Experienced ERPO Attorneys
Type Of Cases
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.
What Are My Rights?
At Cambareri & Brenneck we regularly examine whether or not:
- There have been rights violations against our client.
- Violation of search and seizure laws.
- There are misconduct issues.
- There are pieces of evidence that should be suppressed.
- There have been chain-of-evidence issues.
- There are witnesses (or other evidence) that dispute the state's version of events.
Protecting My Property with ERPO?
Is an ERPO Constitutional?
ERPO Penalties
- Loss of Property
- Loss of Rights
- Restriction of Rights
Understanding ERPO Charges in Syracuse
Violation of ERPO
False Petition
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.
Negligent Storage of Firearms
MEET THE TEAM
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.
Steve Cambareri
Partner, Attorney
Scott A. Brenneck
Partner, Attorney
(Ret.) Judge John
Special Counsel
Melissa K. Swartz
Attorney
Joe Centra, Esq.
Attorney
Michele Previte
Office Manager
Jess Edwards
Administrative Assistant
Michele Previte
Office Manager
Jess Edwards
Administrative Assistant
WHY CHOOSE US
The Defense Firm You Have Been Looking For
Strong Reputation
Our honest, transparent approach to criminal defense helps us better protect our clients' best interests.
Former Prosecutors. Proven Defense.
With 75+ years of collective experience, we leverage our insight to benefit our clients.
Available 24/7
We are available 24/7 to help you with the personal, private, and professional consequences associated with your situation.
Free Case Consultations
Please contact our team to schedule your free case consultation.
FAQS
Frequently Asked Questions
What is an ERPO and how does it work in New York?
Who can file an ERPO petition against me in New York?
What happens after an ERPO is issued in New York?
Do I have any rights if an ERPO is filed against me in New York?
Do I have to surrender my firearms immediately when an ERPO is issued?
CONTACT US
Free Confidential Consultation
Tell us a little about your situation and we’ll get back to you quickly. All conversations are confidential and protected by attorney-client privilege.