New York Criminal Lawyer Blog

Though divorce is more commonplace now than it ever has been, experts agree that it is still not a healthy example to set for a child. However, while most children come out the other side of divorce relatively unscathed, children of violent and particularly hostile custody battles suffer long term emotional effects, expressed a New York Criminal Lawyer. Children take their cues from the adults in their lives, and violence and hostility between the parents often becomes a pattern that is repeated throughout the adult life of the child.

A Colorado man was arrested last month after he stabbed another man in front of his ex-wife and child in a custody dispute. Police reports say the man accused of the stabbing was seen arguing with his ex-wife in front of their child and the woman’s friend. The fight escalated and when the woman’s friend tried to intervene, the irate ex-husband stabbed him and then proceeded to grab the young child and drive off with him.

The child was returned unharmed several hours later, but not before a 4 hour manhunt ensued, related the N York Criminal Lawyer. It is easy to understand how the effects of witnessing something so devastating as one’s father stabbing another man could be harmful, even detrimental to that child’s psyche and sense of right and wrong. As parents, it is our responsibility to mirror to our children the behaviors that we would like for them to exhibit when they are an adult. In this case, that child’s father has a lot of making up to do.

Continue reading " Children of violent custody battles in Colorado suffer long term emotional damage " »

Illinois Police District Sixteen is a small, sleepy district. Not much happens in a given week and rarely is any news made. The people there like it that way. They can relax and let life live itself while they enjoy the cast off fruits of joy. Simple? Perhaps. But definitely happy. Which is why it was big news when not one but two people were arrested in the span of a week for driving under the influence of alcohol and or drugs, says a New York Criminal Defense Lawyer.

One of the selfish criminals grabbed the bottle and started drinking until he could drink no more. He drank to hide the pain, he drank to hide the world, but he drank and then drank. Then, he got behind the wheel of a car. He decided that he would risk not just his life, but the life of everyone else in District Sixteen as he sped down the road, going top speed, all the while loaded out of his mind. One car after another was passed until he finally passed the wrong car: a cop car.

A second idiot was high onhttp://criminaldefense.1800nynylaw.com/lawyer-attorney-1402769.html, reports a NY Criminal Lawyer. The police would not release the details of the drug use, but it was significant enough to be obvious to a police officer and dangerous enough to affect his driving. Like the first offender, this criminal was also in their early twenties. Perhaps that is just the age to be dumb, high, drunk, and driving a car.

Continue reading " Small Town in Illinois Has Two DUIs " »

New York Criminal Law Offices have seen or heard of a number of crimes in Brooklyn.
A Brooklyn man went into the basement of a building in Bedford-Stuyvesant and found the bodies of two men, one of them his son, law enforcement sources reported.
It is believed the pair had been killed in a drug-related execution.
The father entered the building around 3 p.m. and found the two victims, both of them in their late 20s or early 30s. They were bound with duct tape and had bullet wounds in their heads.
Elsewhere in Brooklyn, a man was shot and killed in a dispute over money. A 36-year-old man was shot by an enemy of his several times in the chest. The victim was taken to Brookdale Hospital, but pronounced dead on arrival.
Another Brooklyn incident has resulted in a manhunt for three men accused of beating up a cabbie after a failed holdup attempt in Brownsville. New York Criminal Law Offices discovered that the trio asked the cabbie to get out of the car so they could settle their fare. When he emerged, one of the men attacked him, while the others tried to take his money.
The driver managed to get away, and the assailants fled without a penny. The victim sustained head cuts which were treated at Woodhull Hospital.
In the Bronx, a thief got into trouble when he broke the window of a parked car to steal clothing. Unfortunately for him, he was spotted by the car owner.
The 38-year-old suspect allegedly broke into a Jeep and grabbed clothing just as the owner arrived. The car owner said, “You’re stealing from my baby!”
The suspect allegedly tried to punch the victim, who ducked. Police later arrested him on charges of robbery, petit larceny and attempted assault.
New York Criminal Law Offices have also noted a case in Queens, where a man snuck into a hotel, bypassing both registration and the requirement to pay for his lodging, authorities said. An employee soon noticed the 28-year-old interloper squatting in a $239-a-night room. The suspect was charged with theft of services and criminal trespass.

Continue reading " Stories from All Over NYC " »

A 20-year-old Philadelphia woman has been sentenced to one to five years of prison after striking and killing a high school student over a year ago.
The woman pleaded guilty in January to a felony charge of accidents involving death or personal injury in Montgomery County Common Pleas Court. Because it is a felony, the charge has a minimum mandatory sentence of a year in prison.
The convicted woman will serve her sentence in Montgomery County Prison and is eligible for the Work Release program. She has also pledged to pay $500 to the slain girl’s scholarship fund, though it is not legally binding.
According to the woman, she was driving at around 11:30 p.m. on March 28, 2010, when the 17-year-old girl walked out in front of her car. The girl was hit and sustained fatal injuries. Panicked, the woman kept driving, until she was stopped less than three miles away. She admitted her guilt, authorities indicated to NYC Criminal Lawyers.
The District Attorney said the woman would not have even been charged with a crime if she had not left the accident scene. The investigation showed the girl stepped out in front of the car and the driver was not the cause for the accident.
The girl and other students had been drinking to celebrate a school victory in the basketball championships. NYC Criminal Lawyers found that the victim’s blood alcohol level was well below the legal limit. A friend of the girl had apparently taken vodka from her parent’s house, and poured the liquor into water bottles for the other teenagers.
The father of the victim said his daughter had just had an argument with her boyfriend. She “stormed out” of the house and the boyfriend followed the girl in his car, only to see her get run over.
When the father learned of his daughter’s death, he was in Florida.
“Going positive is a fight, but it’s the only way to go,” he told NYC Criminal Lawyers. “She was the kind of kid when she walked in the room, she put a smile on your face.”
The parents established funds in their daughter’s name to help other students.

