New York Criminal Lawyer Blog

This legal action is filed against a restaurant by a husband who seeks to recover damages for injuries he sustained in a vehicular accident. His wife was driving while intoxicated and lost control of the vehicle. He claimed that the restaurant violated a general obligation law because his wife’s intoxication resulted from the restaurant’s serving the alcoholic drink, according to a New York Criminal Lawyer.

The restaurant move for a legal action to terminate the complaint filed to them on the ground that the husband purchased the alcoholic beverages for his wife and thus has no cause of action against them based on a violation of the general obligation law. In support of their action, the restaurant relied on the statement and testimony of the couple.

According to a New York Criminal Lawyer, at around 10 to 10:30 p.m., the couple consumed a bottle of beer from another restaurant then went home. Afterwards, the couple then went to the restaurant which they summoned. The couple arrived at approximately 11:00 p.m. The husband bought beers for his wife and they both drank at least four to five bottles of it. They left the said restaurant at about 1:30 a.m. and the wife was the one driving the vehicle. As they were proceeding north, the car went out of control, crossed over to the opposite bound lane and jumped on a guard rail. The husband sustained serious injuries in the accident.

The couple submitted their affidavits in opposition to the action. They explained that when they stated the testimony that the husband bought the beer for his wife it was meant only in the sense that he supplied the money for the purchase because the money was in his pocket, but the money which he earns is shared equally by them and they file a joint income tax return. During the course of the evening, either of them would go to the bar to place orders for their beers and the husband never purchased drinks for his wife unless she asked for them.

The couple opposes on two grounds. The first argument states that, to impede the husband from recovery under the general obligation law would be an unparalleled extension of the concept of procuring alcoholic beverages and would leave husbands and wives unprotected by that law. They contend that both public policy and law treat a married couple as a single entity and that marriage entity bought and paid for the beer. They also claim that there is a factual issue as to whether the husband bought the alcoholic beverages for his wife.

According to the couple, because of their status as married, they were drinking companions and from time to time they go out to socialize and have a few beers together as they did on the night of the accident. They frame the issue on the motion as whether a husband can be considered the procurer of alcohol for his wife when his wife requests the alcoholic beverages and places some of the orders for the alcoholic beverages herself, and joint income is used for their purchase.

A New York Drug Possession Lawyer said it is well settled that a person who procured the alcoholic beverage for the person whose intoxication allegedly caused his injury has no cognizable cause of action based upon a violation of the general obligation law. It is sufficient that the plaintiff merely contributed to the purchase of the alcoholic beverages which caused the person's intoxication.

Since the plaintiff's own affidavits establish that during the course of the evening, the husband placed at least some of the orders for his wife’s drinks and provided funds in which he had an interest for the purchase, he played a more affirmative role than that of mere drinking companion to his wife. The court finds that the husband procured the alcoholic beverages and accordingly, the general obligation law cannot be maintained.

The Plaintiff further argues that the case law which precludes damage recovery to one who procures the alcoholic beverage should not apply to a married couple. Under the plaintiff's analysis, a spouse would have to coerce his or her partner into drinking in order to be regarded as a procurer of alcoholic beverages for the intoxicated partner and be denied relief under the law. Such a result would carve out an exception for married a couple which has no legal basis. Whether a person procured alcoholic beverages for another must be decided without regard to a person's marital status. A person who does not procure alcoholic beverages for his spouse is protected by the law; one who does is not.

Since the husband’s cause of action cannot be maintained, the wife’s derivative action must also be dismissed.

A New York Sex Crimes Lawyer commented that tragic things can happen merely because someone is under the influence of drugs or alcohol. When you are caught in this kind of circumstances and you feel the need for legal advice, speak to at Stephen Bilkis & Associates is always ready and prepared to respond to your legal related demands.

A driver from New York appealed when he was convicted of the crimes of vehicular manslaughter in the second degree and two counts of DWI (driving while intoxicated) and the traffic infraction of failure to keep right.

In tne early morning, following an evening of drinking at a bar, the defendant commenced driving his car with one passenger in the front and the victim, who was acutely intoxicated in the back seat. Shortly afterwards, the defendant was involved in a single vehicle accident, in which his car struck a guide rail, crossed the road and went into a ditch. Although the front seat passengers were not seriously injured, the one seated at the back died. A New York Criminal Lawyer said the pathologist who conducted the autopsy concluded the cause of death was Aspiration gastric contents due to Concussion. A jury found the defendant guilty on all four counts. His subsequent sentence included a prison term, a fine and restitution for vehicular manslaughter, one year in jail on each of the driving while intoxicated counts, and a fine for failure to keep right. All the prison terms were concurrent.

Records revealed that the defendant argues that his conviction of vehicular manslaughter in the second degree was not supported by legal sufficient evidence. When analyzing legal sufficiency, the evidence is viewed in the light most favorable to the prosecution and determine whether there is a valid line of reasoning for a rational jury to have found beyond a reasonable doubt each of the essential elements of the crime. Vehicular manslaughter in the second degree is comprised of criminally negligent homicide in which the death is caused by an operator who is driving while intoxicated. The defendant contends that the evidence failed to establish criminal negligence and failed to show that his conduct caused the victim's death.

Criminally negligent homicide involves a failure to perceive a risk of death, and some serious blameworthiness in the conduct that caused it. The risk involved must have been substantial and unjustifiable, and the failure to perceive that risk must have been a gross deviation from reasonable care. There was proof that both the defendant and the victim had been drinking substantial amounts of beer and shots of liquor throughout the evening and early morning hours.

Despite his considerable consumption of alcohol, the defendant, after helping place the victim in his car, began driving. The front seat passenger testified that following the accident, he wanted to get help for the victim, but the defendant told him not to and, instead, instructed him to assist in attempting to get the car out of the ditch. The accident occurred near a house and the occupant of the house awoken at the sound of the accident and stated that they heard the occupants trying to get the car out of the ditch for about half an hour. Several witnesses who came upon the scene more than half an hour after the accident described the defendant as appearing severely intoxicated with slurred speech and difficulty standing. The defendant acknowledged to a police officer at the hospital that he had been drinking and missed a turn because he was going too fast. He submitted to an alco-sensor test that indicated positive for alcohol, and a subsequent blood alcohol test was taken a considerable time after the accident revealed a level of .17%. The evidence adequately supports the jury's determination that the defendant's conduct constituted negligence.

The defendant contends that the victim choked on his own vomit. A Bronx Criminal Lawyer said the pathologist who performed the autopsy testified that the large hematoma on the victim's forehead revealed that he had not choked prior to the accident since such bruising would not have occurred if he is already dead. He further explained that, despite the victim's high blood alcohol level, his gag and cough reflexes would have remained responsive. However, the pathologist added that the victim sustained a concussion in the accident and a concussion made it significantly more likely that the victim was not able to cough and clear his throat from vomit. The evidence adequately established that the victim was alive when he was placed in the defendant's car and the defendant's conduct was a sufficiently direct cause of the victim's death to support the verdict.

The argument that County Court erred, after conducting a hearing, in admitting the results of the horizontal gaze nystagmus test is also unpersuasive. The defendant failed to establish an abuse of discretion or extraordinary circumstances that would merit modification of his sentence.

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A motion was filed by the defendant to declare the evidence presented by the police officer as inadmissible. The court denied the motion since the police officer had reasonable reason when he approached the defendant’s vehicle, according to a New York DWI Lawyer.

According to the officer, he saw the vehicle of the defendant parked along the crosswalk and approached it. The officer noted that the vehicle had people asleep inside. The officer woke the occupants of the car and asked for identification. He noted that the driver showed signs of intoxication such as glassy eyes and slurred speech. The officer asked the driver to take the sobriety test.

A New York Criminal Lawyer said that the officer in this case had probable cause to arrest the defendant if he was found to be under the influence of drugs or alcohol. According to the analysis of the court, the questions of the police officer were not interrogative in nature. Since this was the case, Miranda warnings are not required. During the arraignment of the defendant, he was charged with operating a vehicle while under the influence of alcohol or DWI.

The court is tasked to review the procedural background of the case. The defendant was arrested for driving a vehicle while under the influence of alcoholic drinks. The charges were arraigned on the same date. The following year, the court had scheduled a suppression hearing. The purpose of the said hearing was to determine if there was probable cause regarding the arrest of the defendant at the scene. The court will also have to decide whether the defendant’s statements in the IDTU room should be declared inadmissible since there were no Miranda warnings issued to the defendant.

During the suppression hearing, the prosecution called on 2 witnesses who were also police officers. The prosecution has the initial burden of proof to establish probable cause regarding the arrest of the defendant and the behaviour of the police. If the prosecution will establish the needed proof, the burden will now shift to the defendant in proving the allegations made regarding illegal police conduct.

A Nassau County DWI Lawyer said that the prosecution will have to prove that the behaviour of the police towards the defendant was legal, therefore justifying the arrest of the defendant. According to the law, a police officer is allowed to approach anyone and inquire about basic information in a non-threatening manner. This may be questions about a person’s name, address and destination. In legal terms, this line of questioning is known as a request for information.

The next approach involves an officer who detects a crime is about to be committed or is involved in a criminal activity. The officer may stop and detain that individual to prevent the crime from happening. Police officers have the authority under the law to arrest anyone when have probable cause to believe that the same individual will commit a crime. In the DWI case of the defendant, the police officer had established probable cause before making the arrest.
The court has also review vehicle and traffic laws to aid in the judgment of the case. The law states that it is forbidden for anyone to park along the lines of a crosswalk. In relation to the case, the police officer had a valid reason for approaching the defendant’s vehicle since it was parked on the crosswalk.

According to the testimony of the officer, he was also concerned for the people inside the car since the area was known for high incidence of crimes. He wanted to make sure that they were safe that’s why he approached the vehicle. When the officer was close to the car, he also observed that the driver was also asleep along with the other passengers.

The court has ruled that the officer had probable cause in arresting the defendant since he was found to be intoxicated. The results of the sobriety test also confirmed that the defendant was under the influence of alcohol while driving.

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It is common to find with any sex crimes that the offender appeals to the court of lessening the risk level category that they were assigned to in going through the treatment program for their benefit. This case of Allan Barnes, the offender,who takes issue to his being rated as a level three offender. It was clear that he never denied the physical injury he has done to his victim like scars and stitches on the victim’s lip and legs. Not to mention the memory problems she has suffered from due to the head injuries Allan inflicted too.

It was just a bit weird how he never denies this but keeps on telling the court that all these may have just been hearsay for the absence of convincing proof. It is more uncomfortable to unravel that despite his challenge on the judgment, he did not present any other version of the facts, at least his very own. A New York Criminal Lawyer said such proceedings are suggested by the court for the protection of the rest of the citizens of the community.

It is likely that a sex crime offender may reoffend again. The court does not deprive the offender to present any evidence that would not limit him in fighting for his own rights and for the greater interest of his liberty. When basing on the criminal background of the criminal, he has been an offender since his younger days charged with a burglary case. In Georgia, he was also once convicted of a drug possession way back in the early 80s. It was also interesting according to a New York child pornography lawyer who also studied this appeal that he was also once involved in a case for cruelty to animals.

It was discovered that the rape case was made after his release from his Georgia custody. The court basing it on these instances perceives that he is most likely to become a reoffender especially with having to commit a rape crime even after being released out of prison for another case. In Georgia, he committed possession of drugs while his rape crime was not associated with any substance abuse.

Another New York sex with minor defense lawyer also found out that Barne’s contention was based on his argument that he has been abstinent for quite a long time new. But this was just further dismissed with the lack of proper proof of the abstinence he was talking about. This should have been proved with proper and formal supervision from the right authorities. In the end, it was clear to everyone that there was enough evidence to show he deserved the level three ranking for sex crime offenders.

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When you come in, we will provide you with vaulable legal guidance and a free consultation. We have offices located throughout New York City, including locations in Manhattan, Staten Island, Queens, the Bronx, and Brooklyn. We also have offices location in Suffolk County and Nassau County on Long Island, as well as Westchester County. Call us today to schedule your free consultation at 1-800-NY-NY-LAW.

Several police officers were charged with various crimes arising out of their conduct in connection with their search for a lost police radio. According to a New York Drug Crime Lawyer, the records of the case, the police officers went to two apartments to pursue a lead regarding the radio. The radio had been lost during an arrest related to a drug crime in the area several days earlier. The records said the police officers pushed their way into two apartments, ransacking both, and unlawfully detained the individuals encountered within the apartments. In searching the second apartment, the police officers discovered vials of crack coccaine and threatened the occupants therein that they would be charged with coccaine possession if the radio were not promptly returned. The police officers allegedly told the apartment occupants that they would "forget" about the drugs if the radio was returned. Administrative proceedings were then commenced against the police officers by conducting hearings.

Following a jury trial, each police officer was found guilty of unlawful imprisonment, coercion, criminal trespass, and official misconduct. Two of the officers were also convicted of falsifying business records. Prior to sentencing, the police officers moved to set aside the verdict alleging improper use of their statements in connection with the indictment and trial.

A New York Drug Possession Lawyer said that among the numerous issues raised on appeal, the police officers challenged the sufficiency of the trial evidence, the cour'ts charge on unlayful imprisonment, alleged inconsistencies in jury verdict and the court's restriction on cross-examination of certain witnesses. Each of the police officers gave similar statements essentially denying any wrongdoing. The policemen testified in court that they saw one of the occupants of the apartment in the alley and he dropped the cocaine when he saw the police officers. One of the policemen said he has arrested the same person for marijuana possession prior to the incident.

The court found that the evidence was more than sufficient to sustain the jury's verdict of guilt, that all the elements of the crimes charged were established and that the guilty verdicts as to certain counts and not guilty verdicts as to others are not inconsistent with one another. While the police officers continue to claim that, at worst, their conduct constituted no more than an impermissible search for which there is no criminal liability, and that to uphold the guilty verdicts would be to seriously "chill the ability and good faith efforts of law enforcement to protect the public, the evidence before the jury amply demonstrated that defendants far exceeded the bounds of permissible police conduct and that they committed the crimes of which they were found guilty.

A Nassau County Drug Possession Lawyer said that the court noted that an indictment is not fatlly tainted merely because someone involved in the criminal prosecution may have been exposed to a portion or all of the police officers' immunized statement, although clearly precautions should be taken -- and stringently observed -- to prevent such occurrence.

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The defendant in this case is charged with a DWI and violation of vehicle and traffic laws. A hearing was ordered by the court to determine if the blood test obtained from the defendant had led to the violation of vehicle and traffic laws.

The police officer who arrested the defendant was named the witness in the hearing. There were no witnesses for the side of the defendant. The court heard the testimony of the witness and examined the evidence presented before it.

According to a New York Criminal Lawyer, after the witness had testified, the court has found the witness to be credible since the witness is a veteran police officer. On the day of the arrest, the officer was on his usual patrol when he received a report concerning a vehicle accident. He arrived at the scene and found the two cars involved in the accident. He noted that one car had attained damages on its rear end. The other car had damages at the front. The police officer chose to approach the car with the front damage. The driver of the vehicle was the defendant in this case.

A Staten Island Criminal Lawyer said the officer proceeded to ask the condition of the defendant and inquired about the cause of the accident. According to the defendant, he was driving his car along the road when he hit another car. The police officer noted during that time that the defendant had glassy and bloodshot eyes. The defendant also had slurred speech when he spoke. The officer also noticed that a hint of alcohol seemed to come from the vehicle.
It was during this time that the officer had asked the defendant if he had drank recently. The defendant admitted that he did take alcoholic drinks. When the police officer asked the defendant to step out of the vehicle, the officer noticed that defendant had difficulty maintaining his balance. The officer concluded that the defendant was driving while intoxicated. He arrested the defendant and had him tested at a medical center.

According to his statement, the police officer called the highway patrol to request for the blood kit to be taken to the defendant. He made the call while they were on their way to the hospital. The blood kit was needed to take a sample of the defendant’s blood. A blood sample was needed to detect the presence of alcohol in the bloodstream. An emergency room nurse was requested by the police to take a blood sample from the defendant. The sample was sealed and placed inside the box of the blood kit.

Based on witness testimony and the evidence presented in this case, the court has determined that there were sufficient grounds in which the police officer had acted on the defendant. The court noted that the officer responded to a radio report regarding the accident. It was the police officer’s duty to respond to a road accident and provide assistance if needed. It was also his job to assess the situation including observing the behaviour of the vehicle driver. Since it was the defendant’s car that had the front damage, it was clear that the defendant had caused the accident. The defendant himself admitted to the officer that he had been drinking. This explains the accident since he was driving while intoxicated.

It was also clear to the court that the defendant showed the usual signs of intoxication. This is direct evidence that the defendant had been drinking. Other signs include the difficulty in maintain body coordination and the smell of alcohol on his car. The officer had established probable cause in light of the evidence presented.

The statements given by the defendant including his admission that he was drinking were given in his own free will. Therefore, the court has decided to deny the motion filed by the defendant to suppress the statements. However, the defendant’s motion to suppress the blood sample results was granted due to the unclear identity of the individual who drew the blood sample.

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A man was arrested in November 14, 2007 for driving while intoxicated and his license was revoked. As part of his conviction, his driver’s license was revoked for six months. But because this conviction was the man’s first, he was able to join a rehabilitation program offered by the Department of Motor Vehicles.

A New York Criminal Lawyer said that as part of the rehabilitation program, the man was issued a conditional license. This license imposed restrictions on him: he can only drive to and from work; he can only drive to the rehabilitation program and its related activities; he can only drive to and from school; and he can only drive between 12:00 noon and 3:00 p.m. on Saturdays.

On February 10, 2008, the man was arrested once more for driving while intoxicated. He was arrested at 1:04 p.m. He was with his girlfriend and upon his arrest he told the arresting police officer that he and his girlfriend came from a bar. He was charged for driving while intoxicated and other offenses. Under the indictment, he was charged with aggravated unlicensed operation of a motor vehicle in the first degree.

During the DWI trial, the man asked that the charge of aggravated unlicensed operation of a motor vehicle in the first degree be dismissed. He claims that he was not unlicensed at the time of his second arrest. He did have a license, albeit a conditional one. He argued that he should only be charged with unauthorized operation of a motor vehicle, a misdemeanor that carries with it a penalty of $500 and 15 days’ imprisonment.

A Suffolk County Criminal Lawyer said the People vigorously opposed the motion arguing that the penalty of the charge of aggravated unlicensed operation of a motor vehicle in the first degree is higher and is a more suitable punishment for the man. Because when he went to drive on a public highway, he knew full well that his license had already been revoked. This crime carries with it a higher penalty of 30 days’ imprisonment. After all, he was already convicted of driving while intoxicated and his license was revoked, and then, after he was given a conditional license, he again went and drove his vehicle on the public highway in violation of the conditional license which has also been revoked for driving while intoxicated for the second time. Driving while intoxicated and without a license carries with it a stiff penalty of 180 days’ imprisonment. Driving without a license after the license was revoked for driving while intoxicated carries with it a much higher penalty of up to four years. The People argue that the man’s callous violation of the law cannot be rewarded with a light penalty. Doing so will disregard the State’s policy to curb drunk driving.

The Supreme Court decided to dismiss the graver charge against the defendant of driving with a revoked license and instead found him guilty of the lesser misdemeanor of driving in violation of the conditions of his license.

The Supreme Court decided that the man’s license was revoked after his first conviction for driving while intoxicated but he was issued a new conditional license. His second arrest for driving at a time and for a purpose that is not allowed under the provisions of his conditional license is a mere violation of the terms of his conditional license.

This interpretation of the statute is the most plausible reading of the law as the legislature has amended it. The most recent amendment of the law involved the raising of the fine from $100 to $500 but the prison term of 15 days remained intact.

A conviction for driving while intoxicated carries with it not only a prison term, it also carries with it subsidiary penalties such as a fine and revocation of the convict’s driver’s license.

Conviction for driving while intoxicated is a serious offense that will remain in your permanent record. Whether you have been charged with a DWI, sex crimes or a theft charge, it is important to ensure that your rights are protected. At Stephen Bilkis and Associates, well-trained and capable attorneys are ready to assist in your defense. They will present your case and argue it for you.

The defendant was charged with DWI including various traffic violations. A suppression hearing was scheduled to determine if the statements admitted for evidence were allegedly given by the defendant. The hearing will also determine if the breath test results of the defendant will be placed under suppression.

The only witness in the hearing was the police officer who arrested the defendant for driving while intoxicated. The court was tasked to make a decision regarding the motion to suppress by reviewing the facts and the precedents of the case.

According to a New York Crirminal Lawyer, the police officer who arrested the defendant is an experienced female officer who already had several DWI arrests under her belt. On the day of the arrest, the female officer was on her usual patrol when she pulled over the defendant’s car. When the officer approached the car, she asked to see the license and registration. While the defendant produced the needed documents, the officer asked the defendant if he knew why she asked him to pull over. The defendant remarked that he was driving like an asshole.

The police officer asked where the defendant came from and replied that he was at a friend’s house. When the officer had asked if the defendant had been drinking, the defendant gave an affirmative response. During such time, the officer noted that the defendant showed the usual signs of intoxication such as bloodshot and glassy eyes and slurred speech.

An NYC Criminal Lawyer said that the officer judged that the defendant was guilty of DWI and arrested him. The defendant was brought to the precinct. At the precinct, the defendant refused to take the chemical test and breath test. The officer gave the Miranda warnings to which the defendant acknowledged that he understood his rights. When asked if the defendant wanted to talk to his lawyer, he said yes. When asked if he wanted to continue talking to the officer without his lawyer present, he also affirmed. The officer moved on to asked him more questions. In the end, the defendant consented to taking a breath test. The first attempt gave an insufficient sample. By the second attempt, the defendant was positive with alcohol in his body.

According to the provisions of the law, a defendant who has been temporarily detained because he was pulled over is not considered detained for the purposes of Miranda warnings. When a defendant is submitted under a routine stop on the road, the questioning of the police officer should be treated as only investigatory in nature.

In the suppression hearing, the probable cause for the traffic stop and the arrest should be the legal issue being discussed. The police officer’s temporary stop of the defendant was a legal procedure and did not pose an issue of custody. It can be recalled from the statement of the officer that she did not read the Miranda warnings while she was talking to the defendant on the road. The statements of the defendant when he was pulled over were made out of his own free will. He was not forced by the police officer to say anything he didn’t want to say. The court has determined that the statements of the defendant were voluntary and should be allowed as evidence against him.

In the issue regarding the evidence acquired from the tests administered in the precinct, it appears that the defendant’s right to counsel had been violated. According to the law, when the defendant in custody has expressed his intention to have a lawyer present, no further questions should be asked by the investigating officers.

Despite the defendant’s affirmative response when asked if he was comfortable answering more questions from the officer, this does not mean that he is waiving his rights to counsel. The evidence that would prove his guilt was taken because his rights had been violated. Therefore, the court has ruled that such evidence is not admissible in court since it was obtained illegally.

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Sex crime violators are very rampant these days according to a New York Criminal Lawyer who once gathered surveys and studies about it. The factors that led to this are way too many to mention but what is important is that there are solutions and programs provided to help even the offenders to pay for what they have done or be treated if it was found out to be some kind of mental sickness. This is the same as the case here of Gonzalo Gonzales. He was fighting for his ability to complete the specific sex offender program set for him.

Based on the facts presented, it was last April 24, 2006 when the counselors from the correction program asked him to sign a form stating that he refused to take the said treatment which means failure of acknowledging his responsibility for the crime he was accused of. According to Gonzalez, he did not sign it for he never denied that responsibility for what he has done. He was very certain of himself that he did comply with the program.

The counselor Groge Pundy is responsible for screening and interviewing the sex offender program candidates. According to him who was further interviewed by Queens Criminal Lawyer, Gonzales did not take the program while still being in New York and under the custody of the state’s correctional services. One of the main requirements for the program is that the offender must be responsible to pay what’s due for the crimes he has done. If in the screening process alone, the responsibility is denied, then this just means refusal to enter the program as well.

Mr. Pundt interviewed Gonzales last April 24, 2006 about his willingness for the program. With the many offenders that Pundt interviews everyday, it is understandable why it was so hard to recall already. But the proof of the results of the interview concludes it all – that the offender denies responsibility for his crimes which are rape and sodomy. The court believes that this part of the screening process if important so that they can be sure the inmate would be receptive to all the therapy that he will go through.

It has no other purpose but to benefit well the inmate involved. And the court in this matter believed in the documents presented by Mr. Pundt. There may have been good time allowance already given to Gonzales but still he has denied such credits when he could have responded and cooperated with the orders of the court. Hence, in the end, the court found his contentions to be without sense after thorough review of what the offender is trying to prove. It decided for his petition to just be simply dismissed.

Every lawyer from the office of Stephen Bilkis & Associates is capable of helping you out with any of these very sensitive cases. If you want your sex crimes cases to be successful in court, then do not risk in letting just about anyone to handle your case.

In a lot of sex crimes these days, an expert New York Criminal Lawyer says that there are many accused who suffer from a certain kind of mental abnormalities. Such case lets the court decide that such accused undergo certain treatment like the SORA. But in this case, the alleged named as Elias McFarland. However, in this case he keeps on appealing that such program is unconstitutional and that he would fight for his right.

The court did not agree that the decision for the SORA is unconstitutional. It even scored him as a sex offender who is of high risk and falls as level 3 offender. But the defendant still continue to disagree and never stopped submitting written submissions to serve as additional support to what he is trying to prove. He contends here is no valid reason at all to have his level 3 designation to be lowered for he was certainly considered as a high risk offender which means he is of great harm to the society.

At one point, a New York Criminal Lawyer said it was questioned why the Attorney General’s office did not show up during the hearing. But as analyzed by a New York sex abuse lawyer who is well experienced, such decline to appear just meant that they are confident already of the way they assess the risk levels of such offenders. It just means that there is no need for them to even show up for all the proposition is already well settled. All the facts were all outlined well and complete sets of evidence were are presented without any chance of being argued by others.

According to additional data, Elias McFarland is 76 years old and he was trying to prove that he is too old to still go through such punishments. But with the background of his heinous crimes, the court did not allow such to happen for him not to go through proper treatment for he is of high risk already to the society. There was even one criminal background of Elias which involved him striking a very old woman who is 86 years old. And she was even sexually abused by Elias at such an elderly age.

Such cases are important to help the citizens of New York to stay protected from such sex crimes and also help the offenders themselves to still have a chance to be treated and change their lives for the better. The risk assessment of sex offenders is very important and decided on properly and formally by the Court with the help of medical and psychology experts who are capable of analyzing what happens in the mental and other aspects of such offenders and why they are forced to do such heinous crimes to others who are innocent and helpless like minors and women in majority.

If you want to know more about how sex offenders are assessed according to their level of risk to the society in general, then you can try visiting the office of Stephen Bilkis & Associates and find a reliable lawyer who can help you be well informed with how the entire process works. Whether you have been charged with sex crimes, a drug possession crime, or a theft crime, it is important that your rights are protected at all times.

According to a New York DWI Lawyer, the defendant has filed a motion to deny the request made by the prosecution that he should be sentenced as a felony offender for the first time. The defendant had given a guilty plea for attempting to sell illegal drugs. The defendant was convicted for assault charges which he admitted he was guilty. He was sentenced to a prison term of at least one or one and half years. The maximum sentence is four years. The defendant has already admitted that he was the same defendant who was initially charged for the first felony. The defendant has challenged the conviction made in his second conviction. The defendant contends that he received ineffective counsel from his lawyer.

The defendant presented a memorandum to support his motion. The letter memorandum contained an outline of the defendant’s case. It also includes information that the defendant had informed his lawyer about the facts of his alleged offenses. These offenses were the basis of his current assault conviction.

A New York DWI Lawyer said that the defendant further contends that his previous lawyer failed to present a DWI defense during his previous conviction. The defendant also challenged the prosecution that his guilty plea should be removed from the records since he was denied the effective counsel assistance. To support this statement, the defendant has submitted a letter from that lawyer who affirms the circumstances that are relevant to his guilty plea. The prosecution has opposed the motion of the defendant and filed a motion for the court to sentence him for his second felony conviction. It has been noted by the court that the defendant did not submit to a letter from the previous case’s lawyer that should have explained the circumstances involved.

A Nassau County Criminal Lawyer prosecution has established the preceding conviction. It is now up to the defendant to prove that it has no legal basis. The court has found that the defendant did not submit any document that would explain the circumstances of his guilty plea. The defendant did not provide an explanation as to why there was no affidavit from the counsel.

The testimony of the defendant during the hearing was found to be self-serving. It doesn’t contain an explanation for the defendant’s claims of ineffective counsel. Since there was no explanation provided for the surrounding circumstances, the court will next examine the assertion if his previous conviction had constitutional merit.

To shed light to the case, the court has evaluated the minutes of the defendant’s statements during his guilty plea. However, the court did not find anything relevant to the case. There was no information as to how the prior lawyer will defend his client. The contentions of the defendant were outlined in an unsworn document by the defendant’s current counsel. The memorandum prepared by the current counsel contained statements that are contradictory to the events described by the defendant concerning his assault case.

As the hearing began, the defendant had presented a different version of the events that had transpired. This was entirely different from the events relayed in the memorandum before the hearing. In the contradictory statement, he was involved in a fight with his girlfriend which led to physical blows. The girl sustained physical injuries. In this version of his statement, the defendant claimed that he was only acting out of self-defense and denied being intoxicated. The defendant admitted to drinking before the fight happened.

Due to the differences in statements, the court has found that the defendant’s testimony had no credibility. The defendant also admitted that he did not let his lawyer know that he was intoxicated at the time. He also admitted that he only told his lawyer that he had been drinking and not exactly drunk.

The evidence presented before the court proved that the defendant could not establish his claim of ineffective legal counsel. The previous lawyer’s performance was reasonably effective and showed no prejudice.

Stop worrying about your DWI case and hire a qualified legal counsel. To schedule a personal conference meeting, contact Stephen Bilkis & Associates and get a free consultation.

Frank Grady was indicted for two counts of third degree sodomy upon a victim identified as J.P; three counts of third degree sodomy upon a victim identified as C.V.; and one count of second degree sexual abuse against a victim identified as L.G. The third degree sodomy counts were classified as E felonies and the sexual abuse count as a Class A misdemeanor. The counts were all categorized as statutory in nature due to the ages of the victims, who were 16, 14 and 13, respectively.

Mr. Grady’s criminal defense attorney filed a motion with the Albany County Court to dismiss the indictment because of insufficient evidence. According to Section 130.16 of the New York Penal code, a person cannot be convicted of consensual sodomy, attempted consensual sodomy or similar sex crimes that includes lack of consent as an element if the failure to consent stems solely from the victim’s age. In cases of sexual abuse, molestation or other sex crimes involving an underage victim, the child’s testimony must be supported by additional evidence to prove that sexual contact occurred or was attempted. Essentially, the defense argued that the victim’s testimony should not be considered sufficient on its face value to render an indictment since they were all underage when the alleged sex crimes occurred.

A New York Criminal Lawyer said that the court held that the defense’s arguments were illogical and noted that in common law, testimony offered by victims in sex offense cases was not required to be corroborated. The requirement for corroboration of victim testimony was fairly new at the time of Mr. Grady’s trial and applied to cases involving forcible or statutory sodomy.

According to the court, Section 130.16 of the New York Penal Code eliminated the corroboration requirement for forcible sex crimes but upheld it for cases involving statutory sex offenses where lack of consent is tied specifically to the victim’s age or mental capacity. The court also noted that corroboration is not required in cases involving other serious crimes, such as attempted murder, assault, robbery and burglary.

In particular, the court seemed to take issue with the fact that the teenagers in Mr. Grady’s case could be charged and convicted for serious offenses based on uncorroborated testimony but that they did not enjoy the same standard of trust when they themselves were victims. The court went so far as to raise the issue of whether Section 130.16 actually violated the rights of teenagers under the age 17 to equal protection under the law.

According to the evidence, the victims, J.P, C.V. and L.G., resided together in a group home for boys in Albany, New York. According to J.P., he was approached by Mr. Grady at a donut shop in December, 1977 and invited to go to his apartment. J.P. testified that he visited the apartment several times and on December 29, 1977, Mr. Grady allegedly performed sexual acts on him, including anal and oral intercourse.

J.P. also stated that Mr. Grady repeatedly insisted that he bring C.V. to the apartment so that he could commit the same acts upon the boy. J.P. eventually agreed and C.V. testified that he went to the apartment sometime before August 1978. On or about August 25th, 29th and 30th, Mr. Grady allegedly performed several acts involving anal and oral intercourse on C.V.

L.G. then testified that C.V. took him to Mr. Grady’s apartment on or near September 1st, 1978 and that Mr. Grady attempted to commit similar acts upon him.

After reviewing the evidence and testimony presented to the grand jury, the court determined that while the evidence was not fully developed, it was sufficient to satisfy the corroboration requirement and sustain each count of the indictment.

A Bronx Criminal Lawyer said that in the case of C.V., corroboration came through the testimony of J.P. that Mr. Grady repeatedly asked him to bring the boy to the apartment so that he could perform acts of sodomy. The court concluded that in each succeeding case, the preceding victim testified that he was responsible for introducing the next victim to Mr. Grady. This connecting thread served as satisfactory evidence for corroboration purposes. The court held that Mr. Grady’s actions and the actions of the victims constituted a scheme or plan and that the testimony of C.V. corroborated the statements made by the other two victims. The court essentially viewed each of the victims as one and the same and said that the evidence offered by each boy was admissible to prove not only his individual case but the other two as well.

After reviewing the evidence, the court held that the corroboration requirement of Penal Law 130.16 was satisfied and that there was sufficient evidence to sustain each count of the indictment. As such, Mr. Grady’s motion to dismiss was denied.

Sex crimes, including forcible and/or consensual sodomy, child sex abuse, sex with a minor and possession or distribution of child pornography are serious charges under New York law. If you’ve been charged with any of these sex offenses, you need the help of an experienced New York criminal defense attorney.

The law firm of Stephen Bilkis and Associates specializes in assisting criminal defendants in protecting their rights. Call 1-800-NY-NY-LAW today to get the help you need in fighting a sex offense charge. Alternately, you may also visit one of our New York area office locations to speak with a criminal defense expert in person. A sex crimes conviction can have serious and long-lasting consequences. Call Stephen Bilkis and Associates now to get the experienced legal representation you need to defend your rights.

When you ask an expert New York Criminal Lawyer these days, it is common to hear that most sex offenders suffer from severe mental abnormality or disease. To help you further understand this, we take a good example of this case of John Suggs. He is a known detained sex offender who suffers gravely from being mentally abnormal. During his trial, two expert psychologists presented in court to prove and offer their opining that John truly suffers from mental abnormality. The doctors are named as Dr. Krishner and Dr. Peterson.

One of the doctors rendered a summary report that described his childhood, teenager and adult history when it comes to history of trauma and abuse. It was outlined comprehensively as they recount all the helpful things that may have happened in the past of the accused. As a child, it was discovered that he was not taken good care of by his parents. At the young age of three, he was already wandering the streets and since then has become such a great rebel in school and even in the immediate community he was in.

According to another New York Criminal Lawyer, he also once set fire to a dormitory and even was convicted of the death of his own mother at one point. He even attempted to commit suicide at the young age of 11 by thinking of drinking mercury straight from a thermometer. It was at the age of 1 when he committed his first rape case. He kidnapped a female college student by pointing a knife straight at her and raped and stole some money from her in a room. The lawyer who once studied this case believes that this is such a case of extreme mental abnormality.

All these discoveries about the life of John Suggs shocked everyone including an expert New York Sex Crimes Lawyer with minor defense lawyer who became a part of the case. It is justified in such cases that when law and psychiatry work together well, then justice filled decisions are made so that justice can be truly achieved and for the society to not feel fear within the communities they live in. Nevertheless, the accused still fought for his case and mentioned a lot of alibis that did not work out well for the court to believe and give him a chance for.

He said he is very sick with diabetes and that he is not at all a serial rapist as how he was seen during the proceeding. When it comes to his alleged Anti-Social Personality Disorder, John said that he is not a rebel at all but just has a weird personality but just set in a different fashion or style. Even if Suggs appeared to be intelligent and even highly articulate in court, the crimes he has done will not be free from being punished according to the rightful laws of New York when it comes to dealing with sex crimes.

In New York, you can surely find lots of expert New York Drug Possession Lawyer who can help you in winning such cases and understanding its details. Getting involved in such cases is not just about putting someone down but to reveal the truth that would bring forth justice to everyone and the entire society. You can check out the legal office of Stephen Bilkis & Associates where you can be sure to find a skilled lawyer who can help you all throughout the proceeding and stand by your side to fight for your rights.

According to a New York Criminal Lawyer, several police officers were charged with various crimes arising out of their conduct in connection with their search for a lost police radio. According to the records of the case, the police officers went to two apartments to pursue a lead regarding the radio. The radio had been lost during an arrest related to a drug crime in the area several days earlier. The records said the police officers pushed their way into two apartments, ransacking both, and unlawfully detained the individuals encountered within the apartments. In searching the second apartment, the police officers discovered vials of crack coccaine and threatened the occupants therein that they would be charged with coccaine possession if the radio were not promptly returned. The police officers allegedly told the apartment occupants that they would "forget" about the drugs if the radio was returned. Administrative proceedings were then commenced against the police officers by conducting hearings.

Following a jury trial, each police officer was found guilty of unlawful imprisonment, coercion, criminal trespass, and official misconduct. Two of the officers were also convicted of falsifying business records. Prior to sentencing, the police officers moved to set aside the verdict alleging improper use of their statements in connection with the indictment and trial.

Among the numerous issues raised on appeal, the police officers challenged the sufficiency of the trial evidence, the cour'ts charge on unlayful imprisonment, alleged inconsistencies in jury verdict and the court's restriction on cross-examination of certain witnesses. Each of the police officers gave similar statements essentially denying any wrongdoing. The policemen testified in court that they saw one of the occupants of the apartment in the alley and he dropped the cocaine when he saw the police officers. One of the policemen said he has arrested the same person for marijuana possession prior to the incident.

A Brooklyn Criminal Lawyer said that the court found that the evidence was more than sufficient to sustain the jury's verdict of guilt, that all the elements of the crimes charged were established and that the guilty verdicts as to certain counts and not guilty verdicts as to others are not inconsistent with one another. While the police officers continue to claim that, at worst, their conduct constituted no more than an impermissible search for which there is no criminal liability, and that to uphold the guilty verdicts would be to seriously "chill the ability and good faith efforts of law enforcement to protect the public, the evidence before the jury amply demonstrated that defendants far exceeded the bounds of permissible police conduct and that they committed the crimes of which they were found guilty.

The court noted that an indictment is not fatlly tainted merely because someone involved in the criminal prosecution may have been exposed to a portion or all of the police officers' immunized statement, although clearly precautions should be taken -- and stringently observed -- to prevent such occurrence.

Drug addiction is a rampant problem in society and affects everyone. Being involved in a lawsuit arising from this crime is difficult. There are attorneys will stand by you and help see you through your case. These Attorneys can argue your side and make sure that you and your loved ones are compensated.

Whether you have been charged with sex crimes, or a drug offense, contact our office for assistance. Stephen Bilkis & Associates has offices throughout the New York Metropolitan area. Our office can provide you with advice to guide you through your difficult situations. Without our legal help, you may lose your rights which may cost you a significant amount of money.

According to a New York DWI Lawyer, a Lounge bar petitioned for the dismissal of charges against them by the State Liquor Authority after they were found guilty of selling alcoholic beverages to a person under the age of 21 years. The bar's liquor license was suspended for 15 days and was imposed a penalty. The person to whom the bar allegedly sold the alcohol was killed in a car accident shortly after driving while intoxicated from the Lounge bar.

A Nassau County Criminal Lawyer said that the record establishes that the Lounge was a topless go-go bar whose entertainment fee was included in the additional cost of each customer's first drink. The Lounge bar's witnesses testified that its doorman admitted the minor after he displayed false identification. However, the police officer who subsequently inventoried his personal effects found a variety of identification documents, but no false ones. Moreover, his two friends testified that the identification was not checked at the door, but that he was admitted while they were excluded based on their respective physical appearances.

A New York DWI Lawyer has not disputed that the minor spent about an hour inside the bar. During that period, when his two friends testified that they approached the door to the Lounge bar and observed him inside drinking from a bottle of beer, the Lounge bar witnesses claimed that he was not served any alcohol. In addition, all of the witnesses agreed that at some point he endeavored to bribe the doorman to admit his two underage friends. According to his friends, while negotiating with the doorman, he was visibly drunk and was holding a bottle of Budweiser beer in his hand. The bribery attempt was reported to the bar manager, who testified noticing the minor who was then intoxicated and signaled the barmaid to stop serving the minor alcoholic beverages. No Lounge bar employee made any effort to drive him out.

At the hearing, the minor person’s two friends, also under the age of 21 at the time of the incident, testified that prior to going to the Lounge bar, they were all drinking in another establishment where, without having their identification checked, they were served with beers. The threesome then drove to the Lounge bar and only the deceased minor, who already appeared intoxicated, was admitted. The two friends, who remained outside, tried to see him whenever the front door opened and, at some point, saw him drinking from what appeared to be a bottle of beer. The two friends could not see the bar from outside the front door and they did not see how he obtained the beer. When he went out of the Lounger bar and returned to the car, he was pretty drunk and was holding a bottle of beer which he threw out the window before the car accident.

After the hearing, the Administrative Law Judge held that the charge had not been sustained by evidence. However, the finding was reversed by the Sate Liquor Authority, which held that the evidence introduced at the hearing sustained the charge. The State Liquor Authority issued the order which suspended the petitioner's liquor license for 15 days and imposed a $1,000 penalty.
The standard to be applied is whether the illegal conduct was open, observable and of such nature that its postponement could, by the exercise of reasonable diligence, have been prevented. According to the credible testimony, the minor person was inside the bar for an hour drinking beer while he was visibly intoxicated, and gave the club's employees reason to question his majority when he unabashedly attempted to bribe the doorman to admit his juvenile companions.

Critical witnesses could have established how the minor obtained the illegal beverage was available but chose not to testify. His friends, who were never admitted to the Lounge bar, had no opportunity to observe him purchasing his beer. Under the unusual circumstances, as in many a criminal conviction, the allegation depends necessarily upon circumstantial evidence which must not be unsound.

Legal disputes over intoxicated drivers often hurt businesses and may cause great amount of money. If you find your company in need of sound advice, feel free to call and consult with legal counsel from Stephen Bilkis and Associates. Our offices are located all throughout the NY Metropolitan Area.

Anne-Marie P., a juvenile, was charged with various sex crimes that included one count of first degree sodomy, two counts of first degree sexual abuse, two counts of third degree sexual abuse and one count of sexual misconduct. These crimes were allegedly committed against Megan H., who was six years old at the time she testified. The court was satisfied in her ability to offer sworn testimony. The case went to trial in Family Court.

Megan testified that the juvenile defendant pulled down her pants and penetrated her vagina using her fingers. She also stated that the defendant put her mouth on her breasts and touched her behind. According to the victim, she attempted to escape the room where the inappropriate sexual contact took place. She also said she did not give Anne-Marie P. permission to do these things.

According to a New York Criminal Lawyer, Megan also testified that she had seen the defendant place her mouth on her brothers’ penises. Cross-examination revealed that Megan had told her mother what happened as well as the detective who took her statement. Reportedly, she could not remember the date or time the inappropriate sex acts took place. She also said that incidents similar to the ones she described had never happened to her friends and she had never seen anything so portrayed on television.

The girl’s mother, Cathy H. testified that Megan told her about the incidents. Reportedly, the defendant had been babysitting the victim and her brothers on the night of August 5, 1985. Cathy H. asked the defendant about the events Megan described but the juvenile denied the allegations. When Megan’s father came home from a business trip on August 8, 1985, the couple contacted police about the incident.

Anne-Marie P. testified that she did babysit for Megan and her brothers on the date in question. She denied any of the claims regarding sexual abuse or inappropriate sexual touching involving the minor children. Her attorney then raised the issue of whether Family Court was the proper venue for her case.

According to her testimony, Megan H. lived in Nassau County, which is where the events occurred. The defendant also acknowledged that she was babysitting the children in their home, which had a Nassau County address. As such, the court agreed that there should be no dispute over the jurisdiction. Furthermore, it was also acknowledged that the defendant testified to being 14 years of age, which also supports the case being heard in Family Court.

A Nassau County Criminal Lawyer said that Anne-Marie’s representatives also argued that there was no circumstantial evidence to support a conviction. Under Penal Law 130.16, corroboration was not a requirement in order to prove consent in sex offense cases involving underage children.

The court found that the victim’s testimony was credible and consistent and by itself, established proof beyond a reasonable doubt that the alleged sex abuse had occurred. Following this conclusion, the court upheld the charge of first degree sexual abuse but dismissed the other counts based on a lack of evidence. The court referred the case to the Nassau County Probation Department for a complete investigation, including a psychiatric and psychological evaluation of the juvenile defendant.

As evidenced by this case, sex crimes do not always involve an adult committing a sexual offense against a minor child. In some cases, another child may be the perpetrator of lewd acts or sexual abuse. Fortunately, the juvenile’s parents hired an experienced criminal defense lawyer to protect her rights.

If you or your child has been charged with sexual abuse of a minor, sodomy, another crime involving sex acts with a child, or endangering the welfare of a child or related offense, you also need to speak with a New York criminal defense attorney right away. The law firm of Stephen Bilkis and Associates specializes in defending the rights of individuals who’ve been charged with a serious sex offense. Call 1-800-NY-NY-LAW today or stop by one of our New York area offices to discuss your case. Don’t hesitate to get the legal help you need to defend yourself against a sex offense charge.

Edgar Bagarozy was convicted of sex crimes that included two counts of second degree sodomy for four instances of improper sexual contact with three young boys. Mr. Bagarozy was sentenced to two consecutive terms of 3 ½ to 7 years. Each victim testified that he had allowed Mr. Bagarozy to engage in oral sodomy in exchange for a trip to the movies or an amusement park.

Charges involving one of the victims, identified as Dennis M., were dismissed after the boy recanted. He claimed that he had falsely accused Mr. Bagarozy after being intimidated by the police. In the case of the two other victims, Angel J. and Manny O., Mr. Bagarozy was convicted of the sodomy charges.

The defendant opted not to testify at trial, despite the fact that the prosecution focused on his sexual preference and submitted a large volume of evidence attesting to his previous sexual acts involving young boys. Specifically, evidence was introduced regarding Mr. Bagarozy’s affiliation with NAMBLA (North American Man-Boy Love Association) as proof of his intent to commit sodomy. Following his conviction, Mr. Bagarozy’s criminal defense lawyer filed an appeal with the Supreme Court Appellate Division, First Department.

A New York Criminal Lawyer explained that the court examined the testimony presented at trial in making their determination. According to trial records, sometime in February 1984, 13-year-old Manny O. was in Mr. Bagarozy’s apartment watching movies. As they watched television, Mr. Bagarozy began playing with the boy’s hair. He then promised Manny he would take him to Action Park if he would allow him to perform oral sodomy on him. In November 1984, Manny was in Mr. Bagarozy’s apartment with another boy named Luis. Manny consented to the oral sodomy and Mr. Bagarozy took him and the other boy to the movies.

In January 1985, 11-year-old Angel J. went with Luis and another boy named Tony to Mr. Bagarozy’s apartment. Tony and Luis went into the bedroom. Angel went to the bedroom later on where he saw both boys with their pants down. Mr. Bagarozy pulled Angel’s pants down, put him on the bed and orally sodomized him. Angel then left the bedroom alone.

In January 1987, Mr. Bagarozy placed a phone call to Manny from Rikers Island where he was being held in custody after being arrested. He stated to Manny that he should not say anything to police about what happened in the apartment. He telephoned Manny again shortly before the trial began and advised him not to come to New York.

A Suffolk County Criminal Lawyer said that Tony and Luis, who were both 14, testified on Mr. Bagarozy’s behalf. Tony denied any sexual contact and also denied witnessing any sexual acts involving Angel. Luis testified that Mr. Bagarozy never touched him inappropriately and that no sexual contact, including sodomy, ever occurred.

The prosecution’s focus on Mr. Bagarozy’s sexual preference was also a focal point for the court. Prior to trial, she sought to introduce evidence regarding Mr. Bagarozy’s two prior convictions for second degree sodomy. The basis for her argument was that since both the prior crimes and the most recent sexual abuse involving minors were perpetrated against underage Hispanic boys, this established a pattern of behavior. The prosecution’s motion was denied but left the door open for her to refile later on if the prior convictions became relevant to the case at hand.

The trial court chose not to rule on a defense motion which would have excluded literature, photographs and videos taken from Mr. Bagarozy’s apartment after he was arrested, including the NAMBLA newsletters and a poem which described the performance of oral sodomy on a young boy.

In opening statements, the defense acknowledged that the evidence would show that Mr. Bagarozy was gay but that there was no proof of any improper sexual contact with a child. Furthermore, the defense argued that the police had manufactured the allegations against him based on homophobic fear.

The prosecution renewed her pre-trial application regarding evidence of Mr. Bagarozy’s prior record and personal background, based on the defense’s allegation that police had been surveilling him extensively prior to his arrest. The court again chose to deny this request. At trial, the prosecution questioned Sergeant Maginnis, the officer who had arrested Mr. Bagarozy. In her questioning, she attempted to elicit information about Mr. Bagarozy’s known background and specifically asked if he was a known pedophile. Defense moved for a mistrial but the court allowed the trial to continue and advised the jury to disregard the prosecution’s question.

The prosecutor eventually conceded that it was impossible to prove any sexual contact, sexual abuse or sodomy in the case of Dennis M. She did ask him about the erotic material found in the apartment but he denied ever seeing any of it. Defense council questioned Dennis about his involvement in a harassment lawsuit against the police. The prosecution attempted to establish a link between Dennis and another NAMBLA member but ultimately, the trial judge instructed the jury to disregard this evidence. She was, however, allowed to question Dennis M. as to whether he had any prior knowledge of Mr. Bagarozy’s sexual attraction to or involvement with young boys. At the end of her questioning, she asked the court to strike any and all testimony concerning the federal lawsuit.

Manny O. testified that he had seen NAMBLA literature at Mr. Bagarozy’s apartment on at least one occasion. The literature was then passed on to the jury for examination but stated that it was to be viewed only as indicative of his intent at the time of the alleged crimes, rather than a declaration of his beliefs.

A Detective Healy, who was working undercover inside NAMBLA, testified that he knew Mr. Bagarozy as Richard Boyer, a name that was listed as a contributor to the organization’s newsletter. The prosecutor questioned Mr. Healy as to whether he had ever seen Mr. Bagarozy at a NAMBLA meeting where sex acts had been performed. Defense again moved for a mistrial during this line of questioning.

During the cross-examination of Peter Meltzer, the publisher of the NAMBLA newsletter, the prosecution violated the court’s restrictions and asked him numerous questions outside the scope of what was allowed. The poem about oral sodomy that was found in Mr. Bagarozy’s apartment and had been printed in the NAMBLA newsletter was of particular concern.

In summation, the prosecution made an allusion to Jesus and characterized Mr. Bagarozy’s alleged crimes as an attempt to keep them from going to Heaven. The jury subsequently convicted him of the sodomy charges relating to Manny and Angel.

In reviewing the case, the appellate court pointed out that the central issue at trial was whether Mr. Bagarozy had committed sex acts with a minor, not his actual state of mind at the time. However, the prosecution’s line of questioning and the evidence she introduced focused solely on Mr. Bagarozy’s sexual preference, which was outside the scope of what the trial court agreed to allow. The court further concluded that both the prosecution and the trial judge incorrectly equivocated intent and proclivity and the introduction of the evidence relating to Mr. Bagarozy’s NAMBLA affiliation should not have been allowed. Furthermore, her references to Mr. Bagarozy being a pedophile were also improper. Inciting Biblical imagery in her summation was also considered to be an error that could not be overlooked.

Based on the prosecution’s handling of the case and on contradictory testimony presented by Manny O., the appellate court ruled that Mr. Bagarozy’s conviction for the two second degree sodomy counts should be reversed and his case remanded for a new trial.

The defendant in this case faced serious charges and without the help of his defense attorney, he may not have been able to escape an unfair prosecution. Fortunately, the prosecutor did not pursue additional charges against him, such as possession of child pornography or dissemination of obscene material to minors.

A conviction for rape, sexual abuse, child molestation or another sex crime in New York can have serious consequences, including imprisonment and registration as a sex offender. If you or a loved one has been charged with any of these crimes, you need to contact an experienced New York criminal defense attorney today.

The law firm of Stephen Bilkis and Associates specializes in defending clients who’ve been charged with sodomy and other sex offense. Call 1-800-NY-NY-LAW or visit one of our New York area office locations to discuss your case. Don’t let a conviction for a sex offense ruin your life. Call Stephen Bilkis and Associates today to get the experienced legal representation you need to protect your rights.

Michael Hernandez was found guilt of six counts of first degree sodomy, one count of attempted first degree sodomy, two counts of second degree sodomy and one count of first degree sexual abuse. Following his conviction, the Board of Examiners of Sex Offenders recommended designating Mr. Hernandez as a risk level three sexually violent offender upon his release. Mr. Hernandez’s criminal defense lawyer requested a risk assessment hearing to determine whether he should be assigned to risk level two based on the evidence.

A New York Criminal Lawyer said that according to trial records, Mr. Hernandez was convicted on sex crimes charges for committing improper sexual acts with five boys, aged 11 to 15. Apparently, Mr. Hernandez had convinced the boys to run away from home and go to a shack in the woods near Pelham Bay, where the sexual offenses occurred. At the time the sexual acts were committed, Mr. Hernandez was 19. He received a sentence of 8 1/3 to 25 years with a release date of November 7, 2011.

On October 23, 2003, the Board of Examiners of Sex Offenders submitted a risk assessment which recommended classifying Mr. Hernandez as a sexually violent offender based on score which was calculated by assigning a certain number of points for specific details of his crimes. Mr. Hernandez’s score totaled 165 points and was broken down accordingly: 10 points for use of force; 25 points for sexual intercourse and/or aggravated sexual abuse with the victim; 30 points for more than three victims; 20 points for a continuing act of sexual misconduct; 20 points for the victims being under age 16; 10 points for Mr. Hernandez being under age 20 at the time the crimes occurred; 30 points for a prior violent felony or misdemeanor sex crime conviction; 10 points for the prior crime occurring less than three years before the most recent acts; and 10 points for unsatisfactory conduct while incarcerated.

A New York Criminal Lawyer said that after calculating his risk level, the Board created a case summary based on a review of Mr. Hernandez’s file, including information gathered during the pre-sentencing investigation, his prior criminal history and his behavior since being imprisoned. According to the case summary, Mr. Hernandez was adjudicated as a youthful offender for a weapons offense in 1986 for which he received five years probation. While on probation, he was arrested for the sex crimes for which he was convicted. Specifically, Mr. Hernandez sodomized and sexually abused the five young boys over a period of two weeks. The sexual abuse of the minors involving fondling, as well as oral and anal sodomy of at least one victim. One of the boys testified that Mr. Hernandez kept a knife in plain sight while the sex crimes occurred and threatened to kill their families if they told on him. The boys also said that Mr. Hernandez had told them he had satanic powers and could control them. In addition, Mr. Hernandez incurred approximately 20 different violations while incarcerated.

Mr. Hernandez’s criminal defense attorney argued that despite the score established by the risk assessment, his client is not a threat to the community at large and should not be branded as a sexual predator. Specifically, the defense noted that since being imprisoned, Mr. Hernandez overcame a heroin addiction and became engaged to his fiancée. The defense also cite his age as an indication of his increased maturity level. The prosecution argued that these claims have no bearing on the outcome of the risk assessment and that they are not sufficient evidence to warrant a lesser risk level. The Bronx County Supreme Court was charged with deciding the issue.

A New York Drug Possession Lawyer said that the court first looked at the Board’s guidelines for determining what level of risk a sex offender may pose upon release and the likelihood of a repeat offense. Using the scoring system, the Board typically makes a recommendation as to whether an individual should be designated as a sexual predator, sexually violent offender or predicate sex offender. The risk level assigned to an offender determines what information can be shared with the public about his crimes and current location. The Board uses 15 separate factors in four categories to calculate an offender’s risk level. A score of 110 or higher leads to an assignment of risk level three.

In Mr. Hernandez’s case, the court was asked to determine whether he qualified as a level two risk rather than a level three. Risk level three is typically reserved for cases where the risk of a repeat offense is especially high. Offenders assigned this level will have their exact address and place of employment made available to the public.

The court examined the information used to calculate Mr. Hernandez’s score and considered the guidelines established by the Board of Examiners of Sex Offenders. Under the Sex Offender Registration Act (SORA), any individual who is convicted of first degree sodomy, attempted first degree sodomy or first degree sexual abuse is considered to be a sexually violent offender. In Mr. Hernandez’s case, he was convicted of all of these crimes. Based on the crimes he was convicted of, his prior criminal history, the age of the victims, Mr. Hernandez’s age and the fact that the crimes were ongoing, the court held that the Board’s initial risk level assessment was correct. Accordingly, his classification as a risk level three sexually violent offender was upheld.

Sexual offenses are considered to be serious offenses in New York state. A conviction for a sex crime such as indecency with a minor, possession of child pornography or child sexual abuse can not only land you in prison but leave you branded as a sexual predator for the rest of your life. If you’ve been charged with sodomy, molestation or any included drug crime, you need to speak with an experienced skilled legal counsel right away
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The law firm of Stephen Bilkis and Associates specializes in handling cases involving sex and drug crimes. Our expert team of criminal defense lawyers is committed to proving your innocence and aggressively defending your rights. Call 1-800-NY-NY-LAW or stop by one of our New York area offices to discuss your case. Don’t wait another day to get the expert legal representation you need to fight a sex crimes charge.

According to a New York Drug Crime Lawyer , a 33-year old man was indicted by a jury and charged with marijua posssession. Court records showed that the defendant was a second felony offender but not a violent offender. During the course of plea negotiations, the defendant was offered by the State a plea to a B felony in satisfaction of the indictment with a minimum sentence of four and a half years to nine years in state prison. Prior to defendant's plea, the New York State Legislature passed the Drug Law Reform Act, which was signed into law in 2004.

The People took the plea with a minimum sentence but the sole issue in contention is, what is the minimum state prison sentence now allowed by law given the passage of the new law.

A New York Drug Possession Lawyer said that the defense attorney argued that the newly enacted DLRA should be applied retroactively and authorized not only a plea to a B felony reduction from an A-I felony but also the appropriate sentence should be a three and a half year determinate prison term with postrelease supervision set by the court at a determinate time of the minimum of one and a half years to a maximum of three years.

According to the court, the new DLRA was the response of the New York State Legislature to a long-time call to amend the so-called Rockefeller drug laws which some have argued were outdated and draconian.

The new criminal laws applicable to this case provide, in substance, for allowing a plea to a B felony drug offense from an A-I or A-II drug offense. The New Penal Law, which provides guidelines for sentencing of drug offenders, set sentence for a second felony drug offender (nonviolent) convicted of a B felony at a determinate term from a minimum of three and a half years to a maximum of 12 years and postrelease supervision of a determinate term of a minimum of one and a half years to a maximum of 3 years.

A Nassau County Criminal Lawyer said there is no question that the crimes that the defendant is charged in this case were committed prior to the effective date of the relevant criminal law provisions. The court did not agree with the defense's argument that the relevant law should be applied retroactively. The court explained that the general rule is that non-procedural statutes are not to be applied retroactively absent a plainly manifested legislative intent to that effect. An exception is when the Legislature passes an ameliorative amendment that reduces the punishment for a particular crime.

Accordingly, the court found that the sentencing statute is not retroactive to crimes committed prior to the effective date of the said statute and that it is not the province of the trial judiciary to change the clear and unambiguous language of duly enacted law unless its application would effect an unconstitutional, illegal or harmful act.

A Queens Criminal Lawyer cautions that drug addiction is a rampant problem in society and affects everyone. Being involved in a lawsuit arising from this crime is difficult. There are New York Drug Crime Attorneys will stand by you and help see you through your case. These Attorneys can argue your side and make sure that you and your loved ones are compensated.

Stephen Bilkis & Associates with its team of criminal lawyer, has offices throughout the New York Metropolitan area. Our attorneys can provide you with advice to guide you through your difficult situations. Without our attorneys, you may lose your rights which may cost you a significant amount of money.

A driver was involved in a one-car accident in Albany County. The car he was driving left the highway and struck a tree. As the result of investigation, officers of the defendant Town Police Department went to the hospital to issue the plaintiff driver his appearance tickets charging him of DWI (driving while intoxicated), operating an unregistered vehicle and driving at a speed not reasonable and prudent. A New York DWI Lawyer said that a blood sample was taken from the plaintiff to determine his blood alcohol content, which later proved to be negative. Consequently, the charges against the driver were dismissed. Thereafter, the driver commenced a legal action against the defendant Town, the police department and the Police Officer for false imprisonment and malicious prosecution. The defendants answered and moved for dismissal of the charges. In opposition to the motions, the driver conceded that his claim for false imprisonment did not lie, but contended that his malicious prosecution claim was viable because the defendants lacked probable cause to initiate the criminal proceeding which was terminated in his favor. The Supreme Court granted the defendants' motions and an appeal proceeded.

A New York DWI Lawyer explained that elements of an action for malicious prosecution are initiation of a proceeding without probable cause. Records show that the defendants submitted their testimony and affidavits of the police officers who were dispatched to the accident scene. The testimony and affidavits claim that the driver was observed to be somewhat incoherent, and that they detected a faint odor of alcohol emanating from him. When they asked the driver whether he had been drinking, the driver responded that he did not drink much. The police officers further alleged that the driver’s automobile had failed to negotiate a curve at the accident site and that the road surface was dry and free of any defects where the vehicle had left the road. Based upon the facts, the police officers asserted that there existed probable cause to issue the appearance tickets in question.

In opposition to the motion, the driver asserted that he had consumed no alcoholic beverages on the day of the accident, a fact confirmed by the results of his blood alcohol analysis, and that the accident resulted when he leaned over to pick up a cigarette that he had dropped. As to his alleged conversation with the police concerning his alcohol consumption, the driver alleged that he had no recollection of events from the time of the collision until he regained consciousness in the hospital two months later. A Nassau County Criminal Lawyer said that it appears that there are questions of fact as to whether probable cause existed for the issuance of the appearance ticket for driving while intoxicated. Notably, the driver’s alleged admission that he had not drunk much on the day of the accident was a matter solely within the knowledge of the moving parties, given the driver's lack of recollection of events following the accident, and should not form the basis for dismissal.

It follows that there is a question of fact concerning the issue of malice. If, on trial, the fact finder discredits the police officers' statements that they detected an odor of alcohol emanating from the driver and that the driver stated that he had not been drinking much, then he would be entitled to a charge that the fact finder might conclude that the felonious proceeding was instituted maliciously.

The Supreme Court agrees that there is a question of fact as to whether the proceedings were terminated in the plaintiff's favor. The defendants presented no evidence that the proceedings were not terminated in his favor and he was not required to come forward with any proof. Nevertheless, the defendants rely on a statement in the plaintiff's affidavit that the appearance tickets were dismissed in the interest of justice. A dismissal in the interest of justice is not sufficient to sustain a cause of action to recover damages for malicious prosecution. Such a dismissal would not have been pursuant to the law since the law refers to misdemeanor complaint and would not include the appearance tickets in question.

Wrongful accusations if not proven otherwise, may harm you and your family. It may also cause your freedom. At Stephen Bilkis and Associates, a team of skilled lawyers can help you triumph over these kind of circumstances. Make a call for free consultation and let our lawyers handle the troubles you have.

On October 16, 1997, a male identified only as C.B. made a videotaped confession to a Bronx Assistant District Attorney following his arrest. During the confession, C.B. discussed numerous criminal offenses and described on at least 11 different occasions on which he had entered private residences unlawfully and in some cases, masturbated onto a sleeping female victim. He also claims to be an exhibitionist and states that he needs help because he has a problem or illness that made him repeatedly commit the sex crimes.

C.B.’s criminal defense attorney subsequently filed a motion with the Bronx County Supreme Court to exclude statements made in the confession that related to the charges he was arrested on. According to a New York Criminal Lawyer, the motion also included a request to exclude testimony from the victims and the minutes of the Grand Jury proceedings. Specifically, defense counsel argued that the victim should be precluded from testifying at trial since the statements offered would be irrelevant; that the videotaped confession should be excluded since it contains evidence of unrelated and uncharged crimes; that the videotape itself was prejudicial; and that C.B. was not competent to testify as to his own mental capacity.

An Article 10 hearing was scheduled on April 9, 2009, to determine whether the tape confession should be admitted. Defense counsel also argued that the tape’s admission would violate C.B.’s constitutional rights and that Grand Jury testimony should be precluded since it was never referenced in the charges or plea allocution and should not be disclosed without a court order.

The Supreme Court held that the statements on the tape constituted admissions against interest. Accordingly, declarations or statements made be a defendant may be included in evidence as an admission if the statements are material to the issue at hand. The court held that the videotaped statements had a direct bearing on whether or not he did indeed suffer from a mental incapacity or abnormality. According to Article 10, a mental abnormality includes a congenital or acquired condition, disease or disorder that affects emotional and cognitive capacity in such a way that causes an individual to be inclined to commit sexual offenses and renders them unable to stop.

A Suffolk County Criminal Lawyer said that the court held that since C.B. admitted at least 11 different inappropriate sexual acts, this constituted evidence of his tendency to commit sexual offenses and his inability to control his actions. The fact that he also admitted to other crimes for which he was never charged did not detract from the credibility or relevance of the taped confession. In addition, the court held that his admissions regarding the uncharged crimes were not necessarily prejudicial and that the evidence could be viewed as admissible if it was relevant to a material issue in the case.

The court was also asked to consider whether C.B. was sufficiently competent to testify as to his own mental condition. The court held that there was a substantial difference between testifying as to one’s mental condition and past statements or actions that could provide evidence of an individual’s mental capacity. Specifically, C.B.’s statements did not qualify as expert testimony regarding his mental condition but they are indicative of evidence that the jury may consider in evaluating expert testimony offered at trial and in drawing conclusions about his present mental state.

With regard to C.B.’s due process rights, his criminal defense attorney argued that his client may have challenged the voluntariness of his statements if he had known that they might be used against him at a civil commitment proceeding. The court held that the fact that he might not have plead guilty had he been aware that the outcome of a future civil proceeding might be based on his prior criminal conviction did not merit a renewed right to suppress the confession.
The court did acknowledge that a party in a civil proceeding may deny an admission or submit evidence involving the circumstances in which an admission was offered.

In addition, the court chose to limit the admission of the videotape only to those portions up to and including the incident which occurred on May 29, 1997, which included six incidents in total. The court chose this option based on the belief that the incidents described in that half of the tape were factually similar to the offenses for which C.B. was charged and included sufficient statements regarding his mental capacity.

Defense counsel sought to exclude the victim from testifying at trial on the grounds that the testimony would be irrelevant. The court agreed that allowing the victim to testify would likely be prejudicial to the case. The court did however, disagree with defense counsel’s motion to exclude the Grand Jury testimony.

Facing trial for a sex offense can be a frightening experience and one that you should not undertake without the advice and help of an experienced New York criminal defense attorney. Whether you have been charged with a sex offense, or burglary or grand larceny, the aid of a qualified attorney is key to protecting your rights and proving your innocence.

The law firm of Stephen Bilkis and Associates is committed to aggressively defending individuals who’ve been charged criminal offenses. Call 1-800-NY-NY-LAW to speak with a member of our criminal defense team or visit one of our New York area offices to discuss your case in person. Don’t face the judge and jury alone. Call Stephen Bilkis and Associates today to get the experienced legal representation you need to fight a sex crimes charge in the New York area.

On December 6, 2007, Pasqual Reyes was convicted of one count each of second degree burglary and endangering the welfare of a child as well as four counts of third degree sexual abuse. At trial, the jury sent the judge a note questioning how the age of the victim impacted intent with regard to the burglary charge. The court essentially stated that it would advise the jury that the age of the victim was irrelevant. Mr. Reyes’ criminal defense attorney objected and asked the court to reread its original instruction. Defense argued that age of the victim was a factor in determining intent to commit burglary. The court reaffirmed its stance and delivered a more specific instruction to the jury. The jury found Mr. Reyes guilty of the above-mentioned charges and his defense attorney appealed to the Supreme Court Appellate Division, First Department.

According to a New York Criminal Lawyer, the appellate court was asked to consider whether the court should have reread the original instruction as requested by defense counsel. Defense claimed that the revised instruction the trial judge provided was incorrect and prejudicially misleading. With regard to the defense’s argument, the court held that it was appropriate for the trial judge to have delivered more specific instructions to the jury, rather than the readback of the charge that was originally requested since the jury clearly did not understand the information given to them initially.
Defense counsel also argued that the third degree sexual abuse charge did not satisfy the intent element of the burglary charge. The appellate court again reiterated that the trial judge charged the jury correctly in stating that if they believed that Mr. Reyes intentionally entered the building in order to have sexual contact with a minor then the victim’s actual age is irrelevant. The court also cited New York law, which holds that a person is responsible for the age of any individual with whom they have sexual contact, whether they know the other person’s age or the person represents their age as being different from what it actually is.

A Westchester County Criminal Lawyer explained that in New York, a person is guilty of third degree sexual abuse when he or she has sexual contact with another person without their consent. A sexual abuse victim is legally incapable of consenting if they are less than 17 years of age. A person is guilty of endangering the welfare of a child if he or she knowingly acts in a way that is likely to cause physical, mental or moral harm to someone under 17 years of age. The prosecutor established that the victim was 14 years old at the time of the alleged sexual acts and Mr. Reyes was 32 years old.

With regards to the burglary charge, under New York law someone is guilty of second degree burglary if he or she knowingly enters a building with the intent to commit a crime.

The appellate court held that the trial court was correct in charging the jury that all the prosecution had to prove was that Mr. Reyes entered the building with the intent to have sexual contact with his victim, not that the victim was under 17 or that he knew her actual age. The court likened their reasoning to that used in cases where a defendant is charged with an attempted crime, rather than the completed act. As such, the appellate panel concurred in their opinion to uphold Mr. Reyes’ conviction on all counts.

Although Mr. Reyes’ criminal defense attorney attempted to challenge the court’s ruling, he was unsuccessful in proving his claims. The issues raised by the defense on appeal were contradictory in nature to the objections originally brought at trial, which lead the appellate court to uphold the jury’s verdict.

Hiring an experienced New York criminal defense lawyer is the first step in defending your rights when you have been charged with sex crimes. If you or someone you love has been arrested for rape, sexual abuse, sodomy or other sex acts involving a minor, you shouldn’t hesitate to retain experienced legal counsel immediately. The law firm of Stephen Bilkis and Associates is available to assist criminal defendants in fighting sex crimes charges. Call 1-800-NY-NY-LAW today to speak with a member of our expert legal team or visit one of our New York area offices to discuss your case in person. Don’t face the judge and jury alone. Call Stephen Bilkis and Associates today to get the help you need to protect your rights.

On September 4, 2009, Jelan Miller was convicted of one count each of first degree rape, third degree rape, attempted criminal sexual act in the first degree and attempted criminal sexual act in the third degree. Mr. Miller appealed his conviction to the New York State Supreme Court Appellate, Second Division based on a claim of ineffective assistance of counsel.

According to trial records, Mr. Miller was charged with raping a 16-year-old girl who frequently baby sat for him and his girlfriend in their home. The girl claimed that Mr. Miller raped her one evening when she stayed overnight at the residence.

A New York Criminal Lawyer said that in reviewing Mr. Miller’s case, the appellate court found that his criminal defense attorney failed to prevent prejudicial evidence from being admitted at trial. Specifically, the girl’s mother testified that two of Mr. Miller’s girlfriend’s nieces were often present in the home and that their personalities and behavior changed seemingly overnight. One girl, she stated, became mean and angry while the other became very promiscuous. These statements had the effect of implying that Mr. Miller had inappropriate sexual contact with the two girls, suggesting to the jury that he had a predisposition for committing sexual acts with minors. Mr. Miller’s attorney objected to the statements on the grounds that they were hearsay but never raised any objection regarding their prejudicial nature. The defense also never requested the judge to instruct the jury to consider the information within a limited scope.

A New York Criminal Lawyer stated that Mr. Miller’s girlfriend stated on cross-examination that her daughter had dreamt that he was sexually abusing her. The prosecutor asked her if she believed that it was a coincidence that her daughter had had such a dream and that another girl was now accusing Mr. Miller of rape. Defense counsel again objected but said nothing about the testimony being prejudicial. This objection was overruled and the testimony was allowed. The statements offered by Mr. Miller’s girlfriend implied to the jury that he had potentially raped her daughter and that he had a prior history of sex crimes involving young children. Defense counsel again failed to file a request for a limiting instruction to the jury regarding the girlfriend’s statements.

The appellate court found that there could be no legitimate reason or trial strategy which would excuse or explain defense counsel’s failure to object to the prejudicial testimony. Furthermore, the court held that the admission of the testimony deprived Mr. Miller of his right to a fair trial since the statements admitted into evidence may have caused the jury to believe that he had a previous history of inappropriate sexual contact with young children, which may have caused them to unfairly evaluate the evidence in the case at hand. As such, the appellate court opted to reverse Mr. Miller’s conviction and remand the case for a new trial.

As evidenced by this case, choosing the right criminal defense attorney can make all the difference when attempting to prove your innocence in the face of sex crimes charges, theft allegations or drug possession charges. Mr. Miller’s defense counsel effectively circumvented his own case by not objecting to testimony which case his client as a sexual predator.

If you or a loved one has been charged with sexual abuse, rape or other inappropriate sex crimes involving minors, you need to contact an experienced attorney right away. The law firm of Stephen Bilkis and Associates is committed to aggressively defending the rights of individuals charged with sex offenses. Call 1-800-NY-NY-LAW today to speak with a member of our criminal defense team. You may also visit one of our many New York area offices to discuss your case in person. Don’t let a conviction for a sexual offense ruin your life. Call Stephen Bilkis and Associates today to get the professional legal representation you need to prove your innocence.

Francis McCann was charged with one count each of first degree sodomy, first degree robbery, first degree sexual abuse and two counts of criminal weapon possession in the fourth degree. The crimes allegedly occurred on June 13, 1976 but Mr. McCann was not indicted until January 24, 1980.

A New York Sex Crime Lawyer explained that Mr. McCann’s criminal trial for the robbery and sex crimes charges began in September 1980. The proceeding ended in a mistrial due to a hung jury. The primary piece of evidence presented by the prosecution was the victim’s identification of Mr. McCann.

At the second trial, Mr. McCann hired a new criminal defense lawyer. His attorney filed a request with the prosecution to produce certain evidence based on a police reported prepared by Detective Stanley E. Carpenter, who worked in the Queens Sex Crimes Unit at the time. According to the detective’s report, the person who committed the robbery and sex offenses cut his hand during a struggle. The report stated that there were blood stains around the area where the attack occurred as well as on the victim’s pants.

A New York Sex Crime Lawyer said that based on this report, defense counsel sought out the police lab report for the blood samples taken at the scene and from the victim’s pants. The District Attorney’s Office later notified Mr. McCann’s attorney that they could not locate the lab report, blood samples or the victim’s pants. Following this admission, defense counsel moved for a dismissal of the indictment on the grounds that Mr. McCann’s rights had been violated with regard to due process. It was his contention that the evidence would prove his client’s innocence. The prosecution argued that there was no explicit duty to preserve evidence that might exclude a potential suspect if there was no suspect or perpetrator identified at the time.

A hearing was held in the Queens County Supreme Court, Criminal Term to determine the merit of the motion. The prosecution was asked to explain how the evidence was lost and the defense also had an opportunity to prevent expert testimony regarding the value of the evidence had it not been misplaced. Dr. Robert Charles Shaler of the New York City Chief Medical Examiner’s Office testified for the defense. The prosecution called the detective who prepared the report and a representative from the District Attorney’s Office.

A Nassau County Criminal Lawyer said that based on the evidence presented at the hearing, the Supreme Court determined that the detective who prepared the report had intentionally discarded the blood samples taken from the walls and ground where the attack occurred. The detective also stated that he had allowed the victim to wear her bloodstained pants home and never made any effort to retrieve them. The District Attorney’s Office assigned two other detectives to obtain the slacks but no serious effort was effort made to do so.

Dr. Shaler testified that if a blood sample were properly preserved, its age would have no impact on one’s ability to determine who it came from. Specifically, the blood on the victim’s pants would have been usable for testing, even after the passage of six years between the attack and trial.

The Supreme Court held that the detective’s failure to preserve the evidence collected at the scene violated Mr. McCann’s rights to due process, regardless of the fact that he had not actually been named as a suspect yet. A Queens Criminal Lawyer said that the court called the police negligent and irresponsible in their actions regarding the disposal of crime scene evidence and their blatant failure to retrieve the victim’s pants. The court also argued that based on Dr. Shaler’s testimony, the blood evidence was material to establishing guilt or innocence.

After determining the value of the discarded evidence, the court also had to decide whether the prosecution should be sanctioned for the police’s failure to preserve the blood samples. The court found that the prosecution’s arguments had no grounding and that the lack of suspect was irrelevant when determining whether or not to preserve evidence. Both the prosecution and the police impeded Mr. McCann in his ability to establish an alibi or to prove his innocence based on the physical evidence.

As such, the court found that the prosecution should be sanctioned for the police’s failure to preserve evidence that was elemental to establishing Mr. McCann’s guilt or innocence. The court deemed the only appropriate sanction would be to dismiss the charges and accordingly, granted defense counsel’s motion.

While the police and prosecution committed serious errors in this case, Mr. McCann still required the assistance of an experienced attorney in protecting his rights. Had he been convicted of robbery, sodomy or the sexual abuse charges, he may have faced a lengthy prison term.

If you’ve been charged with sexual abuse, sodomy or another serious sex offense, the law firm of Stephen Bilkis and Associates is available to help with your defense. Call 1-800-NY-NY-LAW to speak with a member of our sex crimes criminal defense team. You can also stop by any of our New York area office locations to speak with one of our attorneys in person. Don’t face the judge and jury alone. Contact Stephen Bilkis and Associates today to get the expert criminal defense you need to protect your rights.

A 44-year old man was convicted, following a jury trial, of various crimes stemming from a shootout during which two innocent bystanders were injured. The defendant thereafter was sentenced as a second felony offender to an aggregate term of 30 years in prison with five years of post-release supervision. The defendant appealed his conviction.

A New York Drug Crime Lawyer explained that prior to trial, evidence was introduced showing that the defendant has been convicted with drug crimes, based on guilty pleas, and the other man involved in the shoot-out has been convicted with crack cocaine possession, with the intent to sell. Following the shootout, the other man involved in the shootout was again found in possession of crack cocaine, leading to several drug-related crimes.

The prosecution argued that the prior conviction was probative of the defendant's intent to act in concert with the other man to constructively possess and sell the cocaine; the State also sought to introduce evidence of the defendant's alleged gang affiliation and other prior drug dealing and gun possession charges as additional evidence of intent and motive.

A New York Drug Possession Lawyer said that the appellate court, after review of the record, found that the trial court balanced the prejudice to defendant against the probative value of the proffered evidence, and ultimately permitted the introduction of the prior drug-related conviction as relevant to the prosecution's theory of the case that defendant and the other man involved in the shootout were accomplices in the newly charged drug-related crimes, but denied the prosecution's request to introduce evidence of gang affiliation and the other prior charges.

The defendant also argued that the jury's finding that he possessed and fired a weapon was against the weight of the evidence because none of the prosecution's witnesses testified to actually seeing him hold and fire a weapon during the shootout. The appellate court disagreed, based on the strong circumstantial evidence supporting the jury's findings. Testimony from witnesses established that the defendant was in possession of a handgun the day prior to the incident, and that the defendant and the other man involved in the crime had each armed themselves with handguns shortly before the shooting.

The appellate court also rejected the defendant's remaining contentions, mentioned a Nassau County Criminal Lawyer, finding that he was not prejudiced by the prosecutor's reference during summation to defendant in the context of the other man's statement to police. The prosecutor, according to the appellate court, properly referred only to the other man's redacted statement, and his use of the statement to draw inferences about defendant's participation in the crime by linking it to other trial evidence was permissible. Nor did the appellate court find any basis to justify a reduction in the defendant's sentence, which was within the statutory guidelines under relevant penal laws, given the brazen nature of defendant's crimes and his lengthy criminal history. Accordingly, the appellate court affirmed the trial court's conviction.

A Queens Criminal Lawyer mentioned that drug addiction is a rampant problem in society and affects everyone. Suffering personal injuries and being involved in a lawsuit arising from such is difficult. There are skilled attorneys will stand by you and help see you through your case. These attorneys can argue your side and make sure that you and your loved ones are compensated.

Stephen Bilkis & Associates has offices throughout the New York Metropolitan area. Our attorneys can provide you with advice to guide you through your difficult situations.

A husband was convicted after a jury trial, of attempted murder, assault in the first degree and assault in the second degree. His terms were to run concurrently.

The husband repeatedly stabbed his wife, causing her serious and permanent injuries, and forced her seven year old step-daughter to fall out of a window. A New York DWI Lawyer explained that the principal question is whether the husband was entitled to the requested charge of reckless criminal assault, as a lesser included offense of intentional assault. The husband contends that the court should have granted his request, arguing that it was inherently inconsistent for the court to charge intoxication but not the lesser included offense of reckless assault arising out of that intoxication.

To establish entitlement to a lesser included offense charge, the defendant must show that the additional offense he seeks to have charged is a lesser included offense, an offense of a lesser degree. He must also show that it is theoretically impossible to commit the greater crime without also committing the lesser one and there is a reasonable view of the evidence that would support a finding that he committed the lesser offense but not the greater. A New York Criminal Lawyer contends that with the circumstances presented, it was impossible to commit intentional assault without also committing reckless assault. While the evidence of intoxication may be considered as negating the element of intent, there was insufficient evidence of intoxication for a reasonable person to entertain a doubt as to the husband’s. Thus, as the court argued in opposing the husband's request for a charge on intoxication, no reasonable view of the evidence show that he was intoxicated. The issue of his intoxication should not have been submitted to the jury, and the court's failure to charge reckless assault under the theory he was intoxicated was not an error and does not warrant reversal.

A social worker who had interviewed the wife at the hospital ten days after the stabbing noted in her report that she had described her husband’s condition at the time of the attack as a drunken, jealous rage. According to a Nassau County DWI Lawyer, he husband sought to introduce the wife’s characterization as a prior inconsistent statement to impeach her testimony that he was not intoxicated at the time of the attack and that she did not recall stating that he was in a drunken, jealous rage. Over the defense counsel's objection, the court admitted in evidence the entire report of the interview--in which the wife had expressed her feelings about the attack--not merely the one statement her husband sought to have admitted. The court instructed the jury that the social worker's statement is received in evidence not for its truth, but to show the statement was made.

In charging intoxication the court contrasted the testimony of the social worker that the wife had told her that her husband had stabbed her in a drunken, jealous rage with her in-court testimony that she did not recall whether or not she had made such a statement. The social worker's testimony, however, did not furnish direct evidence of intoxication, since the defense counsel sought to introduce the testimony solely as a prior inconsistent statement to impeach the wife and since the court clearly admitted it for that limited purpose. The defendant's brother testified that he observed the defendant drinking six or seven hours before the crimes. However, drinking the night before the incident is not a sufficient basis for an intoxication charge, especially since the brother of the defendant merely stated his brother was drinking; he did not state that the defendant exhibited any signs of intoxication. The trial court did not refer to the brother’s testimony in its intoxication charge.

The only evidence regarding the defendant's condition at the time of the incident was the wife’s testimony that her husband was not intoxicated or under the influence of drugs. Moreover, she testified that at the time of the stabbing her husband told her she is going to die. The stepdaughter testified that when her father caught up with her on the stairwell, he told her that if she did not jump out of the window he would stab her and that he pulled her hands from the window's safety bars, causing her to fall to the ledge on the second floor. It showed that the defendant was acting, not recklessly, but with the intent to cause, at a minimum, serious physical injury.

When a family member is the one who caused you harm, you might be blinded by the intention of protecting that person over your own right to justice. At Stephen Bilkis and Associates, our legal team will make sure that committing justice in your favor is their top priority.

Ronald Pawley was indicted on September 19, 1978 for two counts of first degree sodomy, two counts of third degree sodomy and four counts of endangering the welfare of a child. The Monroe County Court dismissed all of the charges with the exception of two counts of endangering the welfare of a child. The prosecutor subsequently appealed the court’s decision.
The Supreme Court Appellate Division, Fourth Department was charged with determining whether the prosecution’s motion had any merit. Specifically, the court looked at the legal requirements pertaining to corroboration in cases involving sex crimes.

Under Section 130.16 of the New York Penal Law code, no person can be convicted of consensual sodomy or any other sex crime which includes lack of consent as an element if the victim cannot consent because of age, mental capacity or mental defect if there is no other corroborating evidence. The requirement for corroboration of a victim’s testimony does not apply in cases involving sex offenses, excluding cases involving consensual sodomy and sex offenses where lack of consent is presumed due to age or mental state.

The court was asked to consider whether a grand jury indictment that was based on uncorroborated evidence for one or more of the charged crimes could be sustained. In Mr. Pawley’s case, the only evidence presented to suggest he had engaged in unlawful sexual contact was the testimony of the victims, two 15-year-old boys.

According to a New York Criminal Lawyer, the appellate division held that corroborated evidence at the grand jury stage is a requirement for an indictment for any crime included under Section 130.16. Specifically, the appellate court found that the trial court acted correctly in dismissing the two counts of third degree sodomy.

In regards to the first two counts of the indictment, sodomy in the first degree, the appellate court held that the trial court acted in error in dismissing these charges. Under New York law, first degree sodomy is defined as unlawfully engaging in sexual contact with someone who is incapable of consenting by reason of physical helplessness. The court held that the testimony the victims presented to the grand jury was sufficient to support the charges. Specifically, the court noted that in order to dismiss a charge based on insufficient evidence, the evidence presented must not support the crime or any lesser included offense. In Mr. Pawley’s case, third degree sexual abuse was a lesser included offense of first degree sodomy and the evidence presented to the grand jury did support the sexual abuse charge.

Under New York Penal law, someone is guilty of third degree sexual abuse when he or she engages in sexual contact with another person without their consent. In Mr. Pawley’s case, the evidence suggested that he had offered drugs and alcohol to the 15-year-old victims, presumably in an effort to weaken their defenses and make them less likely to resist his sexual advances.

The appellate division also held that the first two counts of endangering the welfare of a child were improperly dismissed. The court again pointed to Mr. Pawley’s actions in providing drugs and alcohol to the victims so that he could engage in unlawful sexual contact with them. Accordingly, the court unanimously voted to reinstate the first, second, fifth and sixth counts of the indictment, according to a Bronx Criminal Lawyer.

While Mr. Pawley’s New York criminal defense lawyer presented an interesting argument, ultimately the court was not persuaded to deny the prosecution’s motion. If you or someone you love has been charged with sodomy, sexual abuse, sexual assault or another sex offense, you need to contact an experienced defense attorney right away.

The law firm of Stephen Bilkis and Associates offers expert legal defense to individuals facing charges for sex crimes in the New York area. Help is available by calling 1-800-NY-NY-LAW or by visiting one of our multiple office locations.

Our team of experienced criminal defense attorneys is committed to aggressively defending your rights to produce the best outcome possible. Don’t let a conviction for a sex crime ruin your life. Contact Stephen Bilkis and Associates today to get the professional legal help you need to mount the strongest defense possible against a sex offense charge.

David Felix was charged with robbery in the second degree as an armed and violent Class C felony, according to a New York Criminal Lawyer. He pled guilty to a Class D violent felony offense in exchange for a prison sentence of one to three years. At that time, the court agreed to consider an application for a less sentence based on mitigating circumstances. The court later found that there was insufficient mitigating evidence to support a shorter term than he had already received. Mr. Felix then challenged the court’s decision, alleging a violation of his due process rights. The court rejected his claim. At the sentencing hearing, Mr. Felix’s criminal defense attorney filed another application for a shorter sentence, which was also denied.

The case was then referred to the Supreme Court Appellate Division to address Mr. Felix’s constitutional claim. After reviewing New York Penal Law, the court determined that the prison term he received was appropriate and that the lower acted within the boundaries of its discretion in handing down the sentence. Accordingly, his plea arrangement and sentence were affirmed.
In a concurring opinion, Justice Lupiano noted that the statute in question, Penal Law Section 70.02., was in fact constitutional. Furthermore, the judge noted that in pleading guilty to the second degree attempted robbery charge, Mr. Felix was fully aware of the sentencing restrictions imposed by law.

The judge went on to cite a Colorado case, Specht v. Patterson, in which a defendant was convicted for indecent liberties with a minor. Instead of being sentenced under the statutory guidelines, Mr. Specht was sentenced under the Colorado Sex Offenders Act, which allows an indeterminate sentence ranging from one day to life in prison. In that case, the use of the Sex Offenders Act entailed the creation of a new charge which would have required Mr. Specht’s due process rights to be observed.

In Mr. Felix’s case, a new charge was not the issue, commented a New York Criminal Lawyer. The question centered on the plea bargain arrangement and the statutory sentencing guidelines that govern it. Under Statute 70.02, the sentencing court was permitted to impose the same sentence on an individual who pleads guilty to a class D violent felony as it would for someone who was convicted by a jury of the same offense. Accordingly, Justice Lupiano concluded that Mr. Felix’s conviction for second degree robbery and his sentence should be affirmed.

In a dissenting opinion, Justice Sullivan held that the sentencing court made no attempt to justify the sentence it imposed and that the sentence was outside the scope of its discretion. The judge found that in sentencing Mr. Felix, the court did not take into account mitigating circumstances surrounding his background and lifestyle since committing the crimes. The judge also argued that Penal Law Section 70.02 was unconstitutional because it allowed defendants to be sentenced to an enhanced punishment for an unproven charge without requiring the prosecution to show evidence of the crimes. This effectively equates to a violation of a defendant’s due process rights. Accordingly, Justice Sullivan held that Mr. Felix’s sentence should be reversed and the case remanded for a new sentencing hearing.

While the majority determined that Mr. Felix’s sentence should be upheld, his New York criminal defense attorney was able to persuade at least one member of the appellate panel that the sentencing was unfairly imposed. Mr. Felix was fortunate to have such a dedicated legal advocate fighting for his rights.

Hiring an experienced criminal defense lawyer should be your top priority if you or a loved one has been charged with robbery, sex crimes or other serious offenses. The law office of Stephen Bilkis and Associates specializes in providing legal representation for criminal defendants involved in robbery and sex offense cases in the New York area. Help is available by calling 1-800-NY-NY-LAW or by visiting one of the firm’s numerous office locations. A conviction for robbery, burglary, sex crime or drug possession can have life-altering consequences. Contact Stephen Bilkis and Associates today to get the assistance you need to navigate the complexities of the new York legal system.

On November 7, 1974, the Supreme Court of Monroe County, New York was called upon to hear the appeal of a drug possession conviction. According to a Brooklyn Criminal Lawyer, New York man was convicted after a jury trial of “Criminal Sale of a Controlled Substance in the First Degree based on a $5000.00 sale of cocaine, Criminal Possession of a Controlled Substance in the Fifth Degree, and Criminally Using Drug Paraphernalia in the Second Degree.” The appeal of the offender’s cocaine possession and sale case was based on the contention by the offender that the state’s statute was written in violation of the United States Constitution.

According to a New York Criminal Lawyer, the offender claims that the punishment imposed on Class A drug felons is cruel and unusual in violation of the Eighth and Fourteenth Amendments to the United States Constitution. The defendant argued that the sentences for drug offenses in New York are disproportionate to the offenses themselves. He sites in his behalf that other jurisdictions have lowered their mandated sentences when they were determined to be disproportionate. He contends that New York’s failure to do so makes them in violation of the United States Constitution.

Secondly, the defendant claims that the legislation is an arbitrary classification which denies equal protection of the laws because New York’s Class A drug offenses are punished more severely than Class A drug offenses in other jurisdictions.

The court finds that the severity of punishment for Class A drug felonies is fair and equitable in that to their minds, Class A drug felonies “represent a most serious and constant threat to our society.” They go on to cite that drug trafficking and its consequences are one of the foremost problems in the minds of all citizens. The contention that other more serious and violent crimes are dealt with less severely than Class A drug felonies is an argument that begs question before the Court. The court considers street level drug deals to be but one phase in a larger scale of criminal activity.

They contend that the nature of drug possession and trafficking is that it does not stop with the street sale of a drug but continues as new persons become addicted. The addicts then commit other crimes and victimize other people to supply their habits. The justices point out that there was substantial support prior to the current legislation to make the sale of any narcotics, hallucinogenics or amphetamines a life sentence without parole.

The conviction is upheld and the defendant’s motion is denied in its entirety.

Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide skilled legal counsel who can help. Whether you have been charged with a drug crime, sex crimes, or a theft offense, we will ensure that your rights are protected. Criminal law Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are defended to protect your rights.

Stephen Bilkis & Associates has convenient offices throughout the New York Metropolitan area including other areas of New York. We can provide you with advice to guide you through difficult situations. You and your loved ones will need advice following such a frightening experience. Let us help you to recover from the devastation that has befallen your family. If you are ever arrested for a drug related crime, we are here to help.

On April 20, 2007, an undercover police officer in a bar in Westhampton Beach in Suffolk County observed a suspect hand a knotted clear plastic bag containing a white powdery substance to another person and in return he was given cash money. They then separated and left the bar. Since the officer had witnessed the sale of the suspected narcotic, he had other officers stop the truck of the buyer and they recovered the drugs which proved under testing to be cocaine. The buyer was arrested for cocaine possession, according to a New York Drug Crime Lawyer.

The buyer then agreed to testify against the seller. Around two hours later, the seller was arrested. At the time of his arrest, he was not in possession of cocaine or any other drugs. The seller was arrested and charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. In return for his testimony against the seller, the buyer’s criminal charges were dismissed.

Prior to court, the prosecutor asked the judge if he could get permission to ask the buyer on the stand in court if he had purchased drugs from that seller in the past. He argued that since he had been a regular customer of the seller that it would clear up any questions as to the “absence of mistake.” In other words, it would ensure that the defense could not say that the buyer was mistaken about the identity of the person who had sold him the drugs, explained a Queens Drug Possession Lawyer. If the buyer knew the seller, there is no “absence of mistake.” The defense counsel opposed the motion. He claimed that the seller was not going to claim that the buyer had made a mistake about naming him, but that the buyer was simply lying and that he had never sold the man drugs in the first place.

A New York Criminal Lawyer explained that the judge originally told the prosecutor that he would not be allowed to ask the buyer any questions about previous sales. However, he told both lawyers that it was possible that additional testimony could change that ruling. In court the following date, the defense attorney questioned the buyer about his knowledge of the severity of the charges. The prosecutor again made the motion to bring in the prior sales stating that the defense attorney had opened the door to that line of questioning. Consequently, the buyer admitted to purchasing drugs from the seller on at least ten prior occasions.

The court found him guilty and he appealed. On appeal the Supreme Court reversed the decision on a matter of law since the prior transaction testimony served no purpose and was prejudicial. A new trial was ordered.

A Nassau County Drug Possession Lawyer can explain that issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we have a complete legal team to serve you. Our legal counsel will stand by you and ensure that your rights are protected. Our legal team can argue your side and make sure that you and your loved ones are considered. We make sure that you are defended to protect your rights.

Stephen Bilkis & Associates with its Criminal law Lawyers has convenient offices throughout the New York Metropolitan area including other areas of New York. Our Drug Crime Attorneys can provide you with advice to guide you through difficult situations. Without skilled counsel you could lose precious compensation to help with your defense. You and your loved ones will need advice following such a frightening experience. This is true even if the attorney for the other side has not adequately made their case. Let us help you to recover from the devastation that has befallen your family. If you are ever arrested for a drug related crime, we are here to help.

Rape cases are very sensitive and contain intricate in details. It requires a lot of evidence and consistency in the chain of events involved in the case. This goes the same for this case against Santos Quinto who was accused of raping a 19 year old who eventually got pregnant. The victim said that she first had sex with her full consent with her high school classmate in November 8, 2002. But after five years, when she was 19 years old already, she filed another police report that her step grandfather who is the accused mentioned was the one who raped her.

She explained to a New York Criminal Lawyer that it happened three times way back in 2002 but the problem arises with her decision to have not reported it when the crime was still fresh then. Even if this delay was questioned, such extension is still permitted in some circumstances especially for some sex crimes that are made to innocent children. A medical report that the victim went through revealed that she was pregnant.

According to the police and Suffolk County Criminal Lawyer who questioned her, her first statement stated that she had sex with her classmate and that she just said she was raped because she was afraid that her parents might get angry. At that time, the case came to a close. But by 2007, when she turned 19, she reported that it was her stepgrandfather who raped her for three consecutive times on different dates within the year of 2002. She recalled the story that it happened when she used to live with her grandma and cousins. She was abused three times inside of their own home.

She also confessed that she told her grandmother but she refused to believe her. She did not say anything about the incident when she learned that she was pregnant because the old man threatened her. In such cases of sex crimes extension of time frame is allowed considering that the child is not yet on the mature state of mind if she is younger than 18. Hence, the court can wait up until five years which is applicable with this particular case.

It can be really sad that sex crimes of today revolve around incest. It is devastating to find out that the more responsible family members are the ones who actually abuse the little ones in the family. So the court fully understands how threatened such victims are especially when their abusers are coming from their own familial relations. And if the consensual sex between her and the classmate was really true, it still cannot be deemed as a criminal offense under the Penal Law. One thing is true with this case report. It is important that the one accused should be punished accordingly.

It is not good news to hear that there are families who suffer from such troubles. But in case your very own is going through the same ordeal or you know someone else’s family who does, then do not hesitate to seek the complete assistance of Stephen Bilkis & Associates. You can be assured that your rights will be protected and your case will receive the attention it deserves.

James Taylor was 21 when he broke into a New Rochelle home on May 2, 1975. Assisted by three other men, Taylor entered the home of a suspected drug dealer with the intention of stealing money from the residents. Asleep in the home were the alleged drug dealer’s wife and three daughters, who were aged two, five and seven. According to a New York Criminal Lawyer, the four men, who were armed and wearing masks, demanded money from the wife and threatened to kill the children when she stated she had none. After she repeated her claim that there was no money to steal, the men threatened to kidnap the youngest daughter and hold her for ransom.

One of the men took the girls’ mother into a bathroom just off the master bedroom and closed the door. While holding a gun to her head he told her he would kill her if she didn’t reveal where they hid their money. She was then tied, bound and locked in a closet. When she escaped, the men were gone, along with her two-year-old daughter. She called police, who arrived on the scene. An officer noticed a blue Datsun in the area, which was occupied by Taylor, another man and a little girl. Police attempted to stop the vehicle, which lead to a high-speed chase. Finally, the car collided with a light pole, allowing police to rescue the child and apprehend Mr. Taylor and the other man.

At a non-jury trial, Mr. Taylor was convicted of first degree kidnapping, first degree robbery, criminal possession of a weapon in the third degree and first degree burglary. He was sentenced to 20 years to life. In November 1995, Mr. Taylor was paroled and as a condition of his release, required to register as a Level Three sex offender. At a redetermination hearing held in 2005, a Westchester County Court found that the Sex Offender Registration Act was unconstitutional in Mr. Taylor’s case and that he was not subject to its requirements. In April 2007, the court’s decision was reversed on appeal and a new hearing requested. The case was then forwarded to the Westchester County Supreme Court.

On April 22, 2008, Mr. Taylor was served with a new risk assessment document by the prosecution. In May 2008, Mr. Taylor filed a motion to dismiss the proceeding on the grounds that the Sex Offender Registration Act (SORA) was unconstitutional and that being forced to register as a sex offender would be a violation of his rights. The court denied the motion in August 2008 and a new classification hearing was held in February 2009. At that time, the prosecution recommended a Level Three classification and Mr. Taylor’s criminal defense attorney again objected on the grounds that he never committed any sexual abuse or other sex crimes.
In considering his argument, the courted noted that in People v. Knox, the Court of Appeals found that requiring someone to register as a sex offender for committing a crime requiring registration is not a constitutional violation even when there is no evidence to suggest that a sex crime occurred. The Westchester County Supreme Court then considered the risk assessment used to classify sex offenders, which is based on a points system. In Mr. Taylor’s case, he received 30 points based on the victim’s age and 20 points for the fact that he was previously unknown to her. The court noted that 50 points was more than sufficient to classify Mr. Taylor as a Level One sex offender.

The court then determined that 30 points should be assessed because Mr. Taylor and the other robbers were armed at the time the kidnapping occurred. Mr. Taylor’s defense attorney then questioned the mother’s testimony, arguing that it was unclear to her whether his client actually had a gun in his possession. Upon reviewing the grand jury minutes, the court found that this claim was without merit and that the additional 30 points were justified.

Next, the court was asked to consider whether 15 points should be awarded for Mr. Taylor’s prior criminal history. In November 1971, he was adjudicated as a youthful offender after pleading guilty to a non-violent felony. The court held that under state guidelines, juvenile crimes and youthful offender adjudications held equal weight in determining risk. Accordingly, another 15 points was assessed against Mr. Taylor.

The court then had to determine whether 15 points should be added for Mr. Taylor’s prior history of drug and alcohol abuse. In the early 1970s, he attended multiple drug and alcohol treatment programs, including a methadone maintenance program. In 1974, drug treatment was lifted as a condition of his probation. Mr. Taylor claimed that no points should be awarded since he was not using drugs or alcohol at the time the robbery occurred. After considering Mr. Taylor’s prior treatment record and his statements regarding his current lack of drug or alcohol use, the court found that no points were merited in this category.

According to a Westchester County Criminal Lawyer, the prosecution also requested that 10 points should be given based on evidence that Mr. Taylor did not accept full responsibility for his criminal actions. Mr. Taylor challenged this claim, stating that he never denied committing the robbery or kidnapping. He also asserted that he acknowledged his guilt before a judge in March 2005. The court found that the prosecution’s arguments were unmerited and that Mr. Taylor had made sufficient efforts to accept responsibility for his crimes.

Finally, the court had to consider whether 10 points should be added based on Mr. Taylor’s behavior while incarcerated and after his release. The prosecution provided evidence of multiple violations that occurred while he was in prison, including five Tier II violations. Mr. Taylor argued that he never had any Tier III violations and that the infractions that occurred did not involve violence or sexual acts. He also argued that since the Parole Board granted his release at his first parole hearing, this should serve as evidence of a lack of any behavioral problems. The court agreed with Mr. Taylor’s arguments and found no evidence which would merit the awarding of additional points in this category.

In total, Mr. Taylor received 95 points, which would qualify him as a Level Two offender. The prosecution sought to increase this to Level Three while Mr. Taylor sought to reduce it to Level One. Specifically, he argues that he never committed any crime that involved inappropriate sexual contact with a minor and that since his release he has made every attempt to live within the confines of the law. In sum, Mr. Taylor claims that he is no longer a threat to anyone and that a lower classification is appropriate.

After reviewing the claims of both parties, the court held that Mr. Taylor’s classification should be downgraded to a Level One offender. The court based its decision on the facts of the case and on the fact that his behavior since being paroled did not demonstrate any potential risk to society.

Mr. Taylor’s New York legal counsel continued to work diligently on his behalf long after his sentence was complete. Without his help, Mr. Taylor’s classification as a sex offender may not have been downgraded to a more appropriate level.

In cases involving sex offenses, it’s important to have an experienced criminal defense lawyer on your side. The law firm of Stephen Bilkis and Associates is committed to aggressively defending the rights of clients who’ve been charged with rape, sodomy, sexual abuse and other sex offenses.

If you or a loved one has been arrested for a sex crime, you need to call 1-800-NY-NY-LAW to discuss your case. Help is also available by visiting one of our New York area offices. Don’t let a conviction for a sex crime ruin your life. Get the experienced legal representation you need to protect your rights by calling Stephen Bilkis and Associates today.

According to a New York Criminal Lawyer,Jason Garren plead guilty to numerous counts involving possession of child pornography. Specifically, his plea agreement included five counts of possessing a sexual performance by a child and four counts of promoting a sexual performance by a child. The Broome County Court sentenced him to six months in jail and a probationary term of ten years. He was also required to register as a sex offender upon his release.

After leaving jail, Mr. Garren failed to register as required by the Sex Offender Registration Act. He was then charged probation violation for failing to comply with this requirement. Mr. Garren plead guilty to the charge and as such his probation was revoked. He was then sentenced to a prison term of 1 1/3 to 4 years for each count of the original indictment, with the sentences ordered to run concurrently.

Mr. Garren appealed the conviction but his criminal defense attorney made an application to withdraw from the case. Specifically, he argued that no new issues existed to be raised on appeal. The appellate court, however, disagreed and found that Mr. Garren’s arguments had merit on at least one point in regard to the severity of the sentence he received. The appellate court granted the defense attorney’s request to withdraw and required new counsel to be assigned to the case.

Despite the fact that Mr. Garren’s New York Criminal Lawyer chose to withdraw from the case, the appellate court found some legal basis for his claims. Hopefully, his new defense counsel will work aggressively on his behalf to defend his rights.

If you or someone you love has been charged with possession of child pornography or other inappropriate sex offenses, finding the right criminal defense attorney should be your top priority. The law firm of Stephen Bilkis and Associates specializes in representing criminal defendants in the New York area who are facing sex crime charges. Their experienced criminal defense team is available by phone at 1-800-NY-NY-LAW or in person at one of the firm’s numerous New York area offices. Don’t hesitate to contact Stephen Bilkis and Associates today to get the legal representation you need to get the best resolution possible in your case.

A 25-year old mother was indicted and convicted of a drug crime after trial of the sale of cocaine, which is considered a class A-I felony to an undercover police officer. According to sources, in a location known for rampant cocaine possession, the mother sold the undercover officer 214 vials of cocaine for $2,000 and promised to "take care of" him "the next time" he came. At the time of the sale she was 17 years old.

According to a New York Criminal Lawyer, under criminal laws, conviction of a class A-I felony carries a mandatory indeterminate prison sentence, the minimum of which is not less than 15 years and not more than 25 years, the maximum of which is life imprisonment. The trial court, however, determined that in this drug case, imposing even the minimum mandatory sentence of 15 years to life would constitute cruel and unusual punishment. Accordingly, the trial court imposed an indeterminate sentence of eight years to life imprisonment. A divided appellate court affirmed. The judges who the dissented voted to reverse the sentence and remand the case to Supreme Court for resentencing in compliance with the Penal Law's mandatory sentencing provisions for an A-I felony conviction. The State appealed.

On further appeal, the court pointed out that courts have upheld the facial and validity of the mandatory maximum life imprisonment sentence and various mandatory minimum prison sentences as against challenges under the cruel and unusual punishment prohibitions of the State and Federal Constitutions. The court, in many cases, adopted the principle that a sentence may constitute cruel and unusual punishment by being " 'cruelly' excessive, that is, grossly disproportionate to the crime for which it is exacted."

In assessing the proportionality of the mandatory sentences, the courts take into consideration the following factors: (1) the gravity of the offense, primarily in terms of the harm it causes society, but also in comparison with punishments imposed for other crimes in the State of New York as well as with punishments for the same or similar crimes in other jurisdictions; and (2) the character of the offender and the gravity of the threat he or she poses to society.

In this case, the court held that the constitutional prohibitions against cruel and unusual punishments were not transgressed on the record and facts of the case.

The court also examined the extent of the mother's culpability and the threat she poses to society and determined that the accused cannot be considered an "accidental" offender of marijuana posession. The trial court noted that the accused understood well what she was involved in." Here, the sale of 214 vials of cocaine for $2,000 was, at the very least, at a high level of culpability and risk to society. The court further noted that the accused has elected to personally sell a requested significant quantity of drugs at the wholesale level.

Drug addiction is a rampant problem in society and affects everyone. Being involved in a lawsuit arising from this crime is difficult. But whether you are charged with a drug crime, criminal tresspass, domestic violence, or a DWI, it is important to ensure that your rights are protected. Qualified legal counsel from Stephen Bilkis and Associates will stand by you and help see you through your case. Our team can argue your side and make sure that you and your loved ones are compensated.

Stephen Bilkis & Associates has offices throughout the New York Metropolitan. Our team can provide you with advice to guide you through your difficult situations. Without the assistance of an attorney, you may lose your rights which may cost you a significant amount of money.

Stephen Bilkis and Associates will also recommend Substance Abuse Lawyers who will help you.

In 1985, Juan Santos was convicted of one count of first degree rape, one count of second degree rape, four counts of first degree sodomy and four counts of second degree sodomy. The charges stemmed from claims brought by Mr. Santos’ two stepdaughters, who claimed that he forcibly raped and sodomized them on multiple occasions. Following his conviction, he was sentenced to a combined term of 25 to 50 years.

Mr. Santos’ criminal defense attorney filed a motion to set aside the verdict and this request was granted in 1991. The New York County Supreme Court was unable to determine why the conviction was overturned but the prosecutor in the case claimed they had arranged a plea agreement in which Mr. Santos would plead guilty to one count of first degree rape. In exchange, he received a sentence of 5 to 15 years, according to a New York Criminal Lawyer.

In September 2008, the court received a letter from the New York Board of Examiners of Sex Offenders concerning Mr. Santos’ risk level. The person who drafted the letter, Board Examiner Floyd Epps, stated that Mr. Santos had raped, sodomized, sexually abused and threatened the two victims over a period of several years. The letter also indicated that Mr. Santos claimed the charges were false and that his wife had encouraged the two girls to make up the story because she was angry that he was having an affair. In addition, Mr. Santos has denied committed the sex crimes he was charged with.

According to a Nassau County Criminal Lawyer, Mr. Santos was released on parole in May 1994 and in January 1997, returned to prison because of a violation. He was released again in April 1997 and incarcerated again in 2003 because of another violation. In 2004, he was released again and his supervision period ended. At the time of his initial parole, he was classified as a Level Three sex offender. Following his last release from prison, he earned both a bachelors and master’s degree and refrained from engaging in criminal activities. Based on these facts, Mr. Santos filed a motion to have his sex offender status downgraded to a level two classification.

The court ordered the prosecution to prepare a new risk assessment evaluation to detemine Mr. Santos’ threat level. This document assigns a specific number of points to certain factors which when combined, provide a score which is used to assess the potential for future reoffense. After completing the new assessment, Mr. Santos’ score was determined to be 115, which was five points over the minimum score required for a Level Three classification. Based on this result, he then filed a motion to have his risk level downgraded to Level Two, citing the positive changes in his lifestyle following his release from prison. Both the prosecutor and the Board of Examiners opposed this motion.

The New York County Supreme Court was charged with determining whether to grant Mr. Santos’ request. Specifically, the court looked at the guidelines created by the Sex Offender Registration Act and the factors incorporated as part of the risk assessment document. Individuals with a score of 0 to 70 are classified as Level One offenders; a score of 75 to 105 points leads to a Level Two classification; and Level 3 offenders have a score of 110 to 300 points. The higher the score, the greater the perceived risk that a sex offender will commit subsequent sex crimes. Mr. Santos’ criminal defense attorney did not challenge the validity of the risk assessment toll but merely questioned whether the scoring system had certain limitations that should be considered in determining whether to upgrade or downgrade an offender.

The court acknowledged that Mr. Santos’ score was based on both objective and subjective determinations, rather than a psychiatric evaluation. The court also noted that the points designated for each factor, including the use of violence, the age of the victim and the type of contact involved, did not appear to have any actuarial basis. Furthermore, the court found that the factors used to calculate risk level were seemingly arbitrary in some circumstances and that the timing of an offense could cause the score to increase dramatically. Finally, the court held that the risk assessment tool was outdated and failed to account for new scientific research findings regarding sex offender recidivism rates and risk factors. However, the court is generally not allowed to depart from the findings of the risk assessment tool unless certain aggravating or mitigating circumstances are present.

In Mr. Santos’ case, the court held that downgrading his classification to a Level Two offender was justified based on his actions after his final stay in prison in 2004. The court argued that there was clear and convincing evidence of his reduced threat level which support the change in status, despite the score determined by the risk assessment tool. The court did agree that Mr. Santos’ failure to acknowledge guilt for his crimes should be counted against him in calculating his risk score but that that fact alone did not support the Level Three classification. The court also acknowledged that Mr. Santos had not been a model citizen after his 1994 release and that the fact that there was no evidence of unlawful sexual contact with a minor did not mean that these types of offenses had not occurred during that period. However, based on the perceived recidivism risk, the court supported his status being downgraded to Level Two.

Being labeled a sex offender can have serious and long-lasting repercussions and make it difficult to become a productive member of society. Fortunately, Mr. Santos was able to move in a more positive direction after his release from prison, which merited the change in his sex offender status.

If you or a loved one is battling a sex crimes charge, you need the aid of an experienced legal counsel to protect your rights. The law office Stephen Bilkis and Associates is available to assist criminal defendants in the New York area who are charged with rape, sodomy, sexual abuse and other types of unlawful sexual contact. Call 1-800-NY-NY-LAW today to get the legal help you need. You can also discuss your case in person by visiting one of the firm’s New York are offices. Don’t hesitate to contact Stephen Bilkis and Associates today to get the help you need to fight a sex crime charge.

In August 2002, Justin Palmer was accused of sexually molesting a 15-year-old girl in Florida. Five months later, he participated in an armed robbery of another Florida home. He pled guilty to both crimes and was sentenced to five years in prison. According to a New York Criminal Lawyer, after being released, he moved to Green County, New York. The Board of Examiners of Sex Offenders completed a risk assessment which classified Mr. Palmer as a Level One offender.

The prosecutor later argued that the Board failed to assign an additional 30 points based on Mr. Palmer’s conviction for the home 2003 home invasion. County Court determined that the robbery, while not a prior crime, should still be considered as an aggravating factor which would justify upgrading Mr. Palmer’s classification to a Level Two offender. Mr. Palmer subsequently appealed this decision to the New York Supreme Court Appellate Division, Third Department.

Specifically, Mr. Palmer argued that the prosecution failed to provide him and the County Court with the required 10-day written notice of their intent to seek a new offender classification. The court noted that this issue was never raised in County Court and therefore not subject to review. The appellate court also held that Mr. Palmer’s argument was without merit since the court record demonstrated that the he was well aware of what the prosecution was attempting to do with regard to upgrading his classification status. Therefore, his claim that his due process rights were violated was unfounded.

Furthermore, the court found that the County Court’s decision to upgrade his classification to level two was within its scope of discretion. The decision was based on Mr. Palmer’s home invasion conviction, which occurred after the alleged sexual abuse of the minor girl. The circumstances of the home invasion, including the use of violence, were aggravating factors which would support an upgraded classification. Accordingly, the appellate court chose to affirm the Mr. Palmer’s Level Two offender status.

Unfortunately, Mr. Palmer’s New York criminal defense attorney was unable to persuade the court that the upgraded classification was unwarranted. His new status could potentially make it difficult to find employment and become a productive member of the community.

If you or a loved one has been charged with sex crimes, you need to hire an experienced criminal defense lawyer to act as your advocate. The law firm of Stephen Bilkis and Associates specializes in defending individuals charged with sexual abuse, rape and other sex crimes in the New York area. Help is available by calling 1-800-NY-NY-LAW or by visiting one of the firm’s many office locations. A sex crime conviction can have life-altering consequences and severely damage your reputation. Contact Stephen Bilkis and Associates today to get the legal help you need to protect your rights.

Avery Maggio was charged with eight counts involving different sex crimes. According to a New York Criminal Lawyer, the charges were based on claims that he had sexually abused another child who rode the school bus with him on different occasions in 2005, 2006 and 2007. Mr. Maggio was convicted of three counts of committing a criminal sexual act in the first degree and two counts of first degree sexual abuse. He was sentenced to 15 years in prison and subsequently appealed his case to the Supreme Court of New York Appellate Division, Third Department.

The appellate court was charged with determining whether the evidence presented at trial was sufficient to warrant a conviction. Mr. Maggio’s criminal defense attorney argued that while his client admitted engaging in inappropriate sexual contact with a minor child, the evidence did not prove that he ever compelled the victim to participate through verbal or physical force. Under New York Penal Law, forcible compulsion must be considered from the victim’s perspective and weighed against their age, the size and strength of the person perpetrating the sex crimes and their relationship to the victim.

The court noted that Mr. Maggio was four years older than the victim at the time the sex offenses occurred and that the sexual contact began when the victim was only nine. The victim testified that when he was 12, Mr. Maggio had threatened him with physical harm if he did not agree to the sex acts. The victim also said that on another occasion, Mr. Maggio had forced his head down and ordered him to perform oral sex. Mr. Maggio also allegedly grabbed the victim’s testicles, arms, legs and knees on other occasions and threatened to kill both him and his mother if he did not comply.

A New York Criminal Lawyer commented that with regard to Mr. Maggio’s appeal, the court argued that his ability to actually carry out the alleged threats was immaterial. What mattered factually was the victim’s perception of his ability to do so. The court also noted that the jury apparently did not believe Mr. Maggio’s theory that his victim had consented to the forcible sex acts, hence his conviction. Subsequently, the court held that the jury’s determination in finding him guilty of the sex crimes was supported by the evidence. Furthermore, the appellate court found that no error had been committed in allowing evidence to be admitted of Mr. Maggio’s prior uncharged sex crimes or in allowing the testimony of an expert witness knowledgeable about child sexual abuse accommodation syndrome. Accordingly, the court chose to affirm the original conviction and found no grounds for supporting a reduction in the sentence.

While Mr. Maggio’s New York criminal defense attorney worked hard to defend his rights, ultimately, the court could not find sufficient reason to reverse his conviction based on the evidence.

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A 40-year old man was arrested and charged with several drug crimes and violations, including criminal drug possession of a controlled substance, criminal use of drug paraphernalia, unlawful marijuana possession, and unlawful possession of fire works.

The accused, despite the absence of the district attorney, was permitted to enter a plea of the crime of possession of a controlled substance, which is classified as a misdemeanor. A New York Criminal Lawyer reported that the DA argued that he is authorized to exercise his right to proceed for forfeiture asserting that such proceeding can be brought against a person not even charged or convicted of any crime. Thus, the DA said, forfeiture against one convicted of a misdemeanor crime is appropriate.

A review of relevant criminal laws discloses that a forfeiture proceeding may be brought for a "pre-conviction forfeiture crime." The court deduced that the only crime for which a forfeiture may be sought and ordered in advance of a conviction are the felony of criminal marijuana possession in the first degree and the crime of criminal sale of marijuana in the first degree. While the law authorizes the commencement of a forfeiture action before conviction for what are clumsily called "post conviction" forfeiture crimes, which are crimes other than the denominated drug related charges called "pre-conviction forfeiture crimes," the statute nonetheless expressly provides that a court may not grant forfeiture until the conviction has occurred, the court noted.

A New York Criminal Lawyer explained that the court clarified that relevant laws do not authorize even the commencement, much less the conclusion, of a forfeiture proceeding in advance of a conviction for a misdemeanor, not even a drug-related misdemeanor. The court concluded that the DA could not have proceeded against the accused by way of any type of proceeding for the misdemeanor crime to which the accused pleaded guilty: criminal possession of a controlled substance.

If the remedy of forfeiture is a criminal penalty, the court pointed out two serious constitutional questions arising. First, where there has been a conviction for a crime subsequent attempts to seek forfeiture based upon that crime may be barred by the double jeopardy clause of the United States Constitution. Second, as to that part of the statute which permits forfeiture actions based upon drug offenses, the Due Process Clause may be violated because forfeiture can be based upon only a showing of clear and convincing evidence, as opposed to proof beyond a reasonable doubt, that the drug related crime in question was committed.

The court said it supports the ends which forfeiture proceedings seek to accomplish. However, the court said it does not support it with such zeal that time proven constitutional safeguards can be abrogated. Because there exists constitutional deficiences to the forfeiture proceedings, the court said the issue of whether the provisions governing the forfeiture fail to pass muster under tests established in a catena of similar cases must first be determined.

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Almost every New York Criminal Lawyer is aware of the fact that for various sex crimes, sex offenders are set to register for them to be treated properly and also as a way to protect the rest of the citizens of the society. In this particular case to be discussed, there are three accused sex offenders who refuse to register under this legal act. All of them were involved with having committed kidnapping. They insist that their rights have been violated since there were no proofs that they really did it.

The first one accused is defendant #1. She was seen approaching a group of little children in the park and allegedly grabbed an eight year old kid. Her motive was to have a replacement of one of her own kids whom she has lost due to custody. The next one was defendant #2 who allegedly locked his girlfriend who has two little kids in her own apartment. The reason is that he did not want his girlfriend to break up with him. The last one is defendant #3 who employed a prostitute. When his employee decided to quit, he was accused of kidnapping the woman's son so the woman would go back to working for him.

As per the Supreme Court’s judgment, all three should be assisted by a Bronx Criminal Lawyer under the Sex Offender Registration Act. But as already mentioned, they all protested and did not want to succumb to it. The main reason of the three is that they may be guilty of kidnapping but they were never found guilty of sexually abusing the minors they have abducted. But if SORA will be reviewed, it includes unlawful imprisonment and kidnapping in the list of crimes committed.

Once offenders agree to register, they will still be categorized to be of high or moderate level according to the intensity of crimes they have committed. All their information is included upon registration like their photos, addresses, previous employment, and a lot more. However, all of them consistently fight it off that there are no proof to any sexual misconduct for them to be ordered to register under SORA. Yes, such may not be ruled out as per the analysis of a credible New York sex with minor defense lawyer but it does not mean that the court violated their acts and rights.

All three believe that the State did not let them fight for their own rights and that they should not be labeled of committing a crime that they did not really do. They said that they do not want to be known in the society for being child predators when they have not really done any sexual act on the kids they have kidnapped. But the only interest that the Court has is to protect the community from such offenders who can potentially cause harm or danger to such minors even if it did not include sex crimes. Besides, a lot of cases prove that kidnapping most of the time lead to sexually abusing the abductees.

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A jury convicted David L. Perkins of numerous crimes arising out of his conduct in providing alcohol to and engaging in sex acts with his daughter’s teenage friends. County Court had imposed the maximum sentence, an entire sum of 36 years in prison.

According to a New York Criminal Lawyer, Perkins asserted that there was legally insufficient evidence to convict him of sexual abuse because the court had failed to establish that the victim was physically helpless but the court asserted that the victim’s testimony that she blacked out and “was so drunk that she didn’t know what was going on,” was sufficient to establish the presence of physical helplessness.

A Booklyn Criminal Lawyer who witnessed the trial said that each victim testified consistently and with particularity about the sexual acts committed against them by Perkins and to being provided with alcohol at Perkin’s house. The court said that contrary to Perkin’s testimony, the record clearly revealed that the victims were under the age of 17 at the time of the crimes. The court also stressed that although some of the victims could not recall the precise dates or times of the incidents, “any consistencies regarding date and time did not render all of their testimony incredible as a matter of law, and we find no basis upon which to disturb the jury’s resolution of this credibility issues”.

A friend of one of the victims, Nicole Garrison, testified that the victim complained that Perkins had sexually assaulted her the day after the incident occurred and at the victim’s first opportunity. While such out-of-court statements are generally inadmissible to bolster a witness testimony, evidence that a victim of sexual assault promptly complained about the incident is admissible to corroborate the allegation that an assault took place.

Perkins also asserted that his statement to the police, in which he admitted to providing alcohol to his daughter’s friends but denied, having sexual contact with the girls, was involuntarily made and should have been suppressed. The court replied that after Perkins voluntarily went to the police station for questioning, he was advised of his Miranda rights, offered food and drink, and did not request any lawyer or state that he wished to remain silent. He then discussed, without incident of any kind, various allegations of underage drinking in his home and signed the statement.

Upon appeal to the Appellate Division of the Supreme Court, Perkins lawyers find that the County Court erred in imposing consecutive terms upon certain of his convictions. They said that Penal Law provides that concurrent sentences must be imposed “for two or more offenses committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material element of the other”. With respect to the first victim, Perkins was convicted of two counts of sexual misconduct, sodomy in the third degree and rape in the third degree based upon an act of oral sex and sexual intercourse, as well as unlawfully dealing with a child in the first degree (for providing alcohol to the victim) and endangering the welfare of a child (for providing alcohol and subjecting the victim to oral sex and sexual intercourse). The higher court said that these convictions were based on only one act of deviate sexual intercourse, one act of sexual intercourse and one instance of providing alcohol. It stated that the remaining convictions “comprise separate, distinct and independently punishable offenses” and thus, according to a New York Sex Crimes Lawyer, consecutive sentences were warranted.

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In late 2002 and 2003, Phillip Riback, a pediatric neurologist, was charged with two indictments, later consolidated, with 39 criminal counts alleging that he had sex crimes with numerous male patients during medical examinations between 1997 and 2002. After pretrial proceedings in which some counts were dismissed, Phillip Riback went to trial on 30 counts. He was ultimately convicted of 28 counts, 12 felonies and 16 misdemeanors.

A New York Criminal Lawyer who followed the case, said that the convictions stem from the testimony of 14 boys, none of whom knew one another (except two were brothers), whose families consulted defendants for their sons’ various neurological problems. The boys described a variety of conduct that occurred for the most part after their parents complied with Riback’s request that they leave the boys alone with him in the examining room, at which time defendant encouraged them to play a “controlled spitting” game with him, tickled, hugged or kissed them or play-wrestled with them, pushed his erect penis against their bodies, held them upside down by their ankles or had the boys sit or lay on him, during which time Riback’s hands or face came into contact with the boys’ genitals, mostly over clothing (several described defendant’s direct –underneath clothing- contact with their penis), or the boys’ faces were pushed to Riback’s genital area over clothing. The lawyer said that all of the contact occurred in the subterfuge of a medical exam by Riback, often accompanied by warnings not to tell anyone.

Philip Riback’s conduct was first partially revealed in 2002, according to a New York Crimnal Lawyer, when one of the patient made revelations first to his mother and then to the Town of Colonie Police Department and the Department of Health’s Office of Professional Medical Conduct (OPMC), later providing a signed statement to the police recounting the extent of Riback’s sexual contact with him in December 2001, when he was nine years old. After another complaint by another family to OPMC of Riback’s conduct to his patients and came other allegations, Riback was arrested. The arrest was covered by the media and over 100 people contacted the police and 50 were interviewed, which leads to the subject indictment.

Riback did not testify during trial, but pursued the defense theory that any unusual behavior by him during patients’ exam was to create a rapport with-and put at ease-his young patients. Reports gathered stated Riback’s lawyer argued that, only after suggestive and coercive questioning by police and parents were the boys persuaded to interpret his innocent and benign behaviors as having a sexual component, leading to false mistaken accusations. Riback’s lawyers repeatedly emphasized the boys’ lengthy delays in disclosing Ribacks’ conduct and the fact that most of the boys’ disclosures of sexual contact did not occur until after Riback’s initial arrest, in support of its theory that all of the boys’ sexual contact allegations were the product of publicity and suggestive questioning.

Based on the data gathered, Phillip Riback was convicted and was sentenced to an aggregate prison term of 48 years, with five years of postrelease supervision. Riback’s postrial motion to vacate the judgment of conviction was denied without a hearing.

Upon appeal to the Third Department of the Appellate Division of the Supreme Court of New York, where a New York Sex with Minor Defense Lawyer was able to relate, said that Riback’s defense lawyers questions the validity of the judgment rendered and by permission, from an order of the lower court which denied his motion to vacate the judgment of conviction without a hearing of which the Supreme Court replied that the accusations made were supported by the weight of credible evidence by the minors he had molested and the overwhelming evidence of Riback’s culpability. The Supreme Court also held that the “Country Court may have placed undue weight upon Riback’s ill-advised decision to reject the very favorable plea bargain and proceed to trial” and found that the 48 years aggregate was “too extreme a penalty for Riback’s exercise of his constitutional right to jury trial” thus lowering it to 20 years aggregate prison.

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A 37-year old man has been indicted for the drug possession, sale of a controlled substance and other drug related charges. Under the revised criminal laws relating to drug crimes, each of the crime charged is classified as an A--III felony, punishable by an indeterminate term of imprisonment, the minimum period of which, for a first offender, is from one to eight and one-third years, and the maximum of which is life imprisonment.

The accused demanded for the dismissal of his indictment based on constitutional grounds. The accused specifically assailed the validity of certain criminal laws on the ground that these provisions do violence to his due process and equal protection rights and that they are inconsistent with the prohibition against cruel and unusual punishment under the Federal and New York Constitutions.

According to the court, the gist of the accused's cruel and unusual punishment claim is that the penalty which has been legislatively imposed and must be judicially imposed, if there is a conviction, is too harsh for the alleged drug crimes. The accused argued that the quantities of heroin involved here are minute and that the entire amount of his gain from each of the transactions with which he is charged was $60.

A New York Criminal Lawyer said, the court, applying several tests, concluded that the maximum sentence of life imprisonment which the accused will be confronted with, if convicted, is neither so inherently severe nor excessive as to violate the Eighth Amendment. The sentence affords an offender the opportunity to minimize his term of imprisonment by rehabilitating himself to the point that the parole board, in the exercise of discretion, permits him to serve a part of that term outside of the prison walls. In this regard, the fact that an offender sentenced under the penalty provisions attacked by the accused must serve the minimum term imposed, before release on parole becomes a possibility, does not give rise to a valid Eighth Amendment claim.

Secondly, the court said the indeterminate sentence of imprisonment prescribed by statute for the A--III felonies of which the accused stands accused may not be said to have been imposed arbitrarily by the Legislature within the meaning of the constitutional prohibition which comes into play here. For years, the evils of drug abuse and narcotics traffic have occasioned the grave concern of government.

A New York Criminal Lawyer commented that the very drug crime classification and sentencing provisions which the accused so stridently objects to reflect no more than a legislative awareness that earlier and less stringment measures had failed to deter illicit drug traffic and the heinous crimes that it spawns.

The mere fact that, in beefing up the penalties for violation of the narcotics laws, the Legislature allowed more lenient sentences for offenses deemed by some to represent a greater evil, does not convert the penalties under fire in this case into cruel and inhuman punishments, the court concluded.

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These days, it is very hard to trust others especially when it comes to leaving our kids with people who you can truly rely on. There are many cases these days where nannies and even babysitters are accused of committing sex crimes that involve the children of their own employers according to a New York Criminal Lawyer. This goes the same for this case that is considered as an example here in this report for you to understand better the legal proceedings for such cases. The one involved here as the accused is James Watt.

Watt was convicted of rape, sodomy and for putting into danger the welfare of a little child. The crimes involved in his case are considered very heinous since it was committed against innocent and helpless tiny girls who are under 11 years old. These kids according to their parents were entrusted to him since he operates a basement based daycare center in the community. The problem that made everything worse because the daycare center was not registered.

All of the kids involved as victims gave their testimonies in detail even if it was really heinously specific in detail. A Brooklyn Criminal Lawyer backed this all up with formal medical evidence from experts done through proper medical examinations of the children. Many of them already showed suffering from diseases which are sexually transmitted. It was actually very sensitive to discuss but this could be a true learning experience for many and how they would be able to protect their children. The total number of crimes that was perpetrated against him includes twelve kids. This of course means that this case should be well investigated and be well prepared.

To add more formality and technicality on the investigation of this particular sex crime, the court got the service of a master psychologist by the name of Eileen Treacy. She is an expert in handling the sex crimes with kids. She interviewed seven of the kid victims and the result of her analysis led to the conviction of Watt being guilty of the crime. According to a New York sex with minor defense lawyer the reports were all asked to be gathered and presented to the court.

In the end, what was most important for the court is to offer utmost protection to the innocent victims of Watt. All of them have gone through so much trauma and abuse that this could bring negative effects to how they will handle the future ahead of them. And it is important that such a crime should not just go unpunished. It is also such a weak reason to use that he should not be convicted just because no one can say the exact dates of the sex crime and abuse that were committed. And hence, the Court made the right decision to convict and punish such a person as James Watt for pretending to love and care for kids just so he can take advantage of sexually abusing them.

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There are many sex crimes these days that are discovered by a New York Criminal Lawyer to have been caused by mental health or abnormality. Aside from SORA there is also the SOMTA or what is called as the Sex Offender Management and Treatment Act which deals with sex crimes that involve the Mental Hygiene Law. In this particular case, the defendant is convicted of promoting prostitution, kidnapping and also bail jumping. He was given the charge of 9 to 18 years for kidnapping, 4 to 8 years for the kidnapping, and 3 to 6 years for the bail jumping.

Nelson forced his victim and raped her over and over again. He even forced her to be a prostitute and even physically beat her including the involvement of drugs. He was a detained sex offender who was found out to have been suffering from some kind of mental abnormality. According to a New York law as discussed by a Bronx Criminal Lawyer describes SOMTA as crimes that are sexually motivated.

Hence, it is the court’s decision to find out if the previous sex crimes committed by an accused person are motivated by a mental abnormality that is driven with the need for sex. All these should go through the proper criminal proceeding to make it very fair and carry out justice pretty well. Such acts like SOMTA are meant to protect the society from the danger of these free roaming sex offenders. It is only through the programs for treatment and proper management to help the accused to recover and have a bright future and at the same time to protect the citizens of the society.

The goals of the court to let such sex offenders like Nelson to go through such programs include proper management of their unstable behavior. But one must expect that such treatment will surely come as strict and well supervised. It may even go as worst as leading to a lifetime confinement. In Nelson’s case, it has been well proven that his crimes were sexually motivated. What Nelson fights for is that he does not deserve the stigma that registering to such SOMTA would cause his own credibility.

Such mental health treatment should not be considered as a punishment but instead as a treatment process so as to help the sex offender suffering from a mental abnormality to still get to recover as fast as they can. What Nelson did to his victim was too heinous that he took advantage of the rights of another and even abused it extremely. The mechanism used was truly excessive and up to the extreme. It is just logical that the court would capture offenders like Nelson so that the number of such crimes committed would surely be lessened.

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According to a New York Criminal Lawyer, in July of 1974, a man who pleaded guilty for sale prohibited drugs was charged of life imprisonment with no possibility of probation and lifetime parole. According to reports, this rule was first given the highest force of law in United States in 1910 which during that time was considered to be fair and just, but does it follow that what was fair and just 70 or more years ago applies now.

Based on reports, of all the class A felonies such as arson, kidnapping, murder, only the narcotics possession and sale offenses are prohibited from being reduced by plea bargaining. Thus, a person who kills intentionally, who causes serious physical injury in the course of a robbery, who rapes a child, who blows up an occupied building, faces a maximum term of 25 years, or a maximum of 30 years for a series of such acts before being imprisoned on any one of them. Although imprisonment is mandatory, no minimum term may be imposed unless the court gives reasons for concluding that the best interest of the public requires it because of the nature and circumstances of the crime and of the history and character of the defendant.

A New York Criminal Lawyer revealed that a man charged of cocaine possession will not remain on parole for the rest of his life, nor will he be denied the opportunity to engage in plea bargaining. Crack possession is considered to be worse than a person who kills intentionally, who causes serious physical injury in the course of a robbery, who rapes a child, who blows up an occupied building,whether he sells a bag of heroin for profit or to support his own addiction or whether he gives away a 'fix' to a desperately sick friend suffering from withdrawal pains (where the consequences to the 'victim' and to society are minimal, by any scale of values), the mandatory maximum penalty of life remains the same.

The NY Law dictates that drug posession crimes must be punished much more severely than the armed robber who shoots his victim and the multiple rapists. He must be punished as severely as the most heinous murderers, kidnappers, and arsonists, and more severely than many of them. He is even denied the privileges accorded to all other criminal defendants, including multiple and persistent felony offenders, of plea bargaining and of judicial discretion in setting the maximum term in accordance with the nature and circumstances of the particular criminal conduct involved and with the history and character of the defendant.The Court is not allowed to consider the status of the buyer, whether addict or non-addict. Nor may it consider the qualities of the offender, whether young or old, family man or not high or low rehabilitative potential, value or potential value to society. In all cases there is a mandatory maximum of life imprisonment.

In the opinion of the Court, no view of the dangerousness of narcotics to persons or society can justify such disproportionate punishment. It seems incomprehensible to the Court that a man involved in the sale of narcotics at the four corners in Rochester, may be prosecuted in Federal Court one block to the north, and may under Federal Law receive a probationary sentence but if he is prosecuted in this Court, one block to the south, he must receive a mandatory maximum of life imprisonment.

Therefore, what constitutional punishment should be imposed? The present law was enacted and became effective September 1, 1973. By reason of this decision the Court reinstitutes the law prior to that time and reclassifies the crime as a Class C felony. The defendant, following completion of his presentence investigation, will be sentenced thereunder but didn’t the court matured?

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On October 16, 1974, the Albany County Court in People v. Hollingsworth had an occasion to rule on the constitutionality of the penalty imposed by the Drug Law of 1973. The said law imposes a mandatory penalty of life imprisonment on certain drug crimes, making the penalty equivalent to that of heinous crimes, such as kidnapping or murder.

In the said case, the defendant was charged with the criminal sale of a controlled substance in the third degree. Prior to trial, the defendant sought the dismissal of the case because, according to him, the law infringes on his constitutional right to be free from cruel and unusual punishment, among others. He anchored his claim on the decision of the Monroe County Court in People v. Mosley, where it was held that certain provisions of the Drug Law is unconstitutional for being a cruel and unusual punishment.

In drug possession cases, it must be noted that the standard by which the court must determine whether a particular punishment is cruel and unusual, and hence violative of the Constitutions, is the modern concept of cruelty and unusualness prevailing in society at the time the question is raised.

In People v. Mosley, the Court held that the sale of a drug is not a violent act and the sale itself does not present a danger to the user or to the society. However, in this case of People v. Hollingsworth, the Court gave a different opinion. It was stated that one does not have to look very far to find the broken lives caused by drug abuse nor does one have to possess the logical ability of an Einstein to perceive the causal connection between rampant drug abuse in this State and Country and a major percentage of the number of crimes of violence, causing destruction to life and property. All of this is precipitated by the drug dealer. The sale of illicit drugs is potentially as dangerous as any crime of violence to person or property or, even more so, since the seller not only ruins the life of the purchaser but also the many innocent people whose property and lives are taken and victimized by the addict.

Moreover, a State statute cannot be deemed unconstitutional simply because there is a disagreement between the Courts and the State Legislature as to the best way to deal with convicted drug sellers. The principle well entrenched in our law is that the judiciary may not substitute its judgment and discretion for the judgment of the Legislature. It is the Legislature which has the power to fix the penalty for crimes, and just because the penalty imposed for certain drug crimes is severe, does not mean that there is a violation of the Constitutions.

While the Court in People v. Hollingsworth upheld the constitutionality of the Drug Law, it nevertheless expressed its disapproval on the method of dealing with drug crimes because the law removes the flexibility which is necessary for imposing just sentences. To reconcile the problem, the Court called upon the Legislature to re-evaluate its position and maintain the present maximum sentence for such crimes, while at the same time remove the mandatory provisions of the statute. This method would allow the individual sentencing Judge to duly function as a Judge and to make the determination as to what is best for society and the individual, based upon the facts of the particular case.

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Sexual abuse can be everywhere, it might be occurring in our own home. According to a New York Criminal Lawyer, on September 5, 1995, the defendant was convicted by the County Court of crimes of sexual abuse and endangering the welfare of a child. During trial, the 13-year-old victim testified that prior to the commission of the crimes, the defendant, a 31-year-old live in companion of the victim’s aunt, told her that he wanted to rape her and have a baby with her. She further testified that he threatened to kill her whole family if she revealed his feelings about her to anyone. The victim indicated that she believed these threats and, for that reason, did not immediately report the crimes.

Based on the New York Sex Crime Lawyer, the defendant' initial argument on his appeal was that the jury’s verdict finding him guilty of two counts of the crime of sexual abuse is not supported by legally sufficient evidence in that there is no proof of forcible compulsion. As relevant here, ‘Forcible Compulsion’ means to compel by either use of physical force; or a threat, express or implied, which places a person in fear of immediate death or physical injury to herself or another person. The higher court held that given the victim’s young age and the defendant's dominance over her by reason of his age and relationship with her aunt, the jury could have reasonably inferred that he accomplished the sexual contact through the use of threats that placed the victim in fear of immediate death or physical injury to herself or members of her family.

Another argument that Archer had pointed out was that he was discriminated by the admission of evidence regarding prior bad acts of sexual nature that he purportedly perpetrated upon the victim. Generally, a Long Island Criminal Lawyer said, such evidence may not be offered to show the defendant's bad character or his inclination toward crime but may be admitted if the acts help establish some element of the crime under investigation. This exception was said to be applicable in this case since the challenged testimony was admitted to establish that he engaged in a course of conduct that was likely to be injurious to the physical or moral of the victim, an essential element of the crime of endangering the welfare of a child that was charged in two counts of indictment.

The trial panel produced a psychotherapist who presented testimony pertaining to child sex abuse syndrome. He said that the Supreme Court have held such testimony admissible provided it is limited to explaining behavior that might appear unusual to a lay juror and is not used to show that the alleged victim’s behavior was consistent with patterns of behavior exhibited by victims of proven sexual abuse. The Court held that, the prosecutor posed a hypothetical question to the expert that subsumed the evidence in this case and asked if the hypothetical victim’s behavior was unusual with respect to child sex abuse syndrome. Further, the lower court gave limiting instructions in its charge that the expert could not render an opinion on the issue of whether the victim was sexually abused.

Upon the defendant's conviction of two counts of sexual abuse in the first degree, he was sentenced to consecutive indeterminate terms of imprisonment of 2 to 7 years. Taking into account his previous conviction of a sex-related crime involving this victim and the predatory nature of the crimes that carry a high risk of recidivism, the higher court did not consider the sentence harsh or excessive.

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On September 8, 11 and 12, 1972, an undercover police officer bought cocaine from a man at the Franz Segal Park. The police officer’ back-up team in the area did not actually see the exchange of money for the cocaine. The police officer just showed his back-up team the evidence of the cocaine he bought from the man in the park which was confirmed to be cocaine.

On September 13 and 18, 1972, the defendant again sold cocaine to another undercover police officer at the same area of Franz Segal Park. When the police arrested the defendant in his apartment they discovered marijuana in a bookcase and cocaine hidden inside the inner door of a refrigerator.

The man was charged with selling cocaine on September 8, 11 and 12, 1972. He was charged also for cocaine possession and selling on September 13 and 18, 1972. And he was charged for marijuana possession and cocaine possession for the drugs found in his apartment during his arrest.

During the trial for selling cocaine on September 8, 11 and 12, 1972, the defendant pleaded guilty to the other charges of selling and possession of cocaine and marijuana discovered in his apartment during his arrest on September 22, 1972.

The defendant testified in his own defense. During his cross-examination, the prosecutor asked detailed questions regarding his guilty pleas in the two other cases for criminal selling and possession of cocaine. The questions extensively probed the similarity of the areas; the similarity of the time of day of the sales; and the variety and amount of the cocaine. He was also asked regarding the separate charges for the September 13 and 18, 1972 cocaine possession. The defense counsel objected that the questions were prejudicial to the defendant but the trial judge overruled the objections.

According to a New York Criminal Lawyer, he defendant was convicted by a jury on all three counts of cocaine selling on September 8, 11 and 12, 1972. The defendant appealed on the ground that the cross-examination was improper and prejudicial. The manner of the questioning tended to prove his tendency or propensity to sell drugs.

The Supreme Court of Bronx County agreed: under criminal law, the extensive cross-examination about the other drug cases were improper and highly prejudicial as the questions showed defendant’s propensity of possessing and selling drugs. Cross-examining the defendant on prior criminal acts is permitted but solely to impeach his credibility as a witness. It cannot be used to lead the jury to believe that the prior criminal acts are proof of the commission of the present charges of cocaine and marijuana possession and selling. It cannot be used to show that defendant was a regular trafficker in dangerous drugs.

The defendant’s conviction was overturned and he was granted a new trial.
Losing a loved one and being involved in a lawsuit for their wrongful death is difficult for all. ANew York Drug crime Attorneys will stand by you and help see you through your case. A New York Criminal Lawyer can argue your side and make sure that you and your loved ones are compensated.

Stephen Bilkis & Associates and their skilled legal team has convenient offices throughout the New York Metropolitan area. Whether you have been charged with sex crimes, drug possession or a weapons possession charge, our can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without a New York Drug crime Attorney you may lose your rights which may cost you a significant amount of money.
Please know that in addition to Criminal Law Stephen Bilkis and Associates will recommend New York Criminal Lawyers who will help you.

A Suffolk County man is facing felony charges for abandoning his 2 year old Doberman pinscher in an empty house without food or water. The dog was found in a closed bedroom dehydrated and almost dying. A New York Criminal Lawyer says the 20 year old man faces up to 2 years in prison along with numerous fines for aggravated animal cruelty. He is out on $1,500 bail. According to the SPCA the man has admitted that the dog was his. The 19 pound dog is now being treated at a local animal hospital in Plainview. Once he has fully recovered he will be available for adoption. The defenant is due back in court to determine the outcome of his case and will need a qualified legal counsel to help him in his quest for freedom.

If you or someone you know is facing criminal charges of any kind you may need assistance from Stephen Bilkis and Associates. One who can help you defend your case in the appropriate manner and help you obtain the best results possible.

Come in to our office for answers to the many questions you likely have, and a free consultation. We have offices located in both Nassau County and Suffolk County on Long Island, as well as Westchester County. In New York City, we have locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island.

A New York City Criminal Lawyer is not overwhelmed or even shocked that a popular pop star has had his sentence lightened after such a short period of time. The famous R&B singer who at 21 years old has been sentenced to five years probation, a one year domestic violence course, and community service.

The star was originally sentenced after pleading guilty to assaulting another celebrity, his ex-girlfriend, prior to the 2009 Grammy Awards. Even with the modified sentence, he is prevented from harassing or annoying girlfriend, but can speak to her if necessary. The girlfriend's lawyer stated to a Long Island Criminal Lawyer that she was fine with the modified order. It has not yet been determined whether the man has completed the domestic violence course or the community service; however he is still on probation for the remainder of the five year sentence. The public is not outraged, but also not looking forward to the fallout if the star and his girlfriend get back together. Most fans feel that both artists are better off apart.

The question has been raised by fans of why the star did not receive jail time or at least a harsher punishment, but sources show that girlfriend, her lawyer, and the star's lawyer came to an agreement for the lesser punishment. The girlfriend did not push the issue of trial, maybe for fear of losing or the man receiving no punishment. Public comments also reflect the thought that though the pop star is allowed to contact his ex-girlfriend, which he simply wanted the extended freedom to be able to attend awards shows. Fans and the public in general feel this break up, whether enforced by the law or not will enhance the careers of both artists for the better.

Whether star wishes to contact his girlfriend or not, he now has the freedom to attend public events at the same time as her without fear of being in violation of a restraining order. So whether the star's goal is to boost the number of public appearances or to apologize to his ex-girlfriend in person does not really matter as he is allowed to do either without fear. The only provision of the modified judgment is that the star, if speaking to his ex, does so in a respectful manner. He may not harass or annoy his girlfriend in any way, which should be common sense, but had to be placed in judicial writing.

Though the star was not punished as severely as he could have been for a charge involving domestic violence, his chances to remain completely free may have been enhanced by using a skilled legal counsel. If taken to court his lawyer may have been able to get probation without community service or domestic violence classes. No one will ever know what a difference a skilled lawyer could have made in this situation.

A debate ensued in Palm City, Florida, where people gathered to voice their opinions on the potential likelihood that an Arizona styled immigration enforcement law in the state, a New York Criminal Lawyer was told. Emotions ran high at the Library where over 300 people arrived for the summoning. There was standing room only.

State Representative Bill Snyder, R-Stuart, called a town meeting to get the citizens’ opinion on the proposed law. Snyder has prospered the immigration law. Supporters of both sides of the issue were allowed to voice the pros and cons of the law.

Many times throughout the meeting, Snyder asked the crowd to remain civil to each other. “It is rare that in Florida that we have an issue that engenders so much passion,” said Snyder at the meeting to the crowd.

Snyder’s proposed immigration bill would allow state, county, and local law enforcement officials to ask and seek legal status from people, claims a New York Criminal Lawyer. It would give them the ability to get the federal authorities involved. Employers hiring illegal immigrants would also be punished if the bill were passed.

The crowd raised their concerns of how Florida’s tourism and agriculture would be affected by the law if the bill were passed. Some of the crowd was concerned that the law would give law enforcement the right to be racist toward a color of skin. A woman said at the meeting the proposed law “will make it legal to harass, profile and disrespect innocent citizens for one purpose and one purpose only: to appease the racists in this country.”

If you are afraid of being deported, speak to legal counsel immediately. Are you being charged with hiring undocumented workers? Contact Stephen Bilkis and Associates to defend you today.

A 31 year old man was brought to America at the age of ten, after his father had been shot. He has made his life here, formed a family and graduated from Harvard University. He has proven himself to be a valuable member of our society. Now he faces deportation back to the Philippines, but according to a New York Criminal Lawyer, he has been granted a delay of one year to get his citizenship instated and to allow him to remain in the country indefinitely as a U.S. citizen.

This does not happen often, but when it does, deferred action is usually the result of some kind of humanitarian effort made by the deportee, or some level of superior achievement that spurs the ICE toward a favorable action in that regard. The Immigration and Customs Enforcement was established because so many people come to this country and fail to go through the legal channels to become a citizen, but it also has a stake in those people, after all, they live here and many of them have lived here their entire lives.

It would be difficult to imagine being forced from the place you have called home for 21 years and required to move back to a country that is unfamiliar and even politically volatile, said the New York Criminal Lawyer, and it is refreshing to see that the laws that have been established here to keep illegal aliens from entering also serve to support those people who know no other way of life, having been brought here as children, through no fault or choice of their own.

No one wants to be labeled a criminal. Sometimes, mistakes happen that could have been prevented but weren’t and the consequences can be severe. If you find yourself in such a situation, call Stephen Bilkis and Associates and let them support you in your fight for freedom. Our legal team will bring their highly valuable skills to the table on your behalf.

A 27 year old man was extradited to Long Island from California to face murder charges on a 2009 fatal shooting that took place in a local nightclub. He is facing a charge of 2nd degree murder on the shooting of a victim Valley Stream. The victim was pronounced dead at a local hospital in Manhasset. A New York Criminal Lawyer has been called to defend the suspect. No date has been set for a trial but because of the serious charges, one will be set soon.

The laws that govern homicide in New York are governed by Section 125.00 of the New York Criminal Proceedure Law. There are many different factors that come into play when a charge of murder is involved. Courts will look at the intent of the party. What is planned, or an act of recklessness? Determining the defendant's intent will be very important to assess their guilt or innocence, and what particular charge of murder they may receive.

If you or someone you know is facing criminal charges you may need the assistance experienced legal counsel. Depending on your charges, you could be facing prison time, community service, monetary fines and probation. Speak to Stephen Bilkis and Associates for advice and guidance.We will provide you with sound legal advice and a free consultation. We have offices located throughout the New York area for your convenience, including locations in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. On Long Island, we have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

The sooner you contact us, the better. We will provide you with an aggressive defense, and ensure that your rights are protected throughout the legal process. Call us today to schedule a free consultation at 1-800-NY-NY-LAW.

A New York Criminal Lawyer has learned that Akhilesh was arrested at Amausi international airport on Thursday. The local police chief commented that the arrest was a preventative measure as Wednesday was the last day of the Samajwadi Party’s (SP) protest against the Bahujan Samaj Party (BSP) government.

When Akhilesh arrived at the airport, he was greeted by a multitude of police that immediately surrounded him and led him away, reports a New York Criminal Lawyer. He was being held at the Lucknow district jail after initially being taken to an undisclosed location.

Although he was whisked away rather abruptly before being allowed to speak with the media, as he was being escorted away he commented that, “This is dictatorship. We are not even being allowed a democratic protest."

Many of the protestors were angered by Akhilesh’s arrest. They then went onto protest against the BSP for what they call corruption and lawlessness. However, the police were prepared and outnumbered the protestors. This led to many protestors being arrested and taken away. There were also many protestors who not only burned BSP flags, but also became aggressive in their attempts to confront the current administration no matter the outcome.

One local area, Amethi, saw the SP workers arrive at the protests by horseback. Of course, this took the local authorities by surprise, as they had no horses of their own at the scene in order to counter this move. The authorities could also not ascertain which to attack first, the horse, or the rider.

The protests have been ongoing since Monday when SP leader publicly announced that he was being held under house arrest so as not to be able to attend the protests that were planned for this week.

After the arrest of Akhilesh, more SP protestors arrived to the area by bus, and many women were seen leading the protests as part of their observance of International Women’s Day. While the estimated number of arrests depend on who one is asking, one estimate the number to be as high as about 30,000.

Whenever you or a loved one has an encounter with the criminal justice system, whether is is a drug possession crime, theft crime, or weapons charge, you do not have to go it alone. A New York Criminal Attorney is available to take your case and work with you to achieve the result you seek.

At a muscle-energy supplement store, a female was doing her best to explain to the would-be thief about the various supplements. The attempted robbery occurred at the GNC store on 18th Avenue near 71st Street at 5:50 P.M. last June. A New York Criminal Lawyer are usually called in situations like this, as theft of property is definitely a reason to need someone like Steve Bilkis and Associates.

The eighteen-year-old suspect started out by asking questions about a product and then forced the manager into a back room and demanded the combination to the safe. The manager gave him the wrong number and at that point he obviously realized at that point that he didn’t have much time so he ran.

The manager was obviously thinking quickly on her feet, as she was able to direct the police to the supplement bottle that the suspect had been holding. At that point, the authorities were able to lift his prints from the bottle and make an identification of the suspect. Stephen Bilkis and Associats can be reached at 1-800-NY-NY-Law for a free, no-obligation initial consultation.

A man indicted for providing steroids to professional athletes received a sentence of one year and a day in prison. The Alabama pharmacy was part of the investigation of a Phoenix naturopath who supposedly treated the athletes. A New York Criminal Lawyer reports that the accused man fled to Costa Rica.

The man had originally been interviewed on radio stations praising the therapeutic benefits of steroids. However, once he was in front of a judge, he admitted that he wished he had not made the statements. According to sources, the judge indicated that the man be allowed to serve his sentence in a halfway house.

The naturopath admitted to prescribing steroids, human growth hormone and other drugs to patients who didn’t need them for a medical reason. In 2006 the Mobile Alabama pharmacy was raided and became known as Operation Which Doctor.The drugs were distributed via an illegal Internet ring.

If you have been charged with a crime, including drug possession, a theft charge or gun possession, speak with Stephen Bilkis and Associates for advice and guidance. We will provide you with the answers you need, and a free consultation. We have offices to serve you throughout New York City, including locations in Manhattan, the Bronx, Brooklyn, Staten Island and Queens. We also have locations in Westchester County, and Nassau County and Suffolk County on Long Island.

A New York Criminal Lawyer reports that one man was dead and a ten-year-old girl was wounded in the arm in a shooting at a local grocery store in Brooklyn. The police were called to the scene at approximately 7:40 Pm and emergency medical services were called to transport the girl to the hospital where is she is listed in stable condition.

The victim who lost his life apparently made it to Woodhull Medical and Mental Health Center and police say he was pronounced dead about 8:00 PM from numerous gunshot wounds. The firm of Steve Bilkis and Associates are available at 1-800-NY-NY-LAW for an initial, free, no-obligation consultation when injuries such as this occur. The authorities did not release the name of either victim and have not arrested anyone as of yet.

If you have been charged with a criminal matter, speak to Stephen Bilkis and Associates for guidane. We have offices throughout New York City, including locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Westchester County and Nassau County and Suffolk County on Long Island.

It has been reported that this years Memorial Day holiday weekend DWI arrest have increased from the previous years. A total of 130 arrests were made in Nassau County and Suffolk County combined. Nassau County arrested 73 people between 9pm Friday and 9am Tuesday morning. In Suffolk County there were 57 arrests between 4pm Friday and 7am Tuesday said a New York Criminal Lawyer. Last years reports indicate there were 106 arrests made and more than half of these arrests resulted in conviction especially when the suspects were not represented.

If you or someone you know is facing charges in New York due to a charge of Driving While Intoxicated or Driving While Ability Impaired it is important to ensure that your rights are protected. Speak to Stephen Bilkis and Associates for guidance and a free consultation. We have locations available throughout New York City for your convenience, including offices in Manhattan, Staten Island, Queens, the Bronx, and Brooklyn. We also have locations in Westchester County as well as Nassau County and Suffolk County on Long Island. Call us today for a free consultation.

Two police officers spotted a 26 year old suspect smoking marijuana at 6:15 PM at a street corner, a New York Criminal Lawyer said. The officers approached the suspect and attempted to place him under arrest when the suspect became unruly and decided to resist arrest. The officers were attempting to handcuff him at the time he opposed them. The suspect then somehow managed to gain access to the gun of one of the officers and tried to fire a bullet. A struggle then ensued with both suspect and officer attempting to gain possession of the weapon. The officer did manage to keep one hand on the barrel of the gun before the gun was fired.

The suspect discharged the gun once and although firing at point blank range, the bullet did not strike anyone or cause any damage. The suspect was attempting to fire a second time but was unable to do so because the shell casing was jammed inside the gun.

The officer was then able to regain full possession of his weapon after a major struggle and the suspect was handcuffed and placed under arrest without further incident. Charges against the suspect and further information is still pending at this time.

Both officers, however, had to be taken to the hospitall for injuries sustained in the altercation. One of the officers suffered an injured elbow. The other officer was treated for injuries to both his back and shoulder.

Anyone facing criminal charges should not be without adequate representation. Whether you have been charged with drug possession, a theft crime, or a DWI, speak to Stephen Bilkis and Associates for advice and guidance. We have offices to serve you throughout New York, incuding locations in Manhattan, Queens, Staten Island, the Bronx and Brooklyn. We also have locations in Nassau County and Suffolk County on Long Island, and Westchester County.

In July 2010, the Securities and Exchange Commission (SEC) launched a new program for government and corporate sector employees that allowed them to safely provide information about possible fraud and other illegal activities they have witnessed or heard about. This program is part of the financial reform bill passed last year. So far, the new program has received only 168 complaints and tips. This number represents complaints and tips through February 2011, reports a New York Criminal Lawyer. But this number much lower than expected considering other whistleblower groups such as the National Whistleblowers Center and the whistleblower program run by the Department of Justice which receive hundreds of tips and complaints each year.

The National Whistleblowers Center provides informants with legal representation while the Department of Justice offers financial compensation to those that come forward. The SEC also offers financial compensation to those who choose to provide investigators with tips and other information. Informants may earn up to 30% of all monies collected in penalties or lawsuits that total more than 1 million dollars.

Specific rules governing how government and corporate sector employees file a complaint with the SEC may explain why many are hesitant to do so. Many government agencies and companies require employees to first file a complaint or provide tips through internal whistleblower programs first before filing their complaint with the SEC, says a Brooklyn Criminal Lawyer. Employees may be hesitant to file complaints with the SEC if they have to go through several agencies to do so. Filing multiple complaints may jeopardize their careers or create unwanted tension in the workplace.

The SEC will release its final rules governing the whistleblower program in April. It is expected that these rules will be met with some opposition as the SEC strives to relax the rules concerning the procedures for filing complaints or providing tips.

In addition to the SEC whistleblower program, the Department of Justice whistleblower program and the National Whistleblowers Center, other programs aimed at providing a safe place for informants to report possible fraud and other illegal activities are being formed by lawyers and others. Some offer financial compensation while others offer legal representation. Increasing the number of tips and complaints is the goal of the SEC whistleblower program as government funding is needed to keep the program running.

If you have been charged with fraud or white collar crime, speak with Stephen Bilkis and Associates for guidance and a free consultation. We have offices located throughout New York including locations in Manhattan, the Bronx, Brooklyn, Queens, and State Island. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

The suspect in the failed Times Square bombing is in a state of foreclosure on his home and may be losing his home in the near future.

Faisal Shahzad stopped his mortgage payments on his Connecticut home in June of 2009. This coincided with a trip he took to Pakistan. Federal authorities believe that Shahzad took the Pakistan trip at that time to visit a terrorist training camp to help him prepare for his alleged terrorist activity here in the United States.Shahzad is a suspect in the failed Times Square bombing on May 1st. He is still in Federal custody on terrorist charges for attempting to set off a car bomb in Times Square. His attempt failed. He was arrested and is being held in Federal custody while awaiting trial on charges of terrorist crimes, says a New York Criminal Lawyer.

Now, a notice of judgment has been filed in Milford Superior Court ordering Shahzad to pay his mortgage company on his Connecticut home $213,000 or lose the home to foreclosure. He must pay the money to Chase Home Finance LLC by the end of July if he is going to stop the foreclosure procedures.

The home owner does have family, including a wife but his family is thought to be living outside of the United States at this time. He does have the option of attempting legal actions to stop the foreclosure but with Shahzad in Federal custody, it is doubtful he will be able to comply with the notice of judgment.

Federal officials take terror crimes very seriously, and those facing such charges will need
an experienced New York Criminal Lawyer. You donít want to come against the Federal Government without adequate representation.

Whether you have been charged with a felony or misdemeanor, it is important to ensure that your rights are protected. Speak to Stephe Bilkis and Associates for guidance and a free consultation.

An intoxicated New York City police officer was killed after causing a deadly car crash that also injured four others, according to a New York Criminal Lawyer. He had attended a surprise party for a fellow officer before the incident, and the guests at the event had seen the cop drinking. Two of the injured stated that they were just not aware of how intoxicated the driver was.

The 35 year old officer was driving his vehicle when he left the party just after 6AM on May 16th, reported a New York Criminal Lawyer. Another New York City police officer was one of the victims, as he had been riding in the car. The other cop, only 25, had also consumed alcohol at the party and had a blood alcohol level of .21. Both officers had been riding in the front seat of the car.

The driver had offered to drive the four victims home, despite his blood alcohol level of .16, which is twice the state ís legal driving limit of 0.08. All four victims were women, two of whom currently remain in critical condition. Two sisters were also seriously injured as a result of the automobile accident. The sisterís mother was angry that the police officersí reckless actions had landed her daughters in the hospital and caused their critical injuries such as a shattered pelvis, a spinal cord injury, and fractured legs.

If you have been accused of driving while intoxicated or impaired, contact Stephen Bilkis and Associates for your defense. Prosecutors take these cases very seriously, and therefore you should only be represented by the skilled legal counsel. Contact us today for a free consultation. We have offices to serve you throughout the New York City area, including locations in Manhattan, Staten Island, the Bronx, Brooklyn and Queens. We also have locations in Westchester County as well as Nassau County and Suffolk County on Long Island.

An eighty-one year old man has been convicted of misdemeaner animal abuse and will be spending 30 Days in jail for the killing of a squirrel, says a New York Criminal Lawyer. Last February, the man was reported for abuse using a pellet gun to shoot the animal at his home. He has been arrested 12 times in the past for misdemeanor violations including criminal contempt, for violating orders of the court, but most of the arrests have been due to wildlife violations.

Upon his release from his 30 day jail sentence, the man will face 15 other charges all related to his use of a BB gun. The octagenarian, who lives in East Northport, has had many disputes in the past involving his neighbors.

He is an 81 year old Army Veteran who served in the army air corps for 3 years after World War II. Following his military career, he ran an aerial photography business. He spent many years flying out of the Fleshing Airport and the Bayport Aerodrome.

He has a daughter who is very concerned about the time her father must spend in jail mostly due to his multiple medical problems. She revealed to a New York Criminal Lawyer that she is overly concerned that he will not receive his many medications while he is incarcerated. He must also use a cane or walker to ambulate, and his multiple medical problems include ailments such as hypothyroidism and frequent confusion.

The man was supposed to start his jail sentence but two weeks previous to that he developed shortness of breath and was hospitalized. He may be eligible for special housing as an inmate in the jail, and with good conduct he may only have to serve 20 of the 30 day jail sentence before facing the further charges.

Even those facing misdemeanor charges need a qualified legal counsel for their defense. Contact Stephen Bilkis and Associates today for the best representation you can receive.

A 25 year old cab driver noticed two men were following him as he drove on Franklin Street in Hempstead. The cabbie stopped his cab and pursued the two men bearing a knife. The two men also left their car with bats. It has been reported that the two men took cash from the cab driver along with a cell phone after they beat him with the bats. The cabbie was able to stab one of the perpetrators. The cabbie was arrested and treated at Nassau University Medical Center in East Meadow. Police found the other two men who were later identified. One of the men was charged with robbery and possession of a dangerous weapon. He was also arrested and held at the hospital in a guarded location. According to a New York Criminal Lawyer, the cabbie was charged with assault and possession of a dangerous weapon.

If you are being charged with a crime you need skilled legal counsel by your side. Speak to Stephen Bilkis today for advice and a free consultation.

Just weeks after a January earthquake killed more than 300,000 people, devastating the country of Haiti, officials there will soon be faced with yet another task; caring for and housing immigrants with criminal backgrounds who have been deported from the United States, claims an officer . According to a New York Criminal Lawyer, the decision to no longer suspend deportation of Haitian immigrants has some people up in arms, saying that there is no way the country of Haiti can provide adequate housing and care for those deported at this time due to the disastrous effects of the earthquake upon its population.

More than one hundred detainees in Florida had their deportations placed on hold for six months after the earthquake, because of the extreme damage, mass homelessness and disease that has spreading through Haiti since the devastating quake hit. Now, reports the story, the United States is no longer willing to allow these detainees to remain here in the states, and is rounding them up and preparing to send them back, despite unsanitary living conditions and a precarious future in the country of their birth.

Cleanup has been excruciatingly slow since the earthquake, explains the official. Homelessness is rampant, crime has escalated and disease is overtaking the population. Thousands of people are being wiped out by Cholera, including a massive prison outbreak that has left more than two dozen prisoners dead. Despite these questionable conditions, a spokesperson for the ICE has maintained that the US government is doing what they can to insure that the deported prisoners will be returning under safe and humane conditions.

If you have found yourself charged with a criminal matter, such as drug possession, a theft crime or a DWI, contact Stephen Bilkis and Associates for advice. We will ensure that your rights are protected, and will provide you with a free consultation.

John Mark Karr, who became semi-famous in 2006 for associating himself with the death of JonBenet Ramsey, is living here in the United States as a woman, according to a New York Criminal Lawyer. Karr falsely confessed to the murder of Benet Ramsey in Boulder, Colorado but it was later proven that he did not perform the murder nor did he help commit the crime. JonBenet Ramsey was a 6 year old beauty queen found murdered in her home in Boulder, Colorado
in 2006. The crime has never been solved and Karr was ruled out as the perpetrator.

Karr was a Thai teacher previously and he is now living in Washington state as a woman. There is no evidence that Karr has had any surgical procedures to officially become a woman. Karr is using the alias Alexis Valoran Reich and recent photographs of him show a much more feminine appearance then in the past. The pictures suggest to New York Criminal Lawyers that he is attempting to portray himself as a woman and further evidence to this attempt is that he is
using a female name.

A woman has come forth and reported Karr as living in Washington impersonating a woman. She also accuses him of allegedly attempting to form a cult of young girls. The woman appeared on the NBC's Today Show to publicize the new life of Karr and she has also placed a restraining order against the female impersonator.

At this time it is not known if there will be any legal actions taken against Karr other then the restraining order that has been filed with the local court.

Those facing criminal charges require the best defense. Speak to Stephen Bilkis and Associates today for advice, we will provide you with a free consultation and solid legal guidance.

A 40 year-old immigration attorney faces charges for 28 counts of fraud, conspiracy activity, and 42 counts of alien harboring with the intent of personal financial gain, so reports a New York Criminal Lawyer. The accused attorney held a great understanding of the US visa program, and used his inside knowledge to manipulate the system by intentionally overlooking his clients eligibility for three consecutive years.

The accused also charged his clients unreasonably high fees, claiming that he would help them obtain faulty 'green-cards'. This kind of behavior would lead many to believe that they would be receiving resident alien status, something that would dramatically change their lives. Not only has this man taken advantage of many clients financially, but also emotionally, by holding out unrealistic promises—based on lies.

A Brooklyn Criminal Lawyer explains, that the charged, after being presented before the court was released on a $50,000 secure bond, under the pretenses that he would be forced to surrender US & UK passports. The future doesn't looks so bright for the accused, as with each count he will have to deal with a quarter of a million dollars in fines. In addition, with each count, he will also face a decade in prison, with exception of the conspiracy charge, that stipulates a maximum of five years in prison. Whatever personal gain, this man thought he had coming, it will pale in comparison to the years he will spend in prison, and the lives he ruined along the way.

In difficult situations, where you need direction and hope, Stephen Bilkis and Associates can help you navigate through the legal maze. Our legal team will act as your advocate, providing you with support, and an additional peace of mind.

The role of emerging technology and how the government, in particular those branches of the government charged with public protection and order, deal with it is one of the great challenges of the twenty first century, said a New York Criminal Lawyer the other day.

In particular, the issue of how to treat Electronic Mail, or E-Mail, has been a thorny issue for the courts to deal with. On the one side are privacy advocates, who believe that the Fourth Amendment protections against warrant less searches of one's person, house, papers, and effects should include E-Mail. They believe it is a logical extension that the founding fathers would have supported had E-Mail been in existence at the formation of the Republic.. On the other side of the issue are those arguing that individuals have no expectation of privacy to their E-Mails and that as a result they are not afforded protection form warrantless searches. The Sixth Circuit Court of Appeals heard the case just recently and has agreed with the former: E-Mail searches require a warrant prior to being conducted. The decision is considered a victory for privacy advocates.

The court believed that since E-Mail mimics the form and function of traditional mail that it would be illogical to not extend the protections. The case now sets a precedent to be followed by all courts within the Sixth Circuit. An appeal to the United States Supreme Court is expected and no doubt the nation's highest court will eventually decide on this issue.

If you have been the victim of a warrant-less search, or have been convicted of a white collar crime, or fraud, contact Stephen Bilkis and Associates to ensure your constitutional rights are protected.

We have offices available throughout the New York City area, including locations in Manhattan, Staten Island, the Bronx, Brooklyn and Queens. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today and schedule an appointment. We will provide you with sound legal guidance and a free consultation.

A New York Criminal Lawyer says that a federal judge in Manhattan rejected a Guantanamo detainee’s request to drop his guilty verdict. The detainee claims that he should be tried as a civilian in the court and that his first trial was not legal or just. The judge ruled he would not drop the earlier guilty verdict and that there was enough evidence to continue with his keeping his charge of conspiracy. The detainee will probably appeal this ruling as well.

Last year, the detainee was convicted on one act of conspiracy to destroy a government building. The New York Criminal Lawyer was informed that the man was convicted of conspiring to blow up the US embassy in East Africa. There were 224 people who were killed in that attack and many more were injured. The attack also killed one dozen Americans.

The detainee was held on the conspiracy charge, but he was exonerated on 280 different counts in the same incident. The attack on the US embassy took place in 1998 and he has been in US custody ever since. He faces life in prison when he sees the judge for the sentencing portion of his trial, which will happen in the next few weeks. The detainee’s lawyer tried to dismiss the guilty charge by saying the verdict was inconsistent with other verdicts in the US since then. The judge dismissed the lawyer’s arguments and held the detainee on the guilty charge.

A Stephen Bilkis and Associates will aid you or a family member on any criminal case you face. Our legal team is trained to handle any matter in a court of law that requires representation. Consult our office before you step in to any court room.

The Senate Appropriations Committee of the Arizona State Senate passed a new bill with tougher rules concerning illegal immigrants. SB 1611 allows law enforcement to arrest illegal immigrants for driving a vehicle, requires employers to run more thorough background checks on potential employees and prohibits illegal immigrants to take advantage of certain public services such as staying in homeless or domestic violence shelters, attending state colleges or even getting a library card. While the bill passed 7-6 in the committee, it will have opposition in the State Senate, reports a New York Criminal Lawyer.

Two republican senators on the committee voted down the bill expressing worry over some of the details included in the bill. One republican senator said that the bill was written too hastily. One democratic senator said the bill does not take into consideration the children of illegal immigrants brought to the U.S. who were unaware they were not supposed to be in the country. Many of these children now attend state colleges. Senate President Russell Pearce R-Mesa said that while he had met with some of these children and was impressed by them, at some point they had to have known they were in the country illegally and should take responsibility for that.

Pearce went on to say that SB 1611 is no more than an addition to a bill passed in 2004. That bill also denied illegal immigrants the use of public services, but was limited to certain services. SB 1611 would define additional services and give law enforcement additional rights such as imprisoning an illegal immigrant for a minimum 180 days if they used another person's identity to secure a job, explains a Bronx Criminal Lawyer . SB 1611 would also prohibit illegal immigrants from securing public housing. Immigrants must also show proof of citizenship when enrolling children in public school.

While the fate of this bill remains unclear, many in the Arizona State Senate agree that the federal government had done little to help secure the border between Mexico and Arizona. Government leaders in Arizona have decided to enforce additional rules and regulations concerning illegal immigrants to prevent new immigrants from crossing those borders and sending back those who have been living in the United Stated illegally, even if they have been doing so for a long time.

If you are facing legal troubles, whether it is a white collar crime, fraud or a felony matter, speak with Stephen Bilkis and Associates for advice and a free consultation. We will help you face your legal battles head on. We have offices to serve you throughout the New York area, including locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

A New York Criminal Lawyer has learned of the arraignment of an East Hills man in the hit-and-run death of an 81-year-old Roslyn Heights woman. According to his account, he saw the woman, but could not avoid hitting her. The driver, 26, is charged with felony, leaving the scene of an accident with a death, and with a traffic violation, leaving the scene of an incident without a report.

The prosecution said that the driver hit the 81-year-old woman with his Jeep Cherokee and just kept driving without alerting the authorities. She was thrown at least 75 feet by the impact and pronounced dead on the scene.

Nassau police sources said that the driver was found when he took his car to a Queens body shop and someone called the Nassau police department tip line. The driver says he was alone the night of the accident, according to a New York Criminal Lawyer.

Though he claimed to the judge to be unemployed, the driver’s attorney said he had been a teacher’s assistant and also worked for a start-up computer company. The driver’s parents plan to hire a private attorney. The judge ordered the driver to be held on $1 million bond or $500,000 bail.

A skilled legal counsel is the best hope for you or a loved when trouble with legal authorities arises. No matter what the circumstance, you will need representation to be certain your case is presented in the best possible way in court. Whether you have been charged with sex crimes, a theft charge or drug possession, it is important to speak with legal counsel as soon as possible to ensure that your rights are protected. Stephen Bilkis and Associates will provide you with sound legal guidance and a free consultation. Call us today at 1-800-NY-NY-LAW. We have offices in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We also have locations in Westchester County, as well as Suffolk County and Nassau County on Long Island.

A non-denominational community church was recently threatened with foreclosure following verification that it owed $11.3 million in principal, as well as substantial interest and moderate late charges, as reported by a New York Criminal Lawyer.

The non-profit community church in Palm Beach Gardens was cited for a possible foreclosure along with its fellow tenants, including a construction company and a real estate counseling firm. The principal amount owed by the church stemmed from a past loan from a local bank in 2006, and the case was heard in the Palm Beach County 15th Judicial Circuit. The non-profit community church originated in a former cinema complex in Palm Beach Gardens, and in 2008 upgraded to its current location, a retail/office/entertainment complex. A New York Criminal Lawyer notes the postulation of Palm Beach Gardens’ vice mayor that the church’s financial situation may be due, in part, to a struggling economy and the resulting decline in giving among members and guests. His insight is relevant due to his further involvement in commercial lending; the vice mayor serves as vice- president of commercial lending for another bank.

The community church houses a 50,000-square-foot cultural center oriented toward the local community, as well as a banquet hall that houses a commercial kitchen and features a capacity of 500 individuals. According to the aforementioned vice mayor of the city, it is likely that an agreement will be reached between the church and the bank- perhaps a payment plan- rather than pursuing a mortgage foreclosure. The vice mayor is quoted as saying, "Foreclosing on a church is not good public relations for a bank".

The expertise of legal counsel extends to such financial woes as those being faced by the community church mentioned above. As a non-profit organization serving the community, a certain level of leniency is sometimes offered. It is acknowledged that such investments as made by non-profits are not immune to economic setbacks, and are perhaps even more at risk of hardship to due the nature of the business. Our legal team is trained and accustomed to partnering with such non-profit organizations to seek financial resolution and restoration.

Whether you have a financial entanglement with an organization, or have been charged with a drug possession crime, or white collar crime, speak to your legal team right away. We will provide you with a free consultation and ensure that your rights are protected. We have offices throughout the New York area, including locations in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We also have locations in Nassau County and Suffolk County on Long Island and Westchester County. Call us today to schedule your free consultation at 1-800-NY-NY-LAW.

Consider the following phrase: Tax season. What thoughts come to mind? If you find yourself cringing, you are not alone. Several notable celebrities have failed to maintain their obligations to Uncle Sam, as observed by a New York Criminal Lawyer.

Did you ever consider that Batman might have tax trouble? A popular star of “Batman Forever” fame was issued a $498,165 IRS lien last November for failing to fully pay taxes in 2008, according to the Associated Press. However, the star righted this wrong in a responsible way in 2009 by paying up, according to an entertainment website called TMZ.

What about the "A-list" “National Treasure” star who faced several successive IRS tax liens in the past few years, which at one point amounted to a tab of $13.3 million owed. The details included a disagreement between the star and a financial advisor/manager as well as a legal action on the part of both men, against one another. Again, a Brooklyn Criminal Lawyer notes that the actor smoothed over his troubles responsibly: according to People.com he is “under new business management and am happy to say that I am current for 2009.”

But wait: A star of the “Blade” trilogy, has also found himself on the “watch list” of the IRS. In 2008, the star was found guilty of “willful failure to file” income tax. This originated in 1998, when he decided to claim himself “a non taxpayer” and subsequently racked up around $15 million in back taxes over the following decade. This actor's story does not end quite as well as the other men in this account, he began serving a 3-year sentence in December 2010.

A skilled lawyer recognizes the importance of paying taxes on time and in full. As clearly shown above, even those who enjoy celebrity status make errors in regards to tax payments and are investigated accordingly! Be assured that excellent legal counsel and viable solutions will be afforded you and those important to you, all you need to do is make the call.

Whether you have been charged with embezzlement, fraud, sex crimes or drug possession, quality legal counsel can make all the difference. Speak to Stephen Bilkis and Associates for advice and a free consultation. We will ensure that your rights are defended at every stage of the legal process.

Wherever you are in New York, we have an office hearby. In New York City, we have offices in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, and Westchester County. Call us today to schedule a free consultation at 1-800-NY-NY-LAW.

Countries with dictatorial regimes in control are often filled with a population that has been abused, horrified, and terrorized, to the point of submission. The Libyan regime is no different, and with the world’s focus now turned toward it, many stories that have been hidden for so long are now making their way into the international spotlight, a New York Criminal Lawyer reports.

While each story told comes from an individual, there is a very common theme to each of them…A government-administrated campaign against its own people. Regardless of whether either passive or active submission techniques are employed, every totalitarian, authoritarian, and dictatorial government or ruler throughout history has used many of the same population control methods as has Gaddafi since he assumed power in 1969 as part of a military coup.

Some of the more recent reports from Libya reflect stories of those who were kidnapped, tortured, stored away, or even never heard from again. While many of their stories may seem far-fetched to many in the world who hear them, the stories are real and unfortunately, they are true.

One such story that has recently come to light involves a businessman and his family, who for as of yet unknown reasons were targeted by the Libyan secret police. The man was supposed to go into the local police station for unknown questioning, but never made it for the secret police kidnapped him on his way to the station. He was not seen or heard from for more than seven years. A New York Criminal Lawyer also discovered that during the time he was imprisoned, his family was constantly harassed. His son expelled from the university, and all were forbidden to make a living.

Unfortunately, tales such as the businessman’s are not uncommon, for there are countless other men and women who were taken away by the secret police that were never heard from again. Their fate can only be speculated, but like most Libyans, the worst is always expected.
The people of Libya are in the process of taking their country back from the regime that had them imprisoned for many years, and are paying a price for it. Freedom, as we are aware, is never free for it must be earned by the blood and sweat of a nation’s peoples.

If your family life has been interrupted by legal problems, whether it concerns a theft crime, drug possession or a white collar crime, our office is always available to assist. Call us today for a free consultation and to ensure that your rights are protected throughout your legal proceedings. We have offices located in New York City, including locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

A former police officer was convicted of sex crimes and now faces many years in prison for his crimes. He abused his position of power and used that power to victimize two women. The now ex-cop offered jobs and child care programs to two women when he was not in authority to offer either to the women. He was convicted by a jury trial and one of the female jurors used the term "disgusting" when referring to the Defendant and his actions. He was also convicted of other charges at the trial including official misconduct and unlawful imprisonment.

Following his conviction, the ex-cop now faces up to seven years in prison for his illegal activities. He is due to be sentenced in July unless there is an extension of his sentencing date, according to a New York Criminal Lawyer.

His legal problems do not end with this sentencing. He was fired from the New York City Police Department last January for allegedly propositioning a teenager for sex. No further information is available at this time in regards to any further legal procedures involving this accusation. He also now faces a rape trial for charges related to two alleged assaults. He is accused again of abusing his position of power by luring two women to provide personal information to him while he was in uniform. He then took their personal contact information to get in touch with the two women at another time. Meeting up with the women he then allegedly attacked them sexually. The rape trial is pending.

If you or a loved one has been accused of rape or other sexual crime, please call Stephen Bilkis and Associates. Your future depends on the best representation, and only skilled legal counsel can provide that.

A lawyer for convicted murderer Sirhan Sirhan claims his client was brainwashed the day he shot then presidential candidate Robert F. Kennedy in a hotel kitchen in 1968. After giving a speech at a Los Angeles hotel, Kennedy was escorted through the kitchen when he was fatally shot. Many witnesses identified Sirhan as the lone shooter. He even confessed to killing RFK during his trial. Today, 43 years after the shooting, Sirhan claims he does not remember shooting anyone, reports a New York Criminal Lawyer.

During his next parole hearing, Sirhan's lawyer plans to offer an alternate theory of the crime. His lawyer will try to convince the parole board that there was a second shooter. The lawyer even claims to know who the second shooter is. This shooter fired the bullet that actually killed RFK. Kennedy was shot at close range behind the ear. Sirhan's lawyer claims Sirhan was in front of RFK the entire time and in no position to shoot him at close range. There is evidence, however, that shows Sirhan fired randomly into the crowd emptying his gun. One of those shots could have ricocheted and hit Robert F. Kennedy behind the ear. Forensic evidence gathered after the murder suggests only one gun was used and that it was in the hands of Sirhan Sirhan and not anyone else.

Sirhan's lawyer will also suggest that Sirhan was brainwashed into firing shots at Kennedy to distract the crowd while the real shooter killed Kennedy, explains a New York Criminal Lawyer. It is uncommon for a convicted criminal to offer new theories about his case during a parole hearing. In most cases, parole boards are only interested in hearing how the person has changed or whether they are truly remorseful for their crimes. It is unlikely that Sirhan Sirhan will admit any remorse since he claims he doesn't remember shooting Kennedy.

Most people are convinced that Sirhan's lawyer will not be successful in getting his client released. A Kennedy bodyguard clearly remembers taking the gun out of Sirhan Sirhan's hand after he pulled the trigger several times. And even though some witnesses insist Sirhan was in front of Kennedy the entire time, there is little evidence to suggest another shooter was present at the time. It is likely that the parole board will deny parole to Sirhan given this was a high profile case.

Whether you have been charged with assault, a theft crime or even murder, it is imperative that you consult with legal counsel as soon as possible to ensure that your rights are protected. Depending on your charges, you could be facing very serious charges that could include prison, community service and probation. Call us today for a free consultation.

Testifying before a Connecticut State Legislature committee, a widower was finally allowed to tell his story about how his wife’s psychiatrist had contributed to her suicide more than seven years before, a New York Criminal Lawyer learned. This 46-year old man claims that after taking antidepressants the psychiatrist prescribed, his wife had suicidal thoughts. He went on to say that, her psychiatrist literally ignored his calls as he tried to get her help. His 46-year old wife eventually backed her car into the couple’s garage and left the engine running. Her death was a suicide by carbon monoxide poisoning.

While his wife’s former psychiatrist and his license remain in good standing in the state of Connecticut, and his attorney flatly denies the allegations, the husband of the dead woman has been on a quest ever since his wife passed away. He has had legal representation part of the time, most of his lawsuit attempts at the doctor have been pro se, which means he has been representing himself.

He has spent many hours at courthouses and legal libraries in order to prepare himself as to what he needed to do on his mission, as well as what would be expected of him. As part of his journey through the legal maze that he faced alone, he has filed numerous motions and legal briefs, and has most of them dismissed even without the judge allowing any arguments. Undaunted, he had his day to speak about his loss and his quest to a group of lawmakers who are looking to change the way the system treats those who represent themselves in malpractice lawsuits. During his testimony he was allowed to exceed his three-minute time to speak allocation because of his compelling story that lawmakers and attorneys alike had either already heard of, or were intrigued by.

At present, no one is for certain whether the bill the committee held the hearing over would ever make it to the floor of the Connecticut legislature for a vote, or if it had any chance of passage. The one thing that is clear in this story is that one man’s devotion to his family and to his cause can make a difference.

If you have been charged with an offense, such as fraud, drug possession or a theft crime, it is important to seek legal guidance as soon as possible. The penalties you could be facing could be severe, including prison time, community service and probation.

Contact Stephen Bilkis and Associates for advice and a free consultation today.

A Kane County judge found an Elgin, Illinois man guilty of aggravated DWI and unlawful use of a deadly weapon. He was also found guilty of violating an order of protection. The judge dropped the most severe charge of armed violence and harassing a witness charge, a New York Criminal Lawyer was told.

The police were called to the residence of the 32-year-old man’s former girlfriend’s residence. They found the man asleep in a Jeep with a butcher knife outside the apartment complex at 2:45 a.m. April 7, 2010. The woman called the police because the man had knocked several times throughout a four-hour period. She never answered the door. Instead, she hid in fear until he went away.

At the trial, the police officers, who responded to the 911 call, testified that the man appeared intoxicated. He threatened his former girlfriend, one of the police officers said in court. At the time of the incident, he had been released on bond for an arson charge where he set fire to a house where one of his children, who was two-years-old, was inside. The child was not injured. The home belonged to his parents.

The man could face two to 10-years in prison for the charges because of the guilty verdict. He was been in custody since the incident in April.

The insurance company responsible for his parent’s home has filed a civil lawsuit against him because of the damages caused by the arson. They are requesting $410,000 from the man.

Contact Stephen Bilkis and Associates for guidance, whether you have been charged with sex crimes, arson, drug or weapons possession. We will use our years of experience to keep the fines and sentencing low. When you come in, we will provide you with legal guidance and a free consultation. We have offices throughout New York, including offices in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today for an appointment at 1-800-NY-NY-LAW.

An Alexandria Police Department detective faces driving under the influence charges after he was involved in a single car accident. He crashed his city-issued vehicle into a concrete pole. The car was provided to the department with taxpayer money. The accident happened at the corner of Gibbon and South Patrick Streets in Alexandria, a New York Criminal Lawyer was told.

The detective, who was off-duty at the time of the accident, refused to take a breathalyzer test when the police arrived about 6:30 p.m. Saturday at the accident location. He is also facing charges of unreasonable refusal for rejecting the breathalyzer test.

The mayor of the city said the incident could not be tolerated. “It doesn’t represent the characteristics of the hundreds of outstanding men and women of our police department. Hopefully, this is just an isolated incident,” said the mayor.

He was taken to an area hospital to be treated for injuries related to the accident. The injuries were considered minor.

The detective’s court date has not been officially scheduled, but he is on paid administrative leave. The department is running an internal investigation into the DUI said the department’s spokesperson.

This is not the first DUI incident the department has faced. Back in 2009, the former police chief was arrested in Arlington after drinking drunk. The current police chief, who replaced the former one after he was arrested, and the city manager may be taking a closer look at the department’s policies to keep DUIs from occurring again, explained a New York Criminal Lawyer.

Do not let just any lawyer represent you in court; instead let Stephen Bilkis and Associates fight for you. Whether you have been charged with drug possession, a theft crime, or DWI, we will provide you with a free consultation and ensure that your rights are protected. Come in and see us in one of our many New York locations, such as Staten Island, Queens, the Bronx, or Brooklyn. We also have offices in Suffolk County and Nassau County on Long Island, as well as Westchester County.

A New York Criminal Lawyer has learned that three additional District of Columbia police officers have been arrested as part of an Internal Affairs corruption probe. These arrests happened just one day after another D.C. police officer was arrested as part of an unrelated investigation.

The three officers were arrested at the 4th District station following their purchase of electronic equipment that is believed to be worth several hundreds of thousands of dollars. The officers believed the equipment was stolen. Although the investigation is continuing, it does not appear that the officers were working together as part of a larger conspiracy.

D.C. officials report that the arrests are part of a two-month investigation that is part of an overall 18-month initiative, which has sought to rid the police department of any officers that are either corrupt or dishonest. The officials went on to say that, many of the hardworking men and women of the D.C. Police Dept. are devastated that there were those within their ranks that brought reproach to their department.

The internal investigation was prompted, in large part, by certain factors that were detected as a result of internal departmental checks and audits, supervisor reviews, internal and external tips, or as a result of other ongoing investigations, a New York Criminal Lawyer was told. The D.C. Police Dept has an ongoing policy of rooting out dishonesty and corruption within its ranks, and is willing to go to great lengths to maintain the integrity of its workforce. This ensures that any bad apple will be quickly taken out of the department before any bad seeds of corruption are sown and allowed to spread.

The three arrested officers have been charged with the attempted receipt of stolen property. While it is not clear exactly when the officers were suspended, all three officers were suspended from the department and are awaiting arraignment in D.C. court on Wednesday. It is also unclear as to whether any of the men have retained the services of an attorney.

The previous arrest, also involved an officer in the 4th District who was an active participant in a burglary. That arrest took place on Saturday.

If you or a loved one has ever had a negative experience with the law, then you may already know how much skilled legal counsel can help you sort through the legal quagmire that lies ahead of anyone who has been charged with a crime. If this is your first run-in with the law, then Stephen Bilkis and Associates can speak on your behalf and help you negotiate your way on the path to problem resolution. Whether you have been charged with a federal crime, a white collar crime, or fraud, we are here to help. We will provide you with a free consultation with your first appointment, so call us today.

A man was arrested for DWI after allegedly striking objects and vehicles in a trailer park.

The local 911 office received several calls from trailer park residents about a driver in a white Ford truck striking, fencing, an electrical box, power lines and other vehicles. When officials arrived on the scene, they observed the white truck driving southeast without headlights in a field. When the truck stopped, deputies discovered the driver had abandoned the vehicle.

After searching the area, deputies found the 41 year-old man 300 yards from the abandoned truck. He was hiding in a ditch. The man stumbled out of the ditch mumbling that someone had slipped something in his drink and it was making him act crazy. Officials observed that the man seemed extremely intoxicated and discovered a rifle the man had left behind in the ditch, stated a New York Criminal Lawyer.

The man admitted to having drinks earlier in the evening, but refused to perform field sobriety tests because he stated he would not pass them. According to officials, he had a blood alcohol concentration of 0.239, which is three times the legal limit.

The man, who was driving with a suspended license, was arrested and charged with aggravated DWI, reckless driving, criminal damage and leaving the scene of an accident. No other details regarding the incident or about the man's incarceration or bond are available at this time.

If you or a loved one is facing criminal charges, Stephen Bilkis and Associates can help. We can help you navigate through the complicated process of putting together an effective defense, ensuring the best possible legal outcome. We have offices located throughout New York for your convenience, including locations in Manhattan, Queens, The Bronx, Brooklyn, and Staten Island. We also have locations in Westchester County, and Nassau County and Suffolk County on Long Island. Call us today for a free consultation at 1-800-NY-NY-LAW.

Was a criminal attorney really necessary? A New York Criminal Lawyer 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 a Nassau County Criminal Lawyer for trying to poison the woman pregnant with her husband’s baby. She is questioning her sentencing under this federal law. 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.

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 Stephen Bilkis and Associates can help in criminal legal matters. Whether you have been charged with a felony matter, sex crimes, drug possession or theft, we can provide you with a strong defense, and ensure that your rights are protected. Come into any of our convenient New York locations for a free consultation today.

A driver, police believe was driving drunk, will face charges after her 17-year-old passenger suffered severe injuries from the crash. The 22-year-old woman driving crashed into a tree, a New York Criminal Lawyer was informed.

Police were called to the scene of the accident around 2:40 a.m. Sunday. The 17-year-old male passenger was unconscious when officials responded. He had visible facial injuries. The accident happened in Morgan Hill, California.

The driver is not the only person believed to have been drunk during the time of the crash, the minor was believed to have been under the influence too, as police officers reported to a New York Criminal Lawyer. A helicopter transported the 17-year-old male to a nearby hospital in California. At this time, the male is in critical condition, but the hospital was not able to go into any further detail about his health.

The driver also complained of pain in her ankles and wrists. It is unclear if they were wearing seat belts at the time of the crash. She has since been released from the hospital and booked by Morgan Hill Police. She was booked under the suspicion of DUI. She was taken to Santa Clara County Jail to await her day in court. It is unclear if she has a lawyer.

Do not be caught without a qualified legal counsel by your side. Do not let just any lawyer represent you; speak to Stephen Bilkis and Associates today. Whether you have been charged with a DUI, drug possession or a theft crime, it is important to speak obtain legal guidance right away. It is important to ensure that your rights are protected and that your case is presented to the court in the best possible light. Call us today for legal advice and a free consultation. We have offices located throughout New York City to serve you, including locations in Manhattan, Staten Island, the Bronx, Brooklyn, and Queens. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today to schedule a free consultation at 1-800-NY-NY-LAW.

Currently in the state of New York, there is an interesting dynamic happening in the medical field regarding awards given to victims of medical malpractice.

Many representatives of hospitals are arguing in favor of “caps” for financial compensation awarded to victims of alleged medical malpractice, in response to malpractice lawsuits. A New York Criminal Lawyer notes that one of the main reasons for their argument is the correlation between high malpractice awards and high costs of medical care to the average patient. The hospitals and doctors that are fighting for these malpractice award caps are also directly correlated to the increased need for “defensive medicine”, which includes certain medical procedures and tests which might normally be deemed unnecessary, were it not for the extra care given to patients out of fear of malpractice accusations.

On the opposite side of the spectrum, as observed by a New York Criminal lawyer, are consumer advocacy groups and attorneys, who claim that award caps for medical malpractice are detrimental to the interests of patients. They continue with a positive reason for keeping caps off of malpractice award suits by stating that when it comes to long-term care, cap-less awards act as an important element for the well-being of the patients. Furthermore, they maintain that hospitals do not usually pay such malpractice awards out of their own pocket; in fact, the insurance provider usually takes care of such claims, although insurance premiums have steadily increased in recent years.

Another reason that hospitals and doctors are hoping for award caps is the claim that such caps would result in a substantial lowering in insurance costs for the hospitals. However, a representative of the New York State Bar Association comments, "We've looked at the states where this has been put into place, for example in Texas," he said. "Texas adopted caps. Have insurance rates gone down? No. They haven’t gone down one cent." Medicaid currently has a multi-billion dollar budget, yet they do not pay out damage claims in cases of medical malpractice. Although doctors and hospitals have stressed the necessity for “relief” from massive malpractice awards, it appears as though the majority of cases and costs are absorbed by the insurance provider.

This issue is important to society and it is hoped that a delicate balance is struck between proper medical care for patients and the avoidance of flippant malpractice lawsuits. As the State of New York battles through this issue, we are likely to see similar debate nationwide In the event that you or those you love find yourself in the midst of a scenario such as that described above, qualified legal counsel is available to assist you with individual care and concern, as well as beneficial legal counsel and representation.

Whether you have been charged with Medicaid fraud, insurance fraud, or other white collar crime, it is important to speak with our office as soon as possible. We will ensure that you receive an aggressive defense, and that your rights are protected.

A recent concern has been raised regarding side effects and unintended release times of over-the-counter cough and cold medicines that are not approved by the FDA.

As discerned by a New York Criminal Lawyer, the U.S. Food and Drug Administration has deemed over 500 name-brand, over-the-counter drugs as sketchy at best, stating that they should not be on the market at all. One of the primary concerns is in regards to the claims of the drug’s reaction upon human consumption. On the one hand, some of the cough and cold products release the primary active ingredients much to quickly; it has been noted that one product in particular releases the active ingredient within 30 minutes of consumption, rather than the 8-12 hours advertised on the package. Other products err on the opposite side of the spectrum, releasing the main ingredients much slower than advertised.

A woman who serves the Center for Drug Evaluation and Research as director of compliance expresses her concern regarding these products by saying, "We don't know what's in them, whether they work properly, or how they are made.” The arbitrary nature of the OTC drugs has also raised concern among notable physicians. A professor of family medicine from the University of Michigan stated he's "quite certain that very few physicians are aware of them being unapproved, and would be as surprised as I was to hear that there were unapproved drugs on the market at all.” A Long Island Criminal Lawyer notes that some of the specifics of these unapproved and potentially dangerous drugs include the combining of two or more active ingredients such as antihistamines, which are sometimes known to over-sedate a patient.
The FDA further expressed its unease regarding the tendency of some products to promote use for children under 2 years of age; the administration has stressed in the past that children this age should not be consuming non-prescription cough and cold products under any circumstances.

Another detailed claim from the FDA regarding the side effects of such unapproved products includes irritability and drowsiness, though it is not stated if a specific age group is especially prone to these effects. A complete list of the drugs in question may be obtained from the Food and Drug Administration website.

Unintended consequences of drugs, whether prescription or over-the-counter, are often referred to as side- effects. Unfortunately, many times side-effects are not discerned until a product has already been in use. As stated above, there are currently hundreds of non-FDA approved cough and cold medicines circulating. Should you or a loved one experience harmful side-effects from these drugs produced and distributed dishonestly, a Stephen Bilkis and Associates is prepared to offer guidance, legal counsel and representation.

If you or a loved one has been charged with a felony, drug possession, white collar crime of theft crime, it is important to obtain legal assistance as soon as possible to ensure that your rights are protected. Come into to any of our conveniently located offices throughout New York. We will provide you with sound legal guidance and a free consultation.

A twenty year-old man from Macomb faces charges for driving under the influence, marijuana possession, and a possible charge for contempt, as he spit on the floor in the courtroom during his hearing. The Illinois State Police arrested the accused early on Sunday, where he was driving with a suspended/revoked license, found to be in possession of marijuana, and driving under the influence of drugs.

Since the man failed to appear in court in the past, he is also wanted in the state of Tennessee. His hearing was held on Monday at the McDonough County Circuit Court, where in order to be released he would have to post $450 to make bail, but he claimed that he could only account for $300 total. The man seemed outwardly troubled, as he shared about the difficulties of traveling place to place, and struggling with family problems. A New York Criminal Lawyer expounds, that while the man was walking toward his seat in the courtroom, he allegedly spit on the floor, and was later questioned by the Sheriff's deputy as to whether this was an accident or not.

After the accused was dismissed, an assistant county prosecutor filed an appeal that the act of spitting was a direct sign of contempt toward the court. No ruling has been made yet, regarding the petition against the accused for spitting on the floor. The man is currently residing in the McDonough County Jail, until his next hearing on Wednesday.

Sometimes situations happen in life that set us back and leave us feeling trapped, but with the help of a skilled legal counse, you can find hope. There is no reason to try and navigate the legal system alone without any guidance, but with the assistance of a Stephen Bilkis and Associates you will have solid professional support on your side.

A Sag Harbor woman was charged with driving while intoxicated after she ran her car into a utility pole, according to reports from a New York Criminal Lawyer. The driver and her two small children sustained injuries in the crash.

The 34-year-old mother was charged with an aggravated felony, DWI, and a misdemeanor, endangering the welfare of a child, following the accident, a New York Personal Injury Lawyer was told. In Southampton Town Justice Court, her plea was not guilty, sources told New York Car Accident Lawyers. She was released on $5,000 bail.

The woman lost control of her vehicle while driving in Bridgehampton. She swerved into the northbound lane and knocked over several poles, dropping live wires over the road. Authorities had to close the street for several hours.

The woman and her children, ages 2 and 6, were taken by Fire Department rescue workers to Southampton Hospital, where they were quickly treated and allowed to go. Grandparents claimed the children at the behest of county Child Protective Services workers. No one could reach the mother of the children for comment.

A car accident is a traumatic event and having to go through legal proceedings does not make it easier. Whether you have been charged with a DWI, drug possession or sex crimes, it is important to obtain skilled legal guidance. When the time comes for you to be represented in court, speak to Stephen Bilkis and Associates for guidance and a free consultation. We have offices to serve you in New York City, including locations in Manhattan, Queens, Brooklyn, the Bronx and Staten Island. We also have locations in Nassau County and Suffolk County in Long Island, as well as Westchester County. Call us today to schedule an appointment at 1-800-NY-NY-LAW.

The Maryland State Police Department is encouraging friends to tell on their friends, states a New York Criminal Lawyer. The State Police are encouraging motorists to call in to 911 if they see people driving erratically or dangerously on the roads during the winter months. They believe that residents in the state would rather call and tell on a person who is driving drunk rather than allow that person to hurt someone else.

They started the campaign before the Super Bowl and wanted motorists to look out for fellow motorists who might have had a few too many to drink while watching the game. The campaign was successful and there were more people using designated and sober drivers instead of taking a chance behind the wheel themselves. They want to extend the campaign and have motorists looking out for other potentially drunk motorists all of the time to prevent injury accidents related to alcohol.

The program was created and advertised using grant monies. The push for the safe roads will continue on in to the spring months, because drunk driving is a year-round concern. In previous years, there were severe accidents and the police did not want to have a repeat of those days. They will continue to encourage all residents to get a designated driver, a sober driver or to call the police if they suspect someone is driving drunk on the roads.

Our office can assist you or a friend if you are facing a DWI. The New York Criminal Attorneys are trained to handle any type of court case you are facing. Consult with a New York Criminal Attorney iif you have an upcoming criminal matter to face.

A man accused of stealing a high dollar purse tells a Manhattan jury that he is too stupid to be a burglar, especially since he was not even aware that he was in a hotel where the crime occurred, according to a New York Criminal Lawyer. The Defendant is a convicted gun carrying car thief and shoplifter but claims to not have the intelligence to also be a burglar.

He was accused of sneaking into the Soho Grand Hotel in 2007 during a movie shoot and stealing a Balenciaga purse worth $2000. The purse belonged to Kirsten Dunst. He was arrested and went to trial on the burglary charge. His defense at the trial was that he was a drunk and was not even aware that he was in a hotel. He also used the defense that he is a myopic mongoloid who was incapable of the theft.

The Defendant then claimed to have been invited into the hotel by a friend who was involved in a drug deal at the time. His friend was allegedly going to the hotel to deliver drugs to an actor on the set and the delivery spot was the penthouse green room. The penthouse green room was being used by the British actor Simon Pegg and by the purse owner Dunst at the time.

The jury heard the details and spent a day deliberating the charges on the man but did not produce a verdict. The too stupid defense may have been effective. They will start their second day of deliberation to try and reach a verdict on whether or not the thief is smart enough to be a burglar.

If you have been accused of burglary, contact a legal counsel for your defense. There are many elements of your case that Stephen Bilkis and Associates will able to navigate you through.

Don’t plan on driving around in your tricked out car with the radio at full blast. New laws could make you a criminal in Florida if you have a car that is too noisy and police catch you, according to a New York Criminal Lawyer. Police are handing out fines and writing people up for laws that went in to affect that were meant to protect people’s hearing and privacy. Now, those laws are being challenged by people with tickets because they say the noise laws are too strict.

The “offenders” say they are not criminals and playing music within their car is not a crime. The law states that if someone – namely a police officer – can hear the music and they are at least 25 feet away, they can write you a ticket for the offense. People within the cars may have the music on and if the wind carries it the right way, police 25 feet away can come after you. The people riding in those cars believe that is not fair and that the distance by which a person can hear a radio or CD should be farther away.

Other cities besides the ones in Florida are also looking at tougher noise laws. Officials believe that if by making noise laws stricter and making them criminal offenses, people will pay attention to the law a bit more. The noise laws were created because citizens who didn’t have loud radios were tired of their cars shaking while sitting at a red light or a stop sign next to someone who had it up way too loud.

Whether you have been charged with criminal mischief, drug possession, or a DWI, it is important to speak with legal counsel as soon as possible. If you have questions or concerns regarding a potential case, call us today for a free consultation.

A bus driver in Mount Prospect is counting her lucky stars recently, claims a New York Criminal Lawyer. A judge granted the bus driver 2 ½ years of probation instead of a jail sentence for her crimes in a DWI case. The DWI occurred last March when the driver failed a field sobriety test. Her blood alcohol limit tested to be .226, which is more than three times the legal limit allowed for anyone to be behind the wheel.

The bus driver was driving under the influence as she dropped off approximately 45 students to their houses after school one day. She admitted to drinking two vodka tonic drinks during her lunch hour, before driving the students home from school. The bus driver was then fired from her position as driver. The driver’s supervisor was also fired for failure to report an incident.

There was a call made to the school district that alerted the supervisor that drinking might have been taking place during the lunch hour. The supervisor did not notify police, which the school says violated their policy. According to the New York Criminal Lawyer, the supervisor and the bus driver were fired for their conduct. The bus driver was charged with a DWI, and ordered 2 ½ years of probation, along with 480 hours of community service, attend alcohol counseling and pay a fine to the city. There is no word on if the supervisor faced any charges related to the incident besides losing their job.

Stephen Bilkis and Associates can represent you in a DWI case. Our skilled team of lawyersare trained to handle any criminal matter that you or a friend may face. Call us today for advice and a free consultation. We jhave offices located throughout New York City, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island and Westchester County.

Officers of the New York Police Department have been accused of allegedly sodomizing a man during an arrest and claims to have proof, according to a New York Criminal Lawyer. The Brooklyn man, 27, claims to have information that the police officers altered the underwear he was wearing at the time of the event.

The attorneys for the man had called for a press conference to announce the new accusation but cancelled the event when the lawyers for the police officers demanded an emergency hearing and a gag order. The police attorneys succeeded in obtaining the gag order and a federal judge requested that the Plaintiffís attorneys not release the pictures demonstrating the proof of the altered underwear.

The man claims that the police baton used at the time of his arrest would not have produced the tear that was in his underwear. If the tear was from the baton, there should be a flap of cloth in the same area but the flap is no longer present. The Plaintiffís attorneys have concluded that the underwear was altered following the arrest suggesting tampering with evidence.

The new evidence is important in that during the police officer's criminal trial, an expert witness for the police officers testified that a flap should have been present. The officers were acquitted but the jury did not hear the evidence of the underwear tampering. Pictures taken at the
time of the arrest of the man did show a flap and this is the proof of tampering that he wants publicized.

The police officers and the NYPD are being sued, and do not want the tampered evidence presented to the jury. Prosecutors, on the other hand, stated that the jury did see all the evidence including the pictures obtained before the tampering
and still acquitted the officers.

Being charged with sex crimes is a serious offense. It is important that your rights are protected. There is no better representation for you than Stephen Bilkis and Associates.

Even though the body of a 10-year old disabled girl has been found, authorities have not had any luck finding the girl's severed head. The girl's stepmother has been charged with killing the girl and dismembering her body, reports a New York Criminal Lawyer. Law enforcement officials were able to locate the girl's body with assistance from the stepmother, who has been charged with the murder.

The stepmother, who has also been accused of abusing the girl prior to her death, appears to show little remorse for her actions. The girl, born in Australia, developed bone cancer when she was young and lost one of her legs and much of her hearing. She lived with her father and stepmother in the United States. Her biological mother still lives in Australia. Neighbors, friends and others report having seen bruises on the girl and also witnessed verbal and emotional abuse. The stepmother was apparently married to another man when she married the girl's father. The man lived across the street from the girl and her family and pretended to be the stepmother's brother.

Even though she was reported missing on October 9th of last year, law enforcement officials believe the girl went missing earlier than that. At the end of October, law enforcement found the girl's prosthetic leg and were able to identify it as hers using the manufacturer's serial number. Skeletal remains were found on November 3 and in the days that followed.

In addition to the kidnap and murder her stepdaughter, the stepmother also forged a ransom note. The ransom note asked for 1 million dollars. The stepmother is also being charged with hindering an investigation because police had to spend time to determine whether the note was real. The father has not been charged with any crime even though the stepmother has accused him of inappropriate behavior after the girl's remains were discovered.

While charges are pending against the stepmother, formal charges have not been filed because the girl's head has not yet been recovered. It is hopeful that the stepmother will reveal the location of the severed head so the girl may be put to rest in a compassionate manner. So far, the stepmother has shown little guilt or remorse for her actions and instead blames the girl and the father for her behavior.

Stephen Bilkis and Associates can help you through your legal troubles by providing insight and advice. Contact us today for a free consultation.

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, contact a New York Criminal Lawyer. 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.

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 New York Criminal Lawyer for representation it does not appear the landlord has retained representation. This may be because no formal charges have been filed, but advice 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.

If you find yourself in a position in which criminal charges are likely or pending, whether charges involve drug possession, a theft charge or assault, contact Stephen Bilkis and Associates immediately. No one should stand alone in a courtroom and our legal team will offer the best defense possible. We have offices throughout the New York area, including all the boroughs of New York City, Long Island and Westchester County. Call us today for a free consultation.

Those not wearing seat belts and driving under the influence of alcohol are now being targeted by police officers of both Iowa and Illinois. They now have more officers in those areas patrolling the streets looking for these violations, according to a New York Criminal Lawyer. Click It or Ticket and You Drink and Drive are two long time campaigns that are now linked together according to the Illinois Department of Transportation.

The extra patrolling being done in Iowa is know as the special Traffic Enforcement Program, or TEP. This will include 2,000 extra seat belt enforcement zones and much more patrolling at night to enforce these laws. This also includes 68 roadside safety checks.

Illinois has had a decline in deadly traffic accidents at a time of the year when numbers are usually on the rise due to increased travel with the holidays. Last years drop in fatalities was the first time since 1921 that there have been less than 1,000 people killed on the road. The state is also on track to be below 1,000 again this year.

Even though the numbers have been on the decline, the DOT is warning drivers to use caution on the road in this holiday season. Dan Wood of the DOT said."It's a time (of year) when we can forget that risky driving behavior can kill. Even one death, as everyone knows, is too many." There was a fatality on Halloween that killed a 40 year old trick-or-treating with her son.

If you have been charged with a DWI, then you need the assistance of Stephen Bilkis and Associates. Call us today for legal guidance and a free consultation. It is important to act promptly, to ensure that your rights are protected throughout your legal proceedings. We have offices located throughout New York City, including offices in Manhattan, Staten Island, Queens, the Bronx, and Brooklyn. We also have locations in Nassau County and Suffolk County on Long Island and Westchester County.

A woman in Arizona was found guilty of participating in the deaths of a father and his daughter. The killings took place in 2009. The woman, an anti-illegal immigration activist, and two men forced their way into the family's home, claims a New York Criminal Lawyer. The two men shot and killed the man and his daughter and wounded the man's wife. The wife survived and called the police to report the killings. She says that she misses her family and blames the woman for destroying her life.

The woman, who is the head of an anti-illegal immigration watchdog group called the Minutemen American Defense, claims she is innocent and did show any remorse for her actions during the trial. This lack of remorse may have prompted the jury to sentence her to death, reports a New York Criminal Lawyer. In addition to being convicted of first-degree murder, the woman is the third woman in Arizona currently on death row. According to the district attorney, even though the woman may not have actually shot the man and his daughter, she planned the attack and got the two men to follow through with her plans.

It is suspected that the woman suffers from emotional problems and may have been abused as a child. She claims she targeted the man because he was a suspected drug dealer. She told news reporters when asked about what she had done that no one with children should sell drugs. No drugs or other illegal substances were found at the home when police arrived on the scene. The apparent motivation for invading the man's home was to steal jewelry, money, drugs and other items to help fund the Minutemen American Defense, says a New York City Criminal Lawyer. Jewelry belonging to the family was found by police at the woman's home. After finding the jewelry, the woman was arrested and taken