19T02:38:07Z 2023-07-19T02:38:07Z Decide in advance what you need Real estate deals are a lot simpler to make when you have a clear idea of what you want and need. To begin with, you need to know the precise extent of your budget. You also need to know what equipment to stock your space with. It also helps to clearly understand what kind of goods you will be selling. Does the kind of business you are setting up require outside parking? Will you need to install dressing rooms or other conveniences? These are matters whose answers will define the kind of space you need. There is also the question of what location you should choose. Should it be part of a shopping center or mall or completely detached?

Don't take the first deal they offer

The formula for leasing real estate for commercial purposes isn't as complex as it may seem. One of the biggest mistakes you can make is to take the first deal offered. Landlords lead with the highest amount they think they can get. But the key to getting a good deal is to negotiate. Feel free to do so until they hit on a price right for you.

Ask for a lower early termination fee

Suppose your business fails and you need to move out? What if it succeeds, and your present space becomes too small? In either case, you'll have to end the lease. To do so, you will need to negotiate an early termination fee. The lowest possible fee should be agreed upon before signing your agreement.]]>