Continue reading " Philadelphia Driver Sentenced to Prison for Death of Teenager " »

Prosecutors fought against a judge’s decision to let an accused rapist be released prior to trial. He has been charged with sexually assaulting a passenger on a cruise ship.
An Assistant U.S. Attorney on the case called the 19-year-old defendant a “dangerous serial child predator”. He confessed to sex with a 13-year-old girl in March aboard the cruise ship, as well as sex with two other minors, and forcing a fourth one into sex.
The young man’s attorney claims that there will be conditions to protect the public if his client is released until the trial.
“It was clear that he was not going to be left alone,” the attorney explained to New York Criminal Law Offices. “He’s got good family support. His mother will make sure, his stepfather will make sure, that he follows the letter of the judge’s order. It’s not going to be a problem.”
The FBI filed an affidavit stating that a 13-year-old girl did meet the defendant on March 6, one day before the ship’s return to Mobile. She was on her way to dinner and made plans to meet him later that evening. When he asked her how old she was, she said she was thirteen.
Other passengers claimed the defendant spent a great deal of time in a section of the ship reserved for children between the ages of 12 and 14. According to the affidavit, he admitted to sex with the girl after inviting her to the cabin he shared with his sister and stepbrother. Neither sibling was in the cabin at the time.
The defendant claimed the sex was consensual, but the girl told New York Criminal Law Offices that not only did she not consent, but that the defendant hurt her.
This is not the first time the defendant has gotten in trouble for similar acts. He faces another sexual battery charge in Mississippi for another 13-year-old girl he met through Facebook.
The prosecutor claims he “friended” the girl though he did not know her, then sent her messages and showed up at her house. According to the prosecutor, he attempted to kiss her and take her inside at that point, but she managed to fend him off. Later, he threatened to hurt her and her family if she did not meet him, at which point he drove her to a remote location and raped her.

Continue reading " Alabama Man Called ‘Serial Child Predator’ by Prosecutor " »

A suspect was arrested after threatening to rob and bomb a bank. The suspect was apprehended and charged after making threats against a branch of a local bank. The man’s robbery attempt was successful in that he obtained cash from the bank. The attempt was unsuccessful in that the man was apprehended by the police and did not manage to get away with the funds he had illegally obtained.

Three employees of the local branch of a bank witnessed the man entering the building with a weapon. He also stated that he had a bomb with him and that he was willing to detonate the device if his demands were not met. The suspect also said that he would set off the explosive if the police arrived on the scene. The man was given the money he demanded and allowed to the leave the branch without the employees intervening, although they did report the event to the local authorities after the suspect left with the money.

Though there was no confirmation that the suspect actually had a bomb on him, the employees decided to err on the side of caution. The employees remained relatively calm as they met the suspect’s demands. No one was harmed during the incident.

After receiving information that the suspect was still in the area, the police were able to locate the suspect. After the police set up a traffic stop in the area, they were able to apprehend the man. The suspect was arrested on armed robbery charges. The witnesses will probably be called on to testify against the man, suggests a New York City Criminal Lawyer. At this point, a trial date has not been set.

This was not the first time that the branch had been robbed. There was at least one prior incidence of robbery at this particular branch. He says that it is unknown what makes this particular location a repeat target of robbers. The outcome of the earlier incident was also unavailable at this time.

Continue reading " Bank Robbery Suspect Arrested and Charged " »

Four shooting incidents that occurred in two New York City boroughs, Brooklyn and the Bronx, have resulted in hospitalizing four men in Crown Heights and wounding four others, police revealed to New York Criminal Law Offices.
All four shootings occurred over a time span that was less than three hours.
The first incident happened at about 4:20 p.m. on Utica Avenue in Crown Heights, Brooklyn, police have discovered upon further investigation. Two of the victims, ages 34 and 32, were transported to Kings County Hospital, where they are said to be in stable condition. The other two victims of the first shooting managed to transport themselves to Brookdale University Hospital. They were also considered to be in stable condition.
In the Bronx, an 18-year-old man was shot around 5:05 p.m. on Eastchester Road in the Bronx. He is being treated in Jacobi Medical Center and is in stable condition. According to police, two suspects were seen fleeing the scene of the shooting.
On Rockaway Avenue, in Bedford-Stuyvesant, Brooklyn, another man was shot in the leg around 6 p.m. He was also taken to Brookdale University Hospital, where he is listed in stable condition.
A dozen blocks away, yet another two men sustained gunshot wounds on Throop Avenue in Bedford-Stuyvesant at around a quarter to seven in the evening. One of the victims was only 17 years old, shot in the back. Both victims were treated at Kings County Hospital with non life-threatening injuries.
For all of these shootings, the police did not arrest anyone, and they had no further information to give regarding the victims or any suspects.
No one really knows the circumstances behind these shootings, but everyone has their own story of what really happened, including the shooters. Even the shooters have the right be heard in a court of law. Once there, they can trust in the public defender, or they could go the extra step and talk to a New York Criminal Law Office – someone with the experience and skill to make sure their clients are treated fairly.

Continue reading " Bronx and Brooklyn Shootings Leave 8 Wounded " »

Recently, a Florida woman was indicted on charges of driving under the influence, DWI, which resulted in the death of an elderly woman as well as injury toward 6 others, including the defendant herself.

