Your Syracuse ERPO Attorneys

An ERPO charge can have a catastrophic lifetime impact. Cambareri & Brenneck, your criminal defense team, can help.

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Experienced ERPO Attorneys

Trust former prosecutors to handle your ERPO case.
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What is the ERPO Process?

The ERPO process begins when a petitioner—usually a family member, law enforcement officer, or school official—believes an individual poses a significant threat to themselves or others by having a firearm. The court then examines the evidence presented and, if deemed appropriate, issues a temporary ERPO. Afterward, a final hearing is held to decide if the order should be extended.


At Cambareri & Brenneck, we are well-versed in the challenges and dilemmas criminal defendants face as they navigate our justice system. Our firm is made up of former prosecutors with an intimate knowledge of how the accused are processed in the state of New York. 

Explore your legal options with an experienced and knowledgeable former prosecutor before a plea deal is entered. We take all situations into consideration to get you the best results.

What Are My Rights?

Individuals subject to an ERPO have the right to a hearing where they can present evidence and witnesses to challenge the order. You also have the right to appeal the court’s decision. Throughout this process, legal representation is crucial in protecting your rights and interests.

At Cambareri & Brenneck we regularly examine whether or not:

Protecting My Property with ERPO?

If an ERPO is issued, firearms must be surrendered. However, the law provides measures for the safe storage of your firearms. We can help you understand these procedures to ensure your property is protected and returned promptly once the order is lifted.

Is an ERPO Constitutional?

If firearms aren’t surrendered or stored properly following the issuance of an ERPO, you could face charges related to the negligent storage of firearms.

ERPO Penalties

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Understanding ERPO Charges in Syracuse

The most common ERPO charges: The most common DWAI drugs charges:
Violation of ERPO
This involves refusing to surrender firearms, attempting to purchase new ones, or engaging in any other behavior that contravenes the order.For a first-time DWI offense in New York, for example, a person could face a fine ranging from $500 to $1,000, up to one year in jail, and a minimum six-month license suspension. However, the exact penalties can vary depending on the individual’s blood alcohol content and other factors.

Filing a false petition for an ERPO is a serious offense. If someone knowingly provides false information in an attempt to secure an ERPO, they can face criminal charges.


For a second-time DWI offense within 10 years in New York, it is considered a Class E felony, which could result in fines ranging from $1,000 to $5,000, a jail sentence of up to 4 years, and a minimum one-year license revocation. The defendant may also be required to install an ignition interlock device in any vehicle they own or operate.


Additionally, having prior convictions can negatively affect the defendant’s standing in the eyes of the court and potentially limit their available defense strategies. For example, it might be more difficult to negotiate plea deals or qualify for diversion programs or other leniencies.

This charge involves driving with a blood alcohol content significantly higher than the legal limit or with a child in the vehicle. Aggravated DWI charges carry severe penalties, and our attorneys are experienced in handling such cases.

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Your Criminal Defense ATTORNEYS

Cambareri & Brenneck is a firm founded by and comprised of former prosecutors. Because our attorneys have experience on both sides of the courtroom, our clients can trust that their case will be effectively navigated through the criminal justice system. Every viable avenue toward a positive outcome will be exhaustively pursued.

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FAQS

Frequently Asked Questions

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What is an ERPO and how does it work in New York?
An Extreme Risk Protection Order (ERPO) is a court order that requires an individual to surrender their firearms when a petitioner — typically a family member, law enforcement officer, or school official — convinces a judge that the person poses a significant risk of harm to themselves or others. New York’s ERPO law, also known as the “Red Flag Law,” allows courts to act quickly, often before the subject has a chance to respond. If you’ve been served with an ERPO in Syracuse or Upstate New York, contact Cambareri & Brenneck immediately.
Under New York law, an ERPO petition can be filed by a family or household member, a law enforcement officer, or a school administrator. The petition does not require a criminal charge — it only requires the petitioner to allege that you pose a risk. Because the threshold is relatively low, having an experienced ERPO attorney in Syracuse is critical from the very first hearing.
Once a temporary ERPO is issued, you are required to immediately surrender all firearms. A final hearing is then scheduled where both sides can present evidence and witnesses. At that hearing, the court decides whether to extend the order. This hearing is your most important opportunity to fight the ERPO — and you should have legal representation before you walk into that courtroom.
Yes. You have the right to a hearing where you can present evidence, call witnesses, and challenge the petitioner’s claims. You also have the right to appeal the court’s decision if the order is extended. These rights are meaningful — but only if you exercise them effectively. Our Syracuse ERPO attorneys know how to build a strong case for your hearing.
Yes. Once a temporary ERPO is issued by a New York court, you are legally required to surrender your firearms. Failure to comply can result in additional criminal charges. However, the law does provide procedures for safe storage of your firearms during the order period. Our attorneys can guide you through proper compliance to protect your property and ensure it is returned once the order is lifted.

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