New York Criminal Lawyer Blog

A report commented on how a model police detective, a professional with a sterling arrest record and meritorious conduct record, disappointed his community and his co-workers when he was arrested for DWI last week. The detective was arrested after officers noticed his erratic driving while operating an unmarked police vehicle. Charged with drunk driving on Friday night and arrested, the detective was arraigned in Albany court on Monday, but would not comment on his case. The detective is the spokesperson for the local police department and reporters are accustomed to his detailed reports on crimes for which arrests have been made or verdicts been given by the local court.

Residents were not pleased with the conduct of one of their local heroes. Most of their responses had to do with disappointment over the hypocrisy involved in the detective’s behavior. One woman said she was disappointed that the detective had been enforcing laws he couldn't uphold himself. Another resident commented on how telling it was that the detective refused a breathalyzer test at the time he was stopped. "That says a lot," was all that one resident had to say about it.

The head of a local action group against drunk driving found a silver lining in the disappointing arrest made Friday night. The activist said that it was encouraging that local law enforcement was willing to arrest "one of their own" because in other counties it is not the case. She went on to say that she hoped the detective had learned his lesson in all of this, and that "He's lucky he didn't hit anybody."

The detective issued a statement to the press in which he expressed regret for the "negative publicity" the incident had spurred, and how it has impacted his family and his employer, sources close to the incident reported to a newsman. The detective was suspended without pay. His next court appearance is scheduled for May 2011. This would be the procedure in Brooklyn and The Bronx also.

The local department's removal of Detective Miller required the appointment of a replacement for media relations, authorities relayed to a TV station. Deputy Chief Stephen Reilly was given the appointment.

The detective has been serving the local police department for 19 years.

Continue reading " Model Police Detective Lets Down His Community and His Department with DWI Arrest " »

Was a criminal attorney really necessary? A study reviews one case brought before the Supreme Court justices because a jilted wife was charged under a federal law for trying to poison her husband’s girlfriend.

The federal law in question was first written in order to implement a chemical weapons treaty. The treaty was designed against chemicals which were deadly and used during times of war. Unfortunately the federal law was written in very broad terms thus used against this scorned lover who is facing a severe penalty for trying to poison her husband’s lover, formerly her best friend.

The twist comes in the fact that the woman’s guilt or innocence is not in question. She admits to trying to poison the woman pregnant with her husband’s baby. She is questioning her sentencing under this federal law, stated a source. This questioning of a federal law has raised eyebrows on the political front. The question has arisen of whether or not someone, a regular citizen, has a right to sue over a law that was written for a different purpose. Who truly has the right to challenge the government? Her lawyer is former Bush administration solicitor Paul D. Clement and he is quoted as saying his client should not be deprived the right to challenge the government. His exact words are that she should have the ability “to challenge the constitutionality of the federal statute under which her liberty is being deprived…” and this “should not be open to question”. Even the federal government agrees that she should have the right to challenge the federal law even though they also feel she would not win the challenge.

An expert reconstructs the conversations held by justices during the arguments. Justice Alito shared his skepticism of the original law and its broadness saying that the law could be applied even if something as simple as pouring vinegar into a fish tank had occurred because it may cause the death of the fish. The lawyer, Clement, states that he has a hard time applying a law about chemical warfare to ingredients that can be purchased on Amazon.com. It should be noted that the lover was only mildly affected by the ingredients used to poison her. The issue was once again broached by Ginsburg of whether the defendant had a right to challenge her conviction based on the law under which she was punished.

Should government be allowed to decide who can challenge a conviction and who cannot? Should the spirit of a law be taken into consideration? No matter how one feels about those questions, if trouble arises a smart person can help in criminal legal matters.

In Dallas a 68 year old real estate executive is under federal indictment for allegedly committing mail fraud. This patron of the arts is said to have defrauded his investors out of over six million dollars in conjunction with two separate projects. It has been alleged that the real estate executive made false claims and representations to investors to gain funds. However, it has been said that most of the funds were used for things unrelated to the projects. One project in New Mexico and another in Parkwood Crossing in Fort Worth are those that are involved in the alleged scam. It has not yet been declared what the funds were used for, whether other projects or personal use.

The real estate executive’s attorney finds the indictment surprising as it came the day after a settlement was agreed upon between the real estate executive and the investors. The attorney states to a reporter that the fact that the investors agreed to enter into a settlement and provide affidavits of non-prosecution seems to point toward a sentiment of favor toward the defendant. This type of agreement can be seen as unusual in this type of case. The lawsuit that was just settled out of court was not exclusive to the Parkwood Crossing or New Mexico projects though they were included in the overall settlement.

It can be argued by any expert, just as it was argued by the defendant’s lawyer that all of these properties lost value due to the worldwide recession, not because of mishandling of funds. A continuing economic recession could not have been predicted by the real estate executive, nor is real estate always a sound investment in an uncertain economy.

Prosecution contends that the executive made false representations to investors on behalf of two large developments. However prosecution has not yet released how the investors were defrauded or where the money was used.

This case may not soon end as it has been reported that the defendant has fled the country. This seems to have occurred shortly after the fall of his real estate business in 2009. The defendant is said to be living in Brazil. Prior to the alleged incidence the executive and his wife were major supporters of the Dallas Arts world, including the Opera and Performing Arts Center.

Continue reading " Indictment of Arts Patron " »

A plea of guilt was given Wednesday from a Montgomery County woman in an ice pick murder case. This case included a false promise of sex, an argument over child custody and the fact the a new husband was willing to kill using an ice pick, reported a police source.

This woman may get life in prison for this murder. She lured a man to her house and as she hugged him in her front yard, the new husband came out from behind a tree and killed him. The victim was stabbed 13 times and quickly died after being stabbed in the heart and lungs, according to a report.

The idea of using an ice pick came from a friend that claims to have killed many people using one and it’s considered a clean kill without a lot of external bleeding. A very brutal and violent way to die. This killer even stabbed the victim in the back as he tried to get away, explained a policeman.

A lady was driving down the road and happened to see the victim laying in the street and assumed he was drunk. It wasn’t until an autopsy was conducted that the use of an ice pick was found. This was all tracked back to the lady and her new husband because of a child custody dispute. The victim still had his identification on him and was easily identified. The detectives found the ice pick in a desk drawer at the woman’s house.

Continue reading " An ice pick murder case involves a woman " »

Hospira Inc. has decided to stop producing their anesthetic that is frequently used to terminate the life of those who are faced with charges like murder meriting the death penalty. A study shares further insight, that a drug company, Hospira Inc., that is based in Lake Forest, Illinois has chosen to discontinue the production of their drug: thiopental sodium. This drug is commonly used by many states when the lethal injection becomes necessary.

This decision has thrown a permanent hitch in the justice systems process of capital punishment. Though, it might be possible to switch to a different drug, for the use of lethal injections, a switch like that requires a great deal of paper work, and approval—something that certainly wouldn't be happening overnight. According to a report, since the drug company's choice to halt production, many prisons have already run out of thiopental sodium, causing a delay in executions. The company planned to resume their production that was based out of their Italian plant, but a person explains, that the Italian government refused to have this Italian-made drug used in lethal injections.

However, a substitute drug has surfaced: pentobarbital. This drug was commonly used to euthanize animals in Oklahoma, but due to the shortage of thiopental sodium, the drug was approved by a US District Judge and used as to no longer further delay the execution of two Oklahoma inmates. In the early 1970's Oklahoma was the first state to approve the use of thipental sodium in lethal injections, and perhaps they may be the state to lead the way again, promoting the use of a new drug in lethal injections that will put our nation's capital punishment system back on track.

Continue reading " How a Drug Company Puts the Death Penalty On Hold " »

DUI charges have been filed against a Louisiana woman driving a commercial vehicle through the state of Kentucky last weekend, reports a person familiar with the case. The woman was stopped in Shelby County by a member of the Kentucky State Police.

According to a source, an officer with the Kentucky State Police Force reported that in the course of his routine inspection of her commercial vehicle, which was carrying hazardous materials, he found reason to believe that she was under the influence of alcohol.

The pending case against the woman, who is originally from Baton Rouge, Louisiana, was further solidified when the reporting officer uncovered an unconcealed, open bottle of alcohol in the passenger’s cabin of the car, within easy reach of the driver.

The plaintiff was taken to the Shelby County Detention Center, where she was held pending a bail hearing. She was charged with operating a commercial vehicle while under the influence of alcohol, DWAI, possession of an open container of an alcoholic beverage in a motor vehicle, and violation of federal motor carrier safety regulations, all charges which the complaint stated would be typical of those filed in this type of case.

An incident report is not available at this time, and further details are forthcoming pending ongoing investigation into the incident, but typical procedure in a case like this would include an arraignment followed by a bail hearing, where the woman will be allowed to enter a plea.

Continue reading " Shelby County DUI " »

One 20-year-old male suspect, of the 4800 block of Main St., was arrested for his alleged involvement in a Monday afternoon shooting in Las Cruces. One person was injured in the assault and had to hospitalized, Las Cruces police department officials reported to a source. LCPD officials have yet to arrest another suspect in the assault, though others were reportedly involved.

Authorities said they were still looking for the small caliber black revolver which was believed to have been used in the shooting. Anyone with information about the gun’s whereabouts or having information about the assault may contact the LCPD.

The suspect and several other men physically assaulted an 18-year-old victim close to 4 p.m. Monday in an abandoned dirt lot between an apartment on the 2200 block of Bex Street and the Chilito’s restaurant on S. Valley Drive, the LCPD told a reporter. Authorities didn’t disclose a reason for the assault, but said the altercation lasted several minutes before the suspect pulled a gun.

The 20-year-old fired two shots from his small caliber black revolver, attempting to hit the 18-year-old victim, police told a radio station. One of the bullets hit the victim, injuring him in his abdominal area. According to the police, the victim initially left the area, along with the other men who were involved in the assault. Further details of the assault are not known at this time.

While the stomach injury did not appear to be life-threatening, authorities indicated to a source that the 18-year-old victim had to eventually be airlifted to the El Paso University Medical Center. Police in New York City and Suffolk are aware of this case and are awaiting the outcome.

The 20-year-old suspect was arrested Monday evening at his mother’s house. He was charged with a third-degree felonious aggravated battery with a deadly weapon for the shooting. Police explained to a group that the suspect was also charged with fourth-degree felonious evidence tampering, but did not indicate the reason for the second charge.

The 20-year-old suspect’s bond was set at $50,000, and he is being held at the Dona Ana County Detention Center pending further investigation. Other suspects have yet to be arrested.

Continue reading " One Suspect Arrested in Monday’s Shooting; LCPD Still Seek Gun Used in Shooting " »

A man accused of killing a mother and grandmother while being high on crack cocaine had fourteen prior arrests at the time of the fatal crash, claims a police report.

The man's drug abuse was well known to local authorities before the accident in which he struck and killed a mother and grandmother with his Chevy Tahoe. The 30-year-old man had faces charges 14 times prior to the January 6, 2011 crash.

The man has faced a variety of charges, including possession of a controlled substance and marijuana. The man was arrested several times for driving with a suspended license and with a revoked license, reports a source. In total, the man has faced 55 charges since 1999.

According to authorities, the man was hospitalized with a broken pelvis and two broken ankles. He is currently under house arrest at his home and is equipped with an electronic monitor so authorities can track his whereabouts. He was not taken to jail upon release from the hospital because the jail is not equipped to care for his injuries. The jail only has two to three medical staff members to serve approximately 1300 inmates housed at the jail. The man is currently bed-ridden and required constant care. As soon as he has sufficiently recovered, he will be moved to the jail, according to authorities.

The man faces two counts of murder, possession of cocaine, two counts of assault and driving with a revoked license.

Continue reading " Murder and DUI Suspect Had Been charged 50 Previously " »

A father of three children who were removed from his home states that the conditions were all a misunderstanding, according to a reporter.

The 30-year-old man, who recently graduated from nursing school and is now seeking employment has sole custody of his three children, aged 6, 4 and 2 following a divorce from his wife. His ex-wife called police, stating that she received threatening messages from him and that he sounded drunk.

When police arrived to the man's house to investigate, the home was found in disrepair. Authorities describe seeing rotting food, mice and mice feces and pieces of wood with nails scattered around the home. Because of the living conditions, authorities removed the children from the home and placed them with the man's parents. The man was charged with three counts of felony neglect of a dependent and domestic violence, states a court order. He posted a $2,500 bond and was released 23 hours after being charged.

The man explained that he was in the process of replacing the floors in the home and that there was no rotten food in the home. He has cleaned up the debris, which also included numerous whiskey bottles and other trash, and moved it outside until it can be hauled away. He has also filed charges against an officer who reported he was drunk when they arrived, when in fact he had been sleeping. The man will be back in court in March to determine the outcome of the neglect charges. Until then, the children will remain with his parents, explains a family friend.

Continue reading " Father Defends Living Condition " »

A man is filing a wrongful death suit against his estranged wife claiming she was directly responsible for their son's death, states a report. The man filed the suit in January. The alleged suffocation occurred in June, 2010. The wife has been jailed since being arrested after the incident in December.

The man, who has also filed for divorce from his wife claims that his wife's domestic violence was “intentional.”

The wife is charged with first-degree murder in the suffocation death of their 6-month-old son. Authorities state that the woman admitted to placing a plastic bag over the child's head and then covering him with blankets. The woman has plead not guilty by reason of insanity, and her attorney's claim she was suffering from postpartum depression at the time the incident occurred, offers an explanation. Postpartum depression is a hormonal imbalance which causes a woman who has recently given birth to act irrationally. It occurs when the hormonal levels are attempting to return to the levels prior to pregnancy and birth. In most women, it causes depression and sadness, but the symptoms abate in a few weeks. However, in the most severe cases, a mother has been known to harm of kill their children.

The lawsuit claims that the woman believed the child to be autistic, and feared the child would destroy her both emotionally and financially. The woman worked with autistic children at a local children's hospital for two years, so she was well-versed in the condition, reports a source.

The woman's legal team requested bail, but the request was denied.

Continue reading " Man Sues Wife for Wrongful Death of Infant Son " »

Federal court authorities plan to move the trial of alleged Tucson gunman Jared Lee Loughner to San Diego due to the extensive publicity following the Jan. 8 shooting that killed six and critically wounded Rep. Gabrielle Giffords (D-Ariz). Among those killed was the state's chief federal judge, John M. Roll. Rep. Giffords was holding a rally at a shopping center when the shootings took place, according to a reporter.

Larry A. Burns, a federal judge based in San Diego, has been appointed to hear the case due to Arizona judges recusing themselves from hearing the trial. It is expected that Lougher's legal team will request the change of venue. It is anticipated that prosecutors will vehemently oppose any attempts to have the trial moved out of the state of Arizona a source stated.

If moved, the trial will most likely be moved to San Diego, first because the Burns is based there and secondly because San Diego is the closest federal district. Although change of venues for trials are not granted on a regular basis, high-profile cases are generally given special consideration. For example, the trials for Timothy J. McVeigh and Terry L. Nichols were moved from Oklahoma City to Denver due to the publicity after the Oklahoma City bombing, offers a person close to the case.

Loughner is charged with murder and attempted murder and is being held at the medium security Federal Correctional Institution in Phoenix. For his own protection, he is housed in solitary confinement and allowed an hour a day for showers and exercise.

Continue reading " Tucson Shooter's Trial To Be Moved " »

It is fairly common for most people to instinctively hit their brakes when they see a police cruiser sitting on the side of the road, in many cases even when they are going the speed limit. People are by nature, creatures of habit, says a patrolman, and they instinctually react to situations over and over again in the same way even when such measures are uncalled for. But if your heart begins racing when you see one cop sitting lonely with his radar gun, imagine how you will feel when you drive a quarter mile and then find two more waiting for you.

Police in many states have begun to use a technique called the ‘wolf-pack’ to find DWI impaired drivers, particularly during the busy holiday season. A wolf pack involves a large number of officers deployed to the same small area to combat drunk driving by spotting offenders before they have a chance to hurt anyone, informs the authority. Police are well trained to identify the signs of DUI, driving under the influence of alcohol, but even so, there are a lot of cars on the road to watch.

The wolf pack technique puts more eyes on more drivers, and the officers communicate with each other via radio to alerts other officers of a potential impaired driver coming down the road, explains the source. This technique has proven very effective at identifying and stopping drunk drivers in their tracks. The next time you see one police officer sitting on the side of the Interstate waiting for his next traffic stop, you might want to be aware that there could be several more officers around who are watching you, as well. Of course if you aren’t breaking the law, then you won’t have anything to worry about, which is the safest and smartest way to go.

Continue reading " Police hunt in packs to locate impaired drivers " »

Taking the law into one’s own hands is never the best way to handle a situation. People tend to get hurt and once the actual legal system gets involved the process may become overwhelming. If you find yourself in a situation in which taking the law into your own hands has become an issue. If this landlord had simply waited to see what was going to happen, perhaps this would not have escalated into assault.

Though the case has been forwarded to prosecutors, no charges have been filled as of yet. The 73 year old owner of the duplex in which the tenant lived ran over a man he said was standing behind his vehicle and refusing to move. West Fargo police state that Cass County prosecutors may charge the vehicle driver with aggravated assault. The tenant remains hospitalized and has been unable to speak to detectives following his injuries. In fact it is likely that the hospitalized man will not be able to speak to detectives for several more days. A rep would be a good avenue to pursue for this landlord.

The landlord told reporters that he felt threatened and scared by some man standing in the road who would not move. The landlord then states he saw another person coming up behind his vehicle and the fear was magnified. This all took place around 7:15 P.M. in the 600th block of Second Avenue West while the landlord sat in his Hummer.

Witnesses share a different story as two separate people state that the landlord struck the tenant on purpose, knowing where he was and who he was. Though he should probably hire a person for representation it does not appear the landlord has retained representation. This may be because no formal charges have been filed, but a rep should still be considered.

The landlord states that he will contest any charges that may be filed. He also adamantly says that he feared for his safety and did not purposely run over his tenant with his Hummer. It can be assumed that the landlord’s vision will be questioned as well as a history of disputes or arguments between the tenant and landlord. Witnesses will also play a large part in the decision of whether or not the prosecution is going to pursue this case as criminal.

Continue reading " Landlord Running Over Tenant " »

In an effort to more easily identify illegal immigrants who have committed crimes, there is a new federal program that uses fingerprinting, using federal databases, to do so, explains a reporter. This program is being adopted by states all across America in an effort to nab illegal immigrants who have been convicted of a crime like drug possession to make it easier to process them. This program is said to be implemented across the entire U.S. by 2013.

Opponents of this program say that such measures are unnecessary, but police and law enforcement all agree that it makes the task of prosecuting illegal immigrants who have previously committed crimes much easier, reports the insider. A routine traffic stop could turn bad for any one of America’s millions of drivers, especially if they have a warrant out for their arrest and they are caught with cocaine in their possession. Why should it be any different for an illegal immigrant?

With the plethora of new laws being made to keep catch perpetrators of crimes, it can sometimes seem a little overwhelming, but law enforcement continues to insist that these new technological advances and programs are necessary to keep peace on our streets, explains the source. Of course, there are still flaws in the system and bugs to be worked out, but like everything else, this new program will take time to implement and to perfect. In the meantime, we are being urged to accept these new laws as being a step in the right direction for combating crime in all areas.

Continue reading " Federal program uses fingerprints to identify illegal immigrants " »

Because women are suppose to be physically weak there are some men who take advantage of this and physically abuse their partners, wives, daughters and others. Disturbing reports are very common, particularly domestic violence issues where the victims are the wives and the children.

On March 7, 1997, the defendant who is the ex-boyfriend of the victim attacked her in front of her apartment. She and her three daughters where coming home from the supermarket when the defendant attacked from behind. The victim then was wheeling the baby carriage when the attack began and her two older daughters who were 7 and 12 years old were frightened by what they saw and began to cry. The victim’s face smashed against the fence and the baby carriage was knocked over. The defendant was very angry because the victim filed a complaint against him previously and put him in jail apparently because of domestic violence.

The defendant then grabbed the victim by the back and neck and ordered her to open the door knocking her head on the door in the process. The children followed behind, the older children carrying the baby inside. Upon entering the apartment, it is very fortunate that the children know where they will go. They went straight to their bedroom and stayed there while the defendant continuously assaulted the victim. They could hear him verbally abused their mother. The defendant also beat the victim using his hands, feet and a metal pipe. The defendant’s terror lasted 10 hours. The horror that the children experienced while they were trapped inside their bedroom has left them traumatized for a long time. They were afraid for their safety and afraid for their mother’s safety as well. All along the defendant was threatening the victim that he will leave her children motherless because of what she did to him before.

After a long time the victim finally got the chance to sneak out. She ran frantically to the nearest phone and called the police. The police arrested the defendant and filed charges of domestic violence against him. He also endangered the safety of his victim’s children. He also exposed them to the horrors of domestic violence.

The defendant was charged by the court with two counts of endangering the welfare of a child and intimidating a victim or a witness according to a Brooklyn Criminal Lawyer. He was also charged with menacing and a number of felonies related to the order of protection.

What the victim and her children experienced is a terrible situation that can haunt them for a very long time. The effect on the children of domestic violence has been documented for over two decade. The effects of such action or experience on them have already been established as very destructive and can affect how they see their life inside their home. The feeling of constant fear hinders their healthy well being.

It is just very fortunate that a New York Criminal Lawyer can understand what it feels like to be in a situation of fear and violence. They understand that in times like these fear is the worst enemy of all. They encourage everyone suffering from domestic violence, abuse or a sex crime to come out and tell their stories.

Continue reading " Disturbing reports are very common particularly domestic violence issues wherein the victims are the wives and the children. " »

Driving under the influence of alcohol DWI is not only dangerous, but if you get caught doing it, it will definitely cost you, warns a policeman. Law enforcement agencies across the nation are adopting stronger policies against drinking and driving that are aimed at curtailing impaired motorists and saving lives, and many say their message seems to be getting through.

The study reports that DUI arrests in many states have increased due to the extra enforcement on the road, particularly during peak high volume holiday seasons when drinking and driving seems to be the most prevalent. In California alone, the number of arrests for driving under the influence has increased 18 percent since the year 2001. This increase in DUI arrests can be seen as successful, in that it is keeping impaired motorists off the streets and keeping innocent drivers safe from harm.

Driving under the influence of alcohol hurts and kills many people every year. According to the authorities, in 2010 there were approximately 211,000 arrests nationwide and more than 27,000 injuries or fatalities due to drinking and driving. Along with more enforcement, stricter penalties are given to those who break the law and drive while drunk. In the state of California, a first time DUI conviction can rack up more than $12,000 in fines, penalties, legal fees and increased insurance costs. Drinking and driving, authorities insist, is never worth the cost of other people’s safety, and those who are caught doing it will face higher fines and penalties in order to drive that fact home.

Continue reading " In California and other states, the cost of a DUI is high " »

After a two year legal ordeal in which an Albany bar owner was accused of initiating a vicious assault on a Times Union food critic, a verdict of not guilty has been reached, states a person close to the case. The owner of the bar had been accused of setting up the assault because he was upset with the reviews that the food critic had given his establishment earlier that year. In October 2008, two men attacked and severely beat the reporter, and the incident was immediately linked with the owner of the bar.

According to the police, it was determined that even though the owner of the bar had been heard making threats and inflammatory remarks about the food critic after having had an altercation with him, the evidence was purely circumstantial and did not prove beyond a doubt that the bar owner set up the attack. The two brothers who carried out the vicious assault both avoided jail time. One of the men avoided jail time by cooperating with authorities in the case and the other man had his case thrown out after prosecutorial mistakes in the case were made.

The victim of the assault was understandably disappointed by the not guilty verdict, claims the same person, though he maintained that he had respect for the jury and for the difficult decisions that they were required to make. In an unrelated case, the bar owner recently plead guilty to failing to pay almost $200,000 in state sales tax, which could land him in prison anyway.

Continue reading " Albany bar owner found not guilty of perpetuating assault on food critic " »

A popular Portuguese celebrity journalist was found murderedhttp:// and mutilated in his New York hotel room, a friend was told by police. The police said the victim had told a close friend that he had started to feel threatened by his young lover.

The victim was a gay activist and society columnist. He was beaten to death. His scrotum was also severed with a wine glass that had been broken during a fight with his lover, who is a fashion model.

The 65-year-old journalist was found in a puddle of his own blood. He was found face up in his room at Inter Continental New York Times Square hotel room on W. 44th St.

He had earlier told a close friend that he was scared to be with his lover. His friend returned home early from a trip to check on him, but she was too late. The friend actually saw her friend’s lover in the hotel lobby before discovering her friend’s body.

The police are holding the journalist’s lover. Police were not able to find him for several hours.
The lover took a cab to the Roosevelt Hospital to have several wrist wounds bandage. The police believe they may be wounds from a failed suicide attempt, said a source.

Later, the cab driver recognized the man’s picture on the late night newscast and called 911 shortly before midnight. A nurse at the hospital where he was being treated also caught the same newscast and called in the cops, she informed a reporter.

He was arrested at the hospital. Charges against him are pending as the police await a psychiatric evaluation from the Bellevue Hospital.

Continue reading " Portuguese society columnist murdered in his hotel room " »

A couple from Mission, Texas who plead guilty before a U.S. Court District judge were read their sentences Monday afternoon. Three months ago, they pled guilty to conspiring to hire illegal aliens to work in their tavern. They hired women to work at barmaid, but many times they were forced to work as prostitutes, a source was told.

The 54-year-old male was sentenced to fifteen months in federal prison. He has no chance for parole. He also received two years under supervision because of the federal human smuggling charges against him.

The 43-year-old female received two years of probation, as well as receiving a sentence of six more months of house arrests, a friend said. The woman could face deportation after serving her time because she is an illegal immigrant.

The couple has three sons together. The sons were at the sentence hearing, in support of their parents. The woman asked the judge to keep her sons in mind when giving her sentences.

U.S. immigration and Customs Enforcement special agents arrested the couple. The couple owned the El Centenario Bar, northwest of Mission. The prosecution’s case included testimony from the illegal bar maids in the case against the couple.

The women had been deported when their former bosses plead guilty to the charges. The case shows at least eight women who worked at El Centenario Bar, according to a court reporter. Three of the women were living with the couple in an apartment.

Continue reading " Couple receives months for their role in illegal immigrate smuggling " »

Facing foreclosure on a family home or bankruptcy due to ever rising basic costs is a scary option, but help is available. However, one must consider from where the help is coming. A friend accounts what happened when one attorney decided to help himself instead of his clients.

In Chicago one attorney with the help of his wife decided to defraud clients by promising to help with foreclosure and bankruptcy issues. Clients turned to this Chicago attorney for help in their hour of need and were taken for granted, money stolen, and homes foreclosed on even though payments had been made to the attorney. The attorney was using his client’s money to fund his own goals.

An advisor would be one option for representation and given the circumstances this may be the way that the Chicago attorney should precede. The attorney is charged with one count of mail fraud, six counts of bankruptcy fraud and one count of obstruction. His wife is charged with one count of obstruction, two counts of perjury, and one count of bankruptcy fraud. His wife is charged as an accomplice, even though she supposedly did not deal with the clients directly. However, the attorney’s wife lied by completing documents stating that one client had completed a credit counseling course that the client had not completed.

The couple told clients that funds paid would be used to make mortgage payments or to complete Chapter 13 bankruptcy plans, but the funds were instead used for the couple’s own benefit, alleges a charge. It is said that a doctor makes the worst patient and this also holds true for attorneys. This Chicago based attorney should get help from a collegue immediately.

If convicted mail fraud can carry a penalty of up to twenty years with restitution and a 250,000 dollar fine. Bankruptcy fraud also carries a fine of 250,000 dollars and a maximum penalty of five years. Perjury in New York and Westchester only has a sentence of five years maximum in prison. The wife is charged with perjury because she allegedly lied under oath when asked if she had the power to speak on behalf of a client. The couple has been indicted by the Grand Jury, but has not yet gone to trial. Trial dates have not yet been released nor have any discussions of a plea or cooperation on behalf of the couple.

Continue reading " Attorney and Wife Indicted " »

An evidentiary hearing has been set in the lawsuit against a former tax collector. A Milford Superior Court judge set Feb. 7 as the date for the hearing, a source was informed. Milford is located in Connecticut.

Both the prosecution and the defense will present their evidence for the trail before the judge. The judge will then decide if there is enough evidence for the lawsuit to continue to a trial. Not only will the judge hear about any physically evidence, but also if there are any witnesses to the supposed grand larceny, the judge will talk with them.

The parties involved have the right to know the claims against them and the evidence that the prosecution has. The evidentiary hearing gives both parties the ability to be on the same page. If the judge decides there is not enough evidence, the lawsuit will be thrown out.

The town filed a lawsuit against the former tax collector in December 2010. According to the lawsuit, Milford officials state the tax collector stole town funds. She is accused of embezzlement of over $670,000, claims an official . Milford officials believe the theft happened over a six year time span.

Milford is seeking to redeem their stolen money by taking over the tax collector’s house. They believe the house will help get the town back on its feet. The house is located on 2 Douglas Drive.

The tax collector had worked in her elected position for 24 years. She had been on unpaid leave since Jan. 13, 2010. She resigned from her position on June 22, 2010, as reported to a columnist.

Continue reading " Hearing set for tax collector accused of stealing " »

An accident in the city of Paducah Kentucky over the weekend resulted in arrest, when the man responsible for the accident was charged with driving under the influence, DWI, when he crashed into another car in the intersection of Kentucky Dam Road and US 68 outside of Paducah, said a local familiar with the area.

According to police, the suspect (a fifty five year old male) originally from Paducah, collided with an elderly female Paducah resident and her passenger (both also from Paducah) as she made a left-hand turn off of Kentucky Dam Road onto Highway 68. The suspect, who was traveling along Kentucky Dam Road in the opposite direction, failed to yield or slow, and the suspect collided with the right side of the woman’s car.

One observer said accidents such as these are often challenging cases to prove fault in, when they do not involve external factors (such as intoxicated driving) DUI. Because the intersection has both a turn arrow and a green light, it was impossible for the investigating officers to determine whether the victim of the accident had actually had the right of way at the time of the collision. While this issue is moot during the trial portion of the case, the question of right-of-way could become important during sentencing.

The suspect in the case was reported to be traveling with a passenger; a fact which the expert believes could lead to further litigation. Deputies reported seeing the female passenger dispose of several beers.

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Domestic violence whether we admit it or not has been a problem of society even during the early days. Unfortunately, the ultimate victims of this crime are the children. Often times a third party has to step in because both parents are incapable of recognizing that they are in a very menacing situation. Social Welfare may have to step in when the mental, physical and emotional development of the children are being compromised. A New York Criminal Lawyer can explain that social welfare acts as a government arm that ensures the children are safe and not in any kind of danger.

This case is all about domestic violence. The parents has been identified as people who keep on engaging in domestic violence and neither one has the capacity to get out of the vicious cycle of hurting each other. Friends, relatives, neighbors, police officers and even work colleagues have been asked to testify by the court. This procedure was necessary in order to establish a pattern that the parents have been continuously engaging in domestic violence for over 10 years already.

As a result, their eldest daughter has been diagnosed with enuresis or most commonly known as bedwetting at the age of six. The parents along with the eldest daughter were called in to undergo an evaluation at the a county mental health clinic because of their problem with their eldest. Apparently it was found out that the eldest has been playing “referee” or “peace maker” for her parents who were arguing most of the time. These arguments often end up in physical confrontations.

After several years, the children were then taken to their Aunt on the mother’s side after a significantly violent episode. It was observed that at age 11, the eldest daughter was rebellious and still wetting her bed. Her brother was withdrawn and very indifferent to other people. It was very obvious that the domestic violence issue at their home has created a negative impact on their mental and emotional state. The children were not growing in an ideal environment. Sadly both parents admit that what they are doing to each other has been affecting their kids ever since but they simply couldn’t stop hurting each other.

The case workers, as well as a Bronx Domestic Violence Lawyer who was working in this particular case were really concerned about the children’s wellbeing. That is why they have filed a case against the parents for exposing their children to such violence that hinders their children’s mental and emotional growth. In fact, a clinical psychologist from has testified that what the children have been manifesting is consistent to what he had studied and observed as an expert on children’s behaviour.

When children are involved it is considered as something very serious and alarming. The children are the future of a nation and therefore need to be mentally and emotionally capable to handle a great deal of responsibilities in the future. Domestic violence, a sex crime or any other such crime are considered serious offenses by the law.

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Drunk driving, DWI, maims and kills many hundreds of people every year, and has long been a leading cause of death and accidents on our highways and city streets. It continues to be a prevalent threat to our health and safety on America’s roadways today, but apparently the threat is lessening. Perhaps harsher laws and stricter penalties for driving under the influence have contributed to the decline, as fewer people are being arrested for drunk driving now than just a few years ago, believes a reporter.

Arizona, alone, is a state that has seen and reported a dramatic decrease in the number of people arrested and cited for drunk driving, reports the study. In fact, while over 2700 people were arrested on drunk driving charges last December, that number was substantially lower than the 3600 Arizona drivers that were charged during the same time frame just one year earlier. Across the state, officers stopped almost 30,000 individuals for suspicion of drunk driving, which shows their dedication to keeping the roads safe.

Despite the large number of traffic stops, however, it seems that fewer people were arrested. Fewer arrests means less risk for the general public, affirms the source. Police have stepped up their watch in regards to driving under the influence, DWI, undergoing training and education that enables them to more readily point out those who are putting people at risk. There is something to be said for the ‘no tolerance’ policies that have put into place across the country. Keeping our citizens safe is an idea whose time has finally come.

Continue reading " Decrease in drunk driving arrests resulting from harsher penalties, " »

A woman who was featured on America’s Most Wanted was arrested Friday night. Immigration and Customs Enforcement (ICE) agents arrested the 52-year-old woman at Mohegan Sun, a casino in Uncasville, Conn. IEC agents picked her up from the casino floor.

The woman has been on the run since 2006 because she was wanted by New York for conspiracy to engage in human trafficking and interstate transportation of women for prostitution. A reporter was told that she ran a brothel and was being charged with transporting women from other countries to the United States.

American’s Most Wanted had done a feature on her in November 2010. Someone from the casino recognized her as a woman who visited Mohegan Sun often. The person called the show about the sighting.

The women in the brothel would be girls from Korea who had been tricked into prostitution. They were targeted because the women wanted to go to America. When they got to the United States, the girls would owe thousands of dollars and were forced to work in brothels to pay off their debts. The brothels are located on the East Coast, related an insider .

Brothel owners would take the woman’s identification and swear they would turn them into the police if they escaped.

The woman arrested waived her rights to a hearing before a federal judge in Hartford, a spokesperson said on Monday. She will be sent back to New York to face the 2006 arrest charges against her. Her 2006 arrest was IEC’s attempt to put a stop to human trafficking of women in the United States.

Continue reading " America's Most Wanted tip helps put a woman behind bars " »

A Judge shared with a confident about having Public Defenders show to the newspaper media, the billing records for the defense provided to two murders who were convicted. The battle in court was long and costly over this matter. There were a lot of mixed feelings about this in the media and in the judicial system.

The Judge told a source that the Supreme Court in Washington State made the ruling quite succinctly. Apparently, the double murders that took place in 2005 came with billing record that were suspicious and that is why the Judge determined that it should be exposed. The defendants had cost the taxpayers up to two million dollars in the defense of their case. It was when the newspaper sued for the information that it was demanded to be released.

The Judge indicated to the audience that the ruling that one of the defendant’s cost for the case had to be revealed, but the other defendant’s billing record was not forced to be released. The newspaper media has reported that the public needs to know about these things since they are the ones paying for these costs. It was a good victory for those who were eligible to know these things.

The newspaper media hopes that this would send a message to the legal system so that public money is given account for because it is very expensive to defend criminally in the court system. The process itself costs the general public enough money.

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A man who was originally charged with attempted murder for spitting on an emergency room nurse had his charges reduced to felony and misdemeanor assault. He was also charged with harassment, reports a source.

The man, who knew he had Hepatitis C, deliberately spat on an Emergency Room nurse as she tried to restrain him. The man was considered dangerous because he stated he was suicidal and planned to kill himself, according to a report.

While emergency workers attempted to restrain him, the man threatened to spit on anyone who tried to restrain him. The source states the man proceeded to spit in the face of a nurse. Because the man was infected with Hepatitis C, the nurse is currently being tested for the virus.

Hepatitis C is a blood-borne virus that can lead to several liver diseases and cancer. The virus is generally spread through intravenous drug use, but individuals such as healthcare professionals have contracted the virus through accidental needle sticks. However, according to the Centers of Disease Control, the chances are getting the disease through contact with infected saliva is rare, claims a person close to the scene.

The original second-degree murder charge was based on the rationale that the man had taken “a substantial step” to kill his victim. With the charges reduced to felony and misdemeanor assault, it accuses the man of “recklessly placing the nurse in fear of imminent serious physical injury by means or a dangerous instrument, saliva.” The misdemeanor charges contend the man used offensive physical contact and other forms of conduct to place others in fear of injury.

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The Family finally got to sit down and have a child support hearing for their case. Their family is involved in a confusing and bitter child custody and child support case, reports a family friend. The case involved the mother, who was murdered, the father who does not have custody and the little boy. Details were not released on the outcome of the hearing or if they reached a settlement even.

The friend says that immediately after a custody exchange with their son, the mother was murdered when she went back to her car. It was later determined at another trial that the mother-in-law was the one who killed her. She did not like the fact that her son and the mother were in a custody dispute over the kids, so she killed the mother. The murder happened in the spring of 2009.

Since the case involved the mother of the father, the father lost custody. There were no details given to the court about if he helped to plan the murder or had even suggested it to his mother. The mother of the child in the custody dispute won full custody of their grandchild. This care was to determine what child support the father was to pay to the grandparents, since they are raising the child. The custody trial was in 2010 and was a long, painful ordeal for all involved since the mother of the child was no longer present. Reports a New York Criminal Lawyer

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Just hours after Arizona Representative Gabrielle Giffords was shot, a Massachusetts man made threatening emails to a Florida Representative. The man who made the threat says he is a political activist and was arrested for the threatening emails he had sent. The email contained a message to stop legislation that would crack down on illegal immigrants entering Florida’s work places, reported a newspaper. He was also suspected of stalking.

Besides threats, the email was riddled with spelling and grammar errors. The report says the man who made the threats used a public access computer within a coffee store. The coffee store was only a few blocks from the man’s house. Using tracking, police were able to trace the emails to the man and his house. Once police confronted the man, he admitted to sending the email to the Representative. He was upset over the legislation because it may affect some of his family members.

The Representative used to be a law enforcement agent before he became involved in politics, so he knew to report the threat right away. It was unclear to sources if the email was sent in correlation to the shooting in Arizona or if it happened to be a coincidence at the timing. The man who made the threats is still being held in jail on $450,000 bail. His charges include corruption by threat and threatening to do bodily harm. The charges are all felonies and could land him a lengthy jail sentence if convicted next month.

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The one place where money and all other things should be sacred was not so, recently. A Massachusetts couple has been accused of stealing from the First Presbyterian Church in Tennessee in January, alleges a charge. The couple were both acting suspicious and were questioned when they left the church. When the man became rude is when the police were called.

The couple was leaving the church and the man had his coat draped in an unorderly and funny fashion. A woman who was a member of the church spotted the young couple acting weird and questioned what they were holding. The man swore at her and took off out of the church. The police were then alerted, reported a source.

The police took a report from the church and went to look for the couple. It only took a matter of a few minutes before each one was found in a separate location in the town, said the police. They were driving a truck that had been stolen the week before from a New Jersey address. The jug they stole contained a small donation to a charity. The couple faces multiple charges of grand larceny, lying to investigators, lying to police and a few other charges are pending. The male of the couple, who is only 19 years old, is also wanted on other drug and theft charges in other states. A date for their preliminary hearing has not been set.

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A 70-year-old man who killed a 57-year-old woman will most likely not see jail time as long as he does not violate the five years of formal probation he was sentenced to, the judge in the case said.

The man did not even have a traffic ticket before the struck the women, who was a Walnut Creek attorney, a reporter was told.

The accident occurred on a summer night. That summer night the man had drinks with a friend at three restaurants before heading home. On the way there, around 6:30 p.m., he hit a median, blew a tire, and continued on his way. His car hit the curb three more times before the second tire blew. He then jumped the curb and ran over the victim, who was taking a walk through the neighborhood. The woman had tried to run to get out of the way of the car but was struck 14 feet from the curb, reported a source.

A witness to the accident took the keys from the ignition fearing he would flee the scene. The driver hit the victim, a fence, before coming to stop when he hit a tree. An hour after the incident, the man had a 0.15 blood alcohol level. That is nearly twice the legal limit. DWI was charged.

The man pled guilty without a negotiated plea deal before a judge. He was not only sentenced to five years of probation, but 200 hours of community service. If his probation is violated, he will spend six years behind bars, explains a policeman. The judge also sentenced him to one year in jail or under electronic home monitoring. The decision will be up to the Sheriff’s Office.

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The ACLU is celebrating a small, yet exciting victory today after a judged reached the decision that two mentally challenged immigrants, both of whom are up for deportation and unable to function at a level competent enough to represent themselves, will be given legal representation so that they may have a chance to have their case heard, stated a spokesperson.

Immigration courts are not the same as criminal courts, reports the source. In a criminal court, the federal government will provide a defense attorney to someone who does not have one, but the law, at this time, does not hold true for immigration courts to be required to do so. But in the case of two mentally disabled immigrants, a judge has ruled that they must be given representation by the federal government pending their trial.

Both men are suffering from serious mental illness and there is no way that they would receive any kind of fair trial in immigrations court if they do not have some kind of legal representative to speak for them, said the expert. One of the men functions at the level of a small child, unable to do simple tasks or communicate effectively. The other man is schizophrenic and not competent enough to make statements on his own behalf. The ACLU maintains that detained immigrants with mental disabilities are routinely denied their basic constitutional rights in situations like these where they cannot speak for themselves.

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http://criminaldefense.1800nynylaw.com/On Wednesday, the former chief executive officer (CEO) of Qwest Communications, filed a lawsuit that alleges the lawyers who represented him during his insider-trading case overbilled him, a newspaper has learned. The legal malpractice lawsuit was filed in state Superior Court in Newark, NJ, seeks punitive and compensatory damages totaling $25 million plus attorney’s fees.

The former CEO is currently located at a federal prison in Pennsylvania, serving a 70-month sentence for using insider information as a basis for selling $52 million in stock in his former employer, the source was told. An appeals court also ordered him to pay a $19 million fine and to forfeit close to $45 million. His conviction was in 2007.

The former CEO’s current attorney has also informed the source that thanks to the law firm named in the suits failure to follow even the most “basic litigation procedures,” his client received not only strict fines, but also a lengthier prison sentence than what was necessary. The attorney also stated that due to these failures, the trial judge barred the defense’s sole expert witness. He also added that the case is sad, since his client not only received inadequate representation during his trial, but he was also overbilled in the process.

The lawsuit also includes allegations against the law firm for paying itself unreasonable and excessive fees from monies that it held in trust. It further claims that during the trial the law firm charged for in-room movies, meals, and underwear for the attorneys to the tune of several tens of thousands of dollars.

An appeal to reduce the amount of the fines that were imposed was dropped as part of a settlement between the former CEO and the SEC last month that included the SEC dropping a civil complaint against him. The SEC still has a pending complaint against former executives and employees of Qwest Communications, for what they say are there roles in the reporting of the company’s financial performance between 1999 and 2002.

Although legal malpractice lawsuits in Brooklyn and Staten Island may seem like an insurmountable process, lawyers are supposed to maintain high ethics and integrity.

If you have been charged with a white collar crime contact one of the New York Criminal Lawyers at Stephen Bilkis and Assoicates for a free consultation

Continue reading " Ex-Qwest CEO Says That He Will Not Pay for His Lawyer’s Underwear " »

There’s nothing sadder than a mother maltreating her own children. This case is about a mother who inspite of having four children already, still didn’t have the maternal instinct to care for her kids. She has two kids from her first partner and twins with a man reported to have been physically and emotionally abusing her.

It was determined by the court and by the Social Welfare Department that the mother has actually sexually abused her eldest son. The court and the Social Welfare Officers are trying to establish if the mother’s behaviour is a result of domestic violence that was brought about by the father of the twins.

The mother has gone through a lot of counselling and therapy. She has also undergone sexual offender therapy because of what she has done to her eldest son. This is very disturbing because this is not a common case. It is not every day that we hear that mothers are involved in sex crimes against their son or daughter. She had actually completed all of the seminars, counselling and therapies except for the sex offender therapy. The reason for this is she refused to admit what she had done.

Despite the domestic violence issue between her and the father of the twins, the true victims in this case are the kids. Her eldest son, because of the sexual abuse has been showing negative behavior that is not normal for a child his age. The mother’s refusal to admit what she has done to him and her failure to recognize the especial needs of her son has created a wide gap between her and her child.

The mother is suffering from a deep behavioral and emotional distress. The Family court has used a lot of approaches to strengthen the ties between the mother and her children, according to a New York Criminal Lawyer. Unfortunately all of their efforts were unsuccessful. The mother still continues to have occasional relationship with the twins’ father despite the domestic violence issue. She also doesn’t have any concrete plans for her children especially about their welfare and wellbeing. She also refused to admit that she has sexually abused her son. Her parenting skills are also in question. Whenever she is permitted to see her children she neglects them and gets easily irritated by their “noise” and activities. She has been reported to show indifferent behaviour to her children during visitations. She often times seen to push the children away and shout at them. She also exhibits negative behavior and says negative things to her children. She even threatens to leave them whenever she feels that their behavior is too much for her to handle.

As a result of her behavior, the children have been placed under foster care. It can’t be told how long the children will be under such care because there are no clear signs that the mother is improving in terms of her emotional and mental state. The mother, however expressed her willingness to let her parents (the grandparents of her children) adopt her eldest son.

This is a true case that has happened in the state of New York. It is a very sad situation. A New York Criminal Lawyer is well prepared to handle cases of domestic violence and other related abuse.

Continue reading " There’s nothing sadder than a mother maltreating her own children " »

Most people respect the law and don’t drink and drive. People who decide to take chances with other people’s lives will undoubtedly be better off if they are ticketed, but a DWI conviction is no walk in the park, either. Aside from the immediate risks of losing one’s driver’s license or having to take substance abuse classes, face a fine and even jail time, the DUI will invariably come back to haunt you in the future, according to a study.

Old DUI’s don’t just disappear, they often show up on your record when applying for a job or a routine credit check. In the case of one Florida woman who was fighting to become head of the state Republican Party, her old DWAI conviction may have cost her an election. The fact is, even if you were not convicted of a crime, the charge alone can scare off potential employers and those influential in making decisions on your behalf.

The key to avoiding all of this hassle and potential headache, believes the expert, is to just stay sober in the first place if you know that you will be getting behind the wheel. Law enforcement is continually making the punishments for driving under the influence more stringent in an effort to curb drunk driving and save lives. If having a good time with alcohol before you drive might make your life miserable later on, then just say no.

Continue reading " DUI convictions invariably come back to haunt you " »

The Supreme Court rejected an appeal that would have overturned a conviction of a Washington state man. The man is an ex felon who was appealing a law that would send him back to prison for several months.

The man was pulled over by police in 2005. They told a reporter that they suspected that he was selling cocaine. Police also realized he was wearing a vest. If police suspect a person is breaking the law, they have the right to pull an individual over.

The court rejected his appeal over a federal law banning convicted felonies from having body armor. This also includes bulletproof vests. A 7-2 decision by the Court to not review the case determined that they would not intervene with the decision for the man to be sentenced to 18 months in prison. They decided to stick with the original verdict. Drug possession was certainly the contention of the law enforcement group.

The 2002 law made it illegal for convicted felonies to have armor or vests. The law was proposed during a time where many high-profile shootings were occurring involving police officers. Many of the shootings occurred during bank robberies. The law was proposed to prevent more officers from being killed.

If the man had not been an ex-felon, he would have not broken federal law. It is a federal matter because he was stopped in Washington for suspicion of selling cocaine, but the police officers noticed the vest which had been manufactured in California, explained a spokesperson. He was convicted of armed robbery in 1999.

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A St. Louis attorney is involved in a federal lawsuit after being investigated by Federal Agents after questions arose regarding some tax shelters managed by the lawyer. Tax shelters are a very common, legal way to prevent the government from taxing a sum of money. They are frequently associated with charitable giving and grant-making organizations. They are, unfortunately, common methods for large-scale tax evasion, a practice which the federal government has been actively attempting to curtail in recent years.

The attorney was sued by several former clients for malpractice claims a source. In the suit, which was filed last year and decided in August, they claimed that they had no knowledge of the ongoing investigation against the attorney in St. Louis, that they had been misinformed about the potential ramifications of their investments, and that they had not knowingly invested in an illegal tax shelter. The judge in the case (which is now in the appeals process) ruled that the plaintiffs were eligible to be reimbursed by the lawyer for penalties and interest, as well as damages stemming from their alleged association with a criminal tax shelter- a total amount of $165,000. This would most likely be called a white collar crime.

In spite of this past litigation, the lawyer has remained in good standing with the Missouri Bar Association, and has maintained his innocence throughout the proceedings. One prominent expert stated that while it was not unusual for a defendant facing pending litigation to refrain from admitting guilt, the Missouri Bar’s response did raise important questions.

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A 30-year-old immigrant, married to an American woman, with a very young son, was arrested on September 28, 2009, taken from his family home in Durham, North Carolina, a New York Criminal Lawyer reported.

“I was scared, but in the back of my mind, I just felt that everything would eventually be OK because I was a citizen and he was married to me,” said the immigrant’s wife. She is a mental health therapist, born and raised in the United States.

It’s been more than a year and a half and every request for release on bond has been denied, thanks to two misdemeanor drug possession charges from 1998. The authorities feel these charges make him a flight risk, which means he stays in prison until they make a final decision, according to a Bronx Criminal Lawyer.

While this particular man has a lawyer, many of the detainees in ICE facilities never get the chance to see one, because their facilities tend to be in isolated locations, which makes the acquisition of an attorney much more expensive. The man in question is nine hours from his home and two hours from his own attorney.

“Unlike in the criminal system, where if someone can’t afford a lawyer they’re appointed one, in the immigration system you have a right to a lawyer, but you have to find and pay one for yourself,” a representative of the National Immigrant Justice Center tell.

Fortunately, the wife of the North Carolina immigrant can hire a lawyer, but many detained in similar circumstances cannot. She gets the money from her mother and grandmother, who have paid $14,000 so far, and that might only be the beginning. There are also travel expenses, application fees for immigration forms, and counseling fees for wife and son.

“If it wasn’t for them, we would probably be out of the country,” said the wife, referring to her mother and grandmother.

The immigrant did illegally enter the country, but at the age of eight, brought by his mother. Eventually, he gained a work permit of his own. But because he entered the country as a minor, his immigration status relied on his mother’s status. She was denied permanent residency in 2008, which invalidated her son’s immigration status. When Immigration Services sent him a notice to appear in court, it was sent to the wrong address. They later admitted their mistake but only after the man was arrested and ordered deported.

Continue reading " Immigration Detention System Shows Ugly Flaws in North Carolina " »