On the evening of August 1, 2009, the defendant struck another vehicle head-on after she crossed over the center-line while traveling south on S.C. 917, which is near Loris. According to authorities, the crash occurred around 9:37 PM. The defendant was driving a 1995 Chevrolet truck at the time. When she crossed the center-line on this fateful evening, her vehicle crashed into a 1998 Ford SUV, with the disastrous results of the driver’s death and all people involved being injured. A person noted that the primary victim whose life was taken was an older woman of about 60, who was a native of the town of Nichols, SC. The other 5 people in the car along with her were also taken to the hospital for a variety of reason, the details of which are not known.
The defendant herself was airlifted to a medical university in Charleston, where she received treatment for her injuries. However, upon release she fled the state. It is not known when she was apprehended, though at this time she remains jailed at a detention center since her admittance on Sept. 15, 2009. A New York City Criminal Lawyer observed that the official charges against the female defendant are quite serious: one count of felony DUI resulting in death, as well as two counts of felony DUI resulting in great bodily injury.
The most serious charge from this tragic event is the felony charge of DUI resulting in death, which applies to the 60-year-old victim from the Finklea community of Horry County, S.C. A New York Criminal Lawyer perceives that according to authorities, the victim was indeed wearing a seat-belt. Unfortunately, due to several blunt—force traumas to her body, she was pronounced dead at the scene of the crime. Such a head on collision often results in great bodily harm, if not death. The actions of the defendant resulted in an out-of state charge of manslaughter and great personal injury, all stemming from her choice to consume alcoholic beverages and drive.
It is evident that many will be negatively affected from this episode, including the families of all 5 victims as well as the family of the defendant.

Continue reading " A Florida woman faces charges of felony DUI resulting in death and injury " »

The first time, the second time, even the third time wasn't enough for him to get the message. Nope, for one Rhode Island man it took nine times, nine, the number of men on a baseball field. Nine. Nine times he has been caught drinking and driving, said a New York Criminal Defense Lawyer. Nine driving under the influence of alcohol charges, DWI, in his lifetime. The first time was in the early 1980s and the last one was last month. Inept police, a complicated justice system, and ridiculous lawyers all got in the way, allowing him back on the road time and time again. If he was caught nine times, who knows how many times he actually drank alcohol to excess before driving.

But, maybe that will all be coming to an end, said a New York Criminal Defense Lawyer. A grand jury indicted him and he will face a formal trial soon. There was no indication the man had an attorney. Most likely, he's a nine time loser on his way to jail for a long, long time. One can only hope. Imagine if he had killed while driving, mulled a NY Criminal Defense Lawyer. The world knows of at least nine times when he was behind the wheel of a potential death machine. And, again, there are probably hundreds of other times when he simply wasn't caught, said a New York Criminal Defense Lawyer. Justice, hopefully, has been served.

DWI charges can result in harsh penalties especially when you are a repeat offender like the person in this report from Rhode Island. It can possibly mean jail time and if something happens where the intoxicated driver causes a fatality, the ultimate penalty can be the result.

Continue reading " Rhode Island Man Arrested for Ninth DUI " »

A Florida man was recently arrested for driving a golf cart on a major road in Brooksville, while under the influence of alcohol.

The defendant was driving the cart along State Road 50 during the early morning hours of February 26, just after midnight of the previous night. A New York Criminal Lawyer observes that the man repeatedly attempted to divert officers away from administering a breathalyzer test, admitting to them that he most likely not pass it due to his drunkenness. Officers took the man into custody and found that, after two separate tests, the man was indeed legally drunk and deserving of arrest. The blood/alcohol levels that were discerned from the tests were 0.251 and 0.242, respectively. It is noted that according to authorities, both of these excessive BAH levels are well beyond the legal limit, even three times over what is considered a legally drunken state.

A New York Criminal Lawyer discovered that the 36-year-old man was also driving a passenger along the section of road he was arrested on. As stated by a report from the Hernando County Sheriff, no headlights were on, and the defendant could not conceal the strong smell of alcohol on his breath. While his passenger (who was reportedly less sober than the driver) was escorted to his home, the driver was taken into custody, where the tests discerning his blood-alcohol levels were obtained.

The 36-year-old defendant was officially arrested on a charge of driving under the influence of alcohol, DWI, in the wrong direction on the Hernando highway, a fulfillment of his earlier and somewhat comical predictions that he would not be able to pass the officer-administered alcohol level tests. The officers no doubt believed him, and acted according, based on the lack of headlights and the evidence of the man’s own state of mind. It seems that under Florida law, passengers of a vehicle are not held legally responsible for being drunk- only the driver. On a lighter note, someone reports that the golf cart the drunken man was driving was safely returned to its source, a local campground in the Brooksville area.

Though this account is somewhat humorous, drunk driving is a serious offense in every state of the U.S. Even though the vehicle was a golf cart, the possible injury to both the men in the cart as well as others on the road could have been quite serious. A New York Criminal Attorney recognizes the serious legal repercussions that could be inflicted upon those who choose to make decisions such as this.

Continue reading " Florida man arrested for driving golf cart while drunk in wrong direction on highway " »

To millions of men between the ages of 25 and 40, he isn't just any man. He's a real man, an American hero, an idol, someone to look up to. He is the man, the myth, the legend himself. A former world champion, television star, movie star, best-selling author, and one of the most recognizable names in the United States of America. He is Hulk Hogan.

And his wedding was crashed.

Hogan was marrying his new squeeze, the new love of his life, the new woman he wanted to watch fading sunsets with when an uninvited photographer tried to break into the Hulkster's beach front residence. A New York Criminal Defense Attorney notes the man wanted to score some valuable photographs that he could then sell to the tabloids. He was confronted by a security guard, roughed up, and then sent on his way.

He then went to the police and had the nerve to complain about what happened, says a New York Criminal Defense Attorney. This man had tried to break into the house of a former pro wrestling world champion, the home of the man who slammed Andre the Giant, the man that performed before one hundred thousand people in Detroit, the man who sold out the Tokyo Dome in Japan, and invade his privacy. Some say he's lucky, as a squabble with Hogan himself could have led to the Big Boot and Atomic Leg Drop. Instead, he just got punched a few times.

Continue reading " Hogan Wedding Crashed " »

South Carolina prosecutors have dropped the DUI charges they had filed against the former mayor of Atlantic Beach, SC; sources inform a N York City Criminal Lawyer. The charges were dropped due to a lack of evidence. Following her arrest in September 2009, after South Carolina State troopers pulled her over for erratic driving, she was given a breathalyzer test, which was negative. Further, the former mayor was given a urine test, which was tested by the State Law Enforcement Division, also showed that at the time of her arrest she did not have any traces of alcohol, or any legal or illegal drugs in her system. Since all of these tests were returned with negative results, then why was this former mayor arrested?
Both the former mayor and her legal representative, a former law enforcement officer of 20 years, say that the reason she was arrested and charged with DUI is very simple and may be summed up in one word—politics. She has been arrested four times in two years, learned a NYC Criminal Lawyer. The DUI arrest came one day before the former mayor’s scheduled court appearance to face a driving related charge of reckless driving. The reckless driving arrest came one day before another scheduled court appearance for an arrest for trespassing and disorderly conduct. She was arrested again in 2009 for allegedly stopping and failing to report her sideswiping of another vehicle. Some observers of this case say there is a distinct pattern that could substantiate her and her counsel’s suspicions.
In September 2009, the Atlantic Beach City Council voted to remove her from office and immediately petitioned the state governor to remove the embattled mayor from office. Their request was granted two months later when he suspended her from office.
A New York Criminal Attorney also discovered that although the state dropped the DWI charge against the former mayor, they continue to pursue a reckless driving charge on the same incident. This will require testimony from the original witness who allegedly saw the former mayor driving erratically. Regardless of the outcome, both the former mayor and her legal representative are hopeful that politics will be put aside and that justice will prevail.

Continue reading " DUI Charges Against Former Mayor in South Carolina Dropped " »

The U.S. Supreme Court recently ruled to allow the state of California to maintain its inmate appeals procedure. Under current California law, inmates must file habeas corpus petitions "without substantial delay." No concrete amount of time has been set for filing these petitions for now and it doesn't look like a deadline will be set in the future.
While most states have set deadlines for filing appeals petitions, California does not. It is not known why California does not have a set deadline. But according to the Supreme Court, California should not be forced to create one.
This decision comes after a California state inmate filed a lawsuit against the state because his appeals petition was denied. The inmate waited almost five years after being convicted and sentenced to file an appeal. The state of California denied the petition because of the five year delay. While the California 9th Circuit Court of Appeals sided with the inmate and agreed that California should set a deadline for filing a petition, the Supreme Court ruled otherwise stating that the current rules governing the timely filing of appeals is appropriate, reports a NY Criminal Lawyer. The Supreme Court went on to say that the loose guidelines pertaining to the filing of appeals allows the state to avoid unintended consequences of adhering to stricter guidelines.
The inmate who filed the lawsuit was convicted of murder in Sacramento, California in 1986. He waited until 1991 to file a habeas corpus petition. Justice Ruth Bader Ginsburg and other Supreme Court Judges ruled unanimously that California was within its rights to expect inmates to file petitions within a reasonable time without having to specify a certain time frame, states a New York Criminal Lawyer.
The Supreme Court also concluded that the inmate waited too long to file a habeas corpus petition. The court also agreed that states should have the right to determine whether to accept or deny an appeals petition based on the time it is submitted. Depending on the circumstances, crime committed and other circumstances, The Supreme Court agreed that states should have some latitude when it comes to accepting or denying a petition. Since each court case is different, imposing that states set filing deadlines could cause additional problems in the legal system and prevent states from providing quality legal services to the public.

Continue reading " California Inmate Appeals Procedure Upheld by U.S. Supreme Court " »

A 32-year-old man from Anderson County, SC crossed a median while driving with his son on Liberty Highway in late February, resulting in the unfortunate death of the man’s son.

Late Saturday night, February 26, the local man in question from the Slabtown community of Anderson County was driving his Jeep with his son in the passenger seat next to him. He had just picked the boy up from his mother’s house for the weekend, as was his bi-weekly custom, and was on the way to his own home when the crash occurred. Upon crossing the median, the Jeep collided head-on with a suburban, with the result that both driver and passenger were ejected from the Jeep. The man’s son was airlifted to a local hospital for major injuries that were not known at the time of this report, as noted by a New York Criminal Lawyer. Unfortunately the young boy did not survive his life-threatening injuries; he died at approximately 2 AM on the morning of February 27.

Meanwhile, the driver/father of the young boy was admitted to the neuroscience intensive care unit of a separate medical facility. A New York City Criminal Lawyer observes that according to a hospital spokeswoman familiar with the incident, the father declared to be in serious condition.

According to law enforcement authorities from the South Carolina Highway Patrol, it is suspected that the father of the young boy had been drinking alcohol which may have directly led to the errant driving. A N York Criminal Lawyer realized that as of now charges have not been filed, though it is apparent that such charges are pending a thorough investigation which will hopefully reveal the specifics of this tragic incident. According to the Lance Cpl. of the South Carolina Highway Patrol, the precise details of the charges as well as the moment of their issue depends largely upon the testimony and investigation of SCHP troopers, as well as the 10th Circuit Solicitor’s Office.

It appears that the other man involved in this incident, whose suburban was hit when the Jeep crossed the median, was also admitted to a local medical facility. However, he was later released, having suffered only minor injuries that were not life-threatening.

Continue reading " An Anderson County man involved in a fatal crash resulting in the death of his son " »

The friendship between two young men ended in murder and the parents of the victim were always sure their son’s friend was up to no good.
According to the victim’s mother, the alleged murderer only showed up when he wanted something from them. “He was a leech,” she said.
It was this supposed friend that led the victim to drinking, the mother said, and this was not helpful to a 22-year-old man trying to find his way in the world.
The victim’s mother wasn’t the only one attempting to keep the young man away from his friend. His other friends would also advise him to stay away. His mother explained to New York Criminal Lawyers that her son “would stand by a person he thought was a friend”. Sadly, that attitude may have cost him his life.
The young man was found dead inside his home on December 14, 2007, with a gunshot wound in his torso. There was also an unidentified 21-year-old man outside the victim’s trailer home, also shot.
This second young man turned out to be the alleged perpetrator of the crime, but at the time he was merely considered another victim. His gunshot wound was treated and he survived. As for the homicide, it remained unsolved. No one could imagine anyone would the victim, known for helping out his neighbors.
The family learned their slain son’s friend had been arrested in Georgia for murder. In the course of that investigation, they found an uncashed life insurance policy in the name of the victim for $250,000. The sole beneficiary was the friend of the young man found shot at the scene of the crime. It was dated six months before the shooting. The circumstances of the latest murder were very similar to the earlier one, right down to the life insurance policy – this one for $500,000.
Investigators “have seen a lot of similarities in both cases”, and New York Criminal Lawyers have discovered that the victim’s so-called friend has now been named as a suspect in both murders.

Continue reading " In Georgia, Murder Part of Insurance Scam " »

A New York financial money manager pleads guilty to lying. The man told investors he was related to the Royal Family in Belgium and cooked up an investment scheme that he said they supported. A New York Criminal Lawyer claims the man then managed to get almost $7 million worth of money out of clients to invest in his made up scheme.
This scheme took place in late 2007 and 2008. The New York Criminal Lawyer says that this scheme is one of reasons why the economy turned south in 2008. There were many financial managers at the time that had made false statements to their clients about financial dealings. All of the managers who were lying at the time contributed to the downfall of the economy and the downfall of the trust that investors place in financial managers.
A New York Criminal Lawyer also states that the man pleaded guilty in order to receive a lighter sentence. He expects that when he goes back to court in February that he will receive three to nine years behind bars. He will also have to repay the money that he cheated his investors out of in the scheme. He created the scheme and made up the family relations in a desperate bid to save his flailing business. He is currently free on bail until sentencing, where he is then expected to immediately have to report to federal prison. There is no word if he had associates in the scheme.

Continue reading " New York Man Pleads Guilty To Being Royalty " »

An ice cream truck driver from Sub Zero Ice Cream was arrested in New Port Richey, Florida for driving under the influence of what appeared to be alcohol. The driver almost hit a child. It is unclear whether the child was waiting for the ice cream truck to stop in order to buy some ice cream. The driver was arrested with two open bottles of whiskey in the ice cream truck. His alcohol content was 0.227, which is almost three times the legal limit in the state of Florida. Limits this high usually indicate that drivers are unable to properly operate a vehicle. Released from the Pasco County jail, the ice cream truck driver will face DUI charges.
The child the ice cream driver almost hit was not injured. The driver, 49, was driving a Sub Zero Ice Cream truck at the time of the incident. It is unclear whether the driver was working or whether he was driving to another destination. The two open bottles of alcohol were found next to the driver's seat. It was assumed at the time of his arrest that he had been drinking from them.
According to the Florida Department of Law Enforcement, this was the ice cream driver's first DWI offense in the state of Florida. It is unclear at this time what legal penalties the driver could face. The driver has never been arrested for any illegal activities prior to this DUI charge. "DUI" or "Driving Under the Influence," refers to drivers under the influence of drugs or alcohol which inhibits their ability to properly operate a vehicle.
The driver was taken into custody by the Pasco County Sheriff's Department. The ice cream driver pulled the ice cream truck over and exited the vehicle to make sure the child was not injured. The ice cream driver appeared to be impaired and was staggering around the vehicle when police officers arrived. When police asked for his address, the driver gave his birthday instead. Officers from the Pasco County Sheriff's Department promptly arrested the driver.
The driver was arrested in the Congress Park neighborhood of New Port Richey, said a New York Criminal Lawyer. Police were called to the scene after a by-stander called to report that the driver almost hit a child. The driver resides in the Cypress Lakes neighborhood of New Port Richey.

Continue reading " Drunk Driver Almost Hits Child " »

A Birmingham, AL, man has been sentenced to 25 years in an Alabama prison for violating provisions of the Alabama Securities Act; sources inform a New York Criminal Lawyer. In addition, he was also ordered to pay restitution to his victims totaling $1.64 million.
The sentencing completes the State of Alabama’s case against the master options trader, a moniker that he gave himself. The list of charges against the man included:
• He sold unregistered securities.
• He acted as an investment advisor without being registered in the State of Alabama.
• He committed fraud in the sale of securities and provided false investment reports.
• He committed fraud as an investment advisor and provided false investment reports.
• He committed fraud in the sale of securities for claiming that he had a degree in accounting when he did not.
• He committed fraud as an investment advisor for claiming that he had a degree in accounting when he did not.
• He committed fraud in the sale of securities for operating a Ponzi scheme.
• He committed fraud as an investment advisor for operating a Ponzi scheme.
The head of Alabama’s Security Commission (ASC) stated that “For those who conduct illegal securities business in Alabama, I have this to say: It will not be tolerated and we will take appropriate action,” sources confirmed to the NY Criminal Attorney.
The investigation began as a result of many complaints against the man and his company. The Ponzi scheme had grown to about 38,000 participants before authorities were able to close it down in 2003 and froze all of its assets. As part of their investigation, investigators learned that there were about 1,767 investors in this one plan that had unknowingly invested about $4.7 million.
A part of this scheme funds from those participants who are the most recent investors to the scheme are used to pay dividends to those who have been in the plan the longest. This gives the illusion that the plan is making money. This is a similar type scheme that Madoff had run from New York before he was arrested.

The head of the ASC advises those who are looking to invest, be sure to check them out and be sure they have a securities license in hand before giving them any money. He went on to add that the state maintains free information and tips to prevent fraud.

Continue reading " Birmingham Man Sentenced to 25 Years for Securities Laws Violations " »

Get behind the wheel, not think about what you're doing, go to jail for twenty years - oh, and kill another human being. All because you decided to drink and drive. A sad tale, a repeated tale, a far too common story that will haunt a family forever. The driver was not just drunk, he was stupid drunk. He was the kind of drunk someone gets when they want to run away from pain. Three times the legal limit, that's what the BAC was of the man who drove the car that killed an innocent man. Not just any innocent man, but an off duty police officer, said a New York Criminal Defense Lawyer. Today, that man has been sentenced to twenty years in prison.

He was driving out of control. He would later say he didn't remember anything he did that night, and that the entire ordeal was like waking up from a nightmare. But the victim's family will never forget and their nightmare will never end. He slammed his car into a vacationing family and in the wreckage lay the body of the man who died. A family man, a lifelong provider for everyone, a man who had just been admitted to a program to become a PhD, reports a New York Criminal Defense Lawyer.

Behind the car was another car, carrying the second half of the family. A large, loving family, so large it needed two cars. They saw the impact and immediately rushed to the seen. The man's daughters waded through the horror before they came face to face with their dead father.

Continue reading " Man Gets 20 Years in Jail for Killing Cop While Driving Drunk " »

http://criminaldefense.1800nynylaw.com/A woman has been on the run for two years in the Fort Myers area. She had disputed the custody of her child and ran away with her. Her little girl is only four years old and taking her daughter violated a court order.

The police have now caught her and she is in a Lee County jail. This 26 year old woman was arrested last October after being found in Colorado.

Ten months of tracking her was done by the U.S. Marshals Florida Regional Fugitive Task Force. The investigators concluded that one of the places she ran off to was Ohio. She quickly left that area to avoid court hearings there.

Finally this four year old little girl was given back to her father after being taken into protective custody. This took place at an apartment complex in Colorado Springs and that is also where the arrest took place, explained a New York Criminal Lawyer.

Interference with Custody and Removing a Minor Contrary to a Court Order, is the charges that are being held against this fleeing mother. These are very serious felony charges that can carry many years in a federal prison with them. She is being held in Lee County jail until this future trial can take place. According to officials, she will more than likely be held without being able to bail out, due to the fact that she has been running for so long. A future trial date has not been set yet.

Continue reading " Lee County has a parental kidnapping suspect " »

A bar in Huntington Beach is responsible for the arrest of 72 of its patrons in less than two years. The bar is the name that is repeated over and over when police pull over and ask people who are suspected of being under the influence. Police always ask a DWI suspect where they had been drinking and make a note of it in the police file. DUI arrests have been up in the state of California and Huntington Beach has a large problem of its own, according to police officials.
The bar is a contributor to the overall drinking problem in California. The city of Huntington Beach was voted #1 in the state for having the highest per capita rate of DUI arrests. Local officials are wondering if it is the bar that is the problem or the people who frequent the establishment.
The 72 different DUI arrests happened all within a span of 22 months. The New York Criminal Lawyer reported that the bar owner claims that neither he nor his bartenders are responsible for what happens outside of the walls of the bar itself. City officials are calling the owner responsible and looking to see if they can charge him with anything, such as recklessness or disregard for public safety. There are no pending charges or litigation between the establishment and the city. There are a few DUI cases still outstanding.

Continue reading " Huntington Beach Bar is Responsible for 72 DUI Arrests " »

A local Woonsocket man was recently arrested on charges of drunk driving with the result of death, as stated by a NY Criminal Lawyer. Last September, the man drove a red light while under the influence of alcohol, striking another vehicle with such force that the impact ended the life of his passenger and friend, a man from Milford, Mass. The victim is survived by three children.

According to authorities, the accused was operating the vehicle without a license, and was also under probation for drug convictions associated with the past. The accused went on to plead no contest in the city of Providence to the charges, a feasible course of action. As part of a plea agreement, the Woonsocket man’s sentence was set at 10 years in prison, with the minimum requirement of actual prison time being seven years’ served.

The crash itself occurred in the city of Pawtucket, while the convicted man faced the charges (drunk driving resulting in death) in the capital city of Rhode Island (Providence), within the Superior Court of that city on the date of January 31. The convicted man is currently 38 years of age. Due to the minimum incarceration period of seven years, he will be at least 45 years old upon release---perhaps 48 years old if the maximum sentence of 10 years is imposed upon him. A NY City Criminal Lawyer says the deceased friend of the accused was 36 at the time of his death.

This sort of situation is not outside the expertise of a New York Criminal Attorney, who is familiarized in representing defendants who have made unwise choices regarding alcohol and the operation of motor vehicles.

Continue reading " A Woonsocket man is convicted of DUI resulting in death following a vehicular collision " »

After a man was arrested for trying to become a prostitute's pimp, some lawyers have begun to question what constitutes a pimp in the first place. According to current California state law, a pimp is a person who encourages others to engage in sex activities for money who are not already doing so. A NYC Criminal Lawyer says this is pandering. While some agree this is an accurate description, in the case of the man convicted of pandering, the question becomes whether he is guilty of pandering in the first place since the woman was already working as a prostitute.
As it turns out, the prostitute was actually a police officer working undercover to catch people trying to buy sexual services. If the laws in California are changed, people trying to recruit those who are already prostitutes may no longer be charged with pandering and may receive a lesser charge which does not include any jail time. Currently, those charged with pandering may be charged with up to three years in prison. Sex crimes charges are typically reserved to those that run brothels or prostitution rings and who are actively trying to get others to become prostitutes.
The man arrested for pandering was not a pimp. He worked as a night janitor for his family's office cleaning company. When he approached the undercover police officer he knew the area that was a known pick-up spot for prostitutes. It is unclear why the man pretended to be a pimp. He may have wanted to start a prostitution ring or was lying to seem more important to the woman. Since his release, the man has been unavailable for comment. Until the disagreement is settled between lawmakers, lawyers and community leaders, additional cases similar to the man's case will be reviewed.
Many lawmakers insist that the laws currently in use such as pandering and solicitation are enough to keep most people who want to go into prostitution or become pimps or madams from doing so. Changing the laws would have little effect and would be a waste of time. The main argument for changes to these laws is the amount of time spent in jail. If the man had been convicted of solicitation instead of pandering, he probably would have received probation instead of jail time. Probation may have included community service, counseling sessions or paying a fine and no time spent in jail.

Continue reading " California Questions Its Laws about Pimps " »

A bill that is coming up before the Mississippi Legislature could make it every law officer’s responsibility to check immigration status, reports a NYC Criminal Lawyer.

Senators passed a bill (34 to 15) that would grant police officers the power the check immigration status of anyone they pull over, or stop at a traffic stop. The Police Chief stated that they already do so if they have a reasonable suspicion and that they work with ICE when that happens. ICE, Immigration and Customs Enforcement, is the federal agency usually in charge of immigration matters.

Mississippi Senators want to pass the law so that they can prevent an immigration problem. They believe that more eyes and ears looking out for illegal immigrants can help to eliminate the problem.

The Chief of Police says that the Sheriff’s depart already determines immigration status before booking someone in jail, and states he only has one issue with making the immigration checks mandatory. He spoke about priorities, and what happens when something comes up that is a higher priority than immigration.

There is opposition to the bill. Naturalized Mexican Americans are protesting because they feel like it leads to racial profiling. Some feel that the police will not target anyone else other than the Hispanic. Others feel like they have a right to be in this country because they take the jobs that no one else will take.

The bill must still go through Mississippi’s House, where it will likely face more opposition than it did in the Senate, before becoming a bill.

Continue reading " Mississippi To Take After Arizona Immigration Laws " »


Just because you are in the country illegally doesn't mean you should have to pay out of state tuition for college, according to one state Senator in Maryland. A New York Criminal Lawyer revealed that the Senator is planning on introducing a new bill that would offer individuals who have attended high school in the state the chance to pay in-state tuition rather than the substantially higher cost of out-of- state tuition. 

The thinking is that once the state has invested money into their public education, then it just makes sense to make sure that they have the means to continue to get a good education so that when they finally do become legal to live in the country, they will be a viable asset to the work force, if they are not already. 

Advocates of this proposal claim that though they may be living in the country illegally, they are still worthwhile citizens and should not be denied an education and a chance to move ahead. Those who oppose such reasoning say that if they have gone through an entire education from grade school to high school illegally and on the taxpayers dime, then why not just give them citizenship outright? After all, they have been here long enough.

Children born to illegal immigrants face legal struggles of citizenship even though they were born here. The expense of becoming a legal citizen is too high for most lower class families to afford, explained the New York Criminal Lawyer. More than an education, these people just want to belong here. Once they are citizens, they would get the same tuition rates and have the same access to scholarships and financial aid as everyone else. 

Legal issues are a challenge no matter where one is in their life.

Continue reading " Senator wants to give illegal immigrants tuition discounts " »


There is a new law on the books in Tennessee, according to a N York City Criminal Lawyer. This law requires all jailers to ask each and every detainee two questions. a) Where were you born?
b) Are you in the country legally? Two simple questions that seem innocent enough, but which, in effect, could cause a serious back up in the immigration system if the answers they receive are not straightforward. 

The New York Criminal Lawyer stated the reason for the backup would be that any detainee that they do not get a straight answer from, or one who answers that they are in fact, illegally residing here, an investigation has to be performed. Until the Bureau of Immigration and Customs Enforcement gets a hold of these detainees, they are going to have to be housed somewhere. 

Who will pay for such housing during this backlog of a system that is already flooded with detainees? It seems like it will be the taxpayers who foot the bill. Basically, the immigration system is already filled to capacity. Even if authorities decide to detain the individual for deportation, the time will vary on when that occurs. If they opt for the normal avenues, that could take time, as well. 

The NY Criminal Lawyer stated that whether they are detained as an illegal immigrant or a prisoner, they will basically be relying on taxpayers dollars to feed and house them, so really, the law does not change all that much. In the United States, our prison system is already profusely overcrowded. It seems like it might be a better idea to keep people from doing things that would get them prison time in the first place than to just sort them out once they get there. 



Continue reading " New Tennessee law requires two simple questions, poses no easy solutions " »

A new law in California could subject the parents of children who don't make it to school each day to hefty fines and in extreme cases, jail time. Advocates of this new law claim that the extreme penalties are a good deterrent, keeping parents in line with the compulsory education attendance policies and insuring that their children get the full benefit of their education. 

However, according to the NYC Criminal Lawyer, those who oppose this new law claim that it is just another way to strong arm parents into submission and to take away their freedom to raise their children the way they see fit. While there are extreme cases involving lack of responsibility or concern for the whereabouts of their children, in many cases the truancy fines and penalties are being imposed upon parents who are doing the best they can to make sure their children are at school. 

These parents are good, hardworking people who are living life to the best of their ability and sometimes that involves their children not being in school. Not everyone places the same dogmatic importance on public school as the powers that be would like for us to, opponents of the bill claim. Education should be thought of as a way to enrich a child's life and not control it. A parent who wishes to keep their child home from school for a day trip to an orchard or a museum could find themselves in hot water if they make a habit of it.

 New York Criminal Lawyers know the same laws that are meant to protect children who have negligent parents can and will affect those parents who have a different ideology when it comes to what life and education are really about. In the case of this new California law, parents could end up facing a year in jail and a $2000 fine. 

Though laws are put into place for the good of all, they can sometimes fall short by hurting the people they are trying to protect.

Continue reading " New law threatens jail time for parents of truant children " »

Following an intense situation of alleged parental child abduction, a man from Fort Meyers is said to have been found along with his son in the state of Michigan, to the joy of the boy’s mother.

Last October, a young boy in the midst of his parents’ divorce was abducted by his father following a warrant for the father’s arrest. The father and mother had previously divorced, and were sharing legal custody of the child in the form of legal visits with the father. When the father discovered that a warrant was issued for his arrest, he panicked. Following the confirmation of this warrant by way of a patrol car visible near the mother’s home, the father proceeded to flee with the boy.

It is the testimony of the mother that both father and son from Fort Meyers have been found in Michigan; however, as noted by a NY Criminal Lawyer, authorities have not verified this testimony on the part of the mother, who when asked to comment, replied, “I’ve been hoping for this every day. Today is the best day ever.”

The serious legal repercussions of this situation are specified by a New York Criminal Lawyer: according to the Lee County Sheriff’s office, the father was charged with “interference with the custody of a child”, which is a felony of the third degree in the state of Florida. It is also noted that the father was placed on the “10 Most Wanted list” of South West Florida’s Crime Stoppers.

Continue reading " A Fort Meyers father is pursued following alleged abduction of his son across state lines " »

Not one, not two, not even three, but well over one hundred different police agencies throughout the great state of California got together and announced a new plan that would be in place to discourage people from drinking then driving, said a New York City Criminal Defense Lawyer. The plan was to start with the holiday season and then continue into the new year. Don't take the party on the road, was the new slogan. A catchy, simple reminder that alcohol and cars simply do not mix - no matter what someone may think in a dumb moment of booze induced stupidity.

Young men, fueled with testosterone and who knows what else are the worst offenders, a police spokesperson told a NY City Criminal Defense Lawyer. They drink, drive, and think they can take on the world. They have a self-centered world view where they are king and everyone else exists to simply help them live however they want. Drinking and driving is a problem all over the country, but California has seen its fair share pain and horror. In L.A. alone there were over one hundred and fifty DWI related deaths.

Police recommended many simple steps people can take all in an effort to lessen their likelihood of killing someone while drinking and driving. A New York City Criminal Defense Lawyer indicated that they encouraged people to pick a designated driver, locate public transportation, or make arrangements to stay the night.

Continue reading " California To Crack Down on DUIs State Wide " »

The state of Georgia is taking steps to pass an immigration law similar to that which exists currently in Arizona.

As of March 01, the southern state was in the process of passing a controversial bill that would increase measures to prevent the infiltration, residence and employment of non-U.S. citizens in the state. A N York Criminal Lawyer recognizes that if this measure goes through as planned, Georgia will become the second state to pass such an immigration bill, with Arizona’s current policy being the model.

It is noted that the American Civil Liberties (ACLU) has announced its plan to sue, in the event that the bill includes any freedom on the part of law enforcement to pose question individuals. According to the proponents of this controversial bill, their strong support is due to what they perceive to be a currently insufficient immigration policy. The vote on this proposal is anticipated for the second week of March. The proposal states that one of its main objectives is to tighten security measures by requiring law enforcement officers to request a person’s immigration status. Though it is claimed that reasonable cause must exist for such an inquiry to have validity, there is significant opposition to this proposed measure. It is not stated what parameters exist in reference to “reasonable cause” on the part of law officers, but the threat of lawsuit on the part of the ACLU may very well complicate things.

It is the realization of a NYC Criminal Lawyer that currently, there are proceedings even in the state of Arizona aimed at confronting that state’s current immigration law. In fact, Arizona and Georgia are not the only states that currently find themselves involved in debate on this issue of immigration. According to sources, several other states within the U.S. are reflecting on their own immigration policies, with the possibility of alteration.

If the immigration policy of Georgia follows a similar path to that of its predecessor Arizona, a main aspect of the Georgia bill would have serious consequences for individuals who “willfully and fraudulently” take steps toward employment through the illegal avenue of obtaining a fake state identification.

Due to the volatility of this controversial bill as well as the fact that such measures are being considered in several states, it is anticipated that many might find themselves engaged in legal proceedings that stem from the decisions made by state governments.

Continue reading " Georgia takes steps toward a tougher immigration policy " »

A former sheriff’s deputy from King County, Washington, was arrested in Arkansas. The arrest came as part of an investigation that was prompted when the former deputy applied for a job with an Arkansas Sheriff’s Office narcotics task force.
The former deputy had resigned from his post in Washington in order to move closer to his family in Arkansas. However, prior to his resignation, he was already under investigation in Washington State for first-degree theft, which stipulated that he had kept drugs that were assigned to him as a training tool for his K-9 partner. After the former deputy had applied for the Arkansas position, the U.S. Marshals were then notified to assist in the investigation due to the Washington State charges there were pending.
The King County Sheriff’s Office told NY City Criminal Lawyers that they take their position of trust seriously, and once it was learned that the narcotics was unaccounted for that they began an investigation immediately. The Sheriff’s Office spokesperson went on to add that the public trust means everything to them.
As part of the former deputy’s duties in Washington, his last assignment was as a K-9 officer. K-9 officers are routinely issued narcotics that are stored in the local drug task forces inventory for training purposes. The former deputy is reported to have kept narcotics with a value of more than $44,000. Under normal operating procedure when officers are issued narcotics for K-9 training purposes, they are required to return the narcotics to the inventory and not store them in their patrol car, nor are they to be taken home with the officer.
As a part of the ongoing investigation, a NY Criminal Lawyer learned that when investigators searched the former deputy’s home as a result of a tip from his estranged wife, a cooler was discovered in the rafters of his home. The cooler contained a bag of marijuana, as well as other containers that were marked with “coke” and “meth.” Many of the bags that were listed as having narcotics in them were discovered to be empty. The investigation into drug possession is continuing.
Have you recently been brought into the criminal justice system and do not know where to turn? A New York Criminal Attorney stands ready to speak for you and work toward a satisfactory resolution to your legal problem.

Continue reading " Arkansas Arrests Former Seattle Deputy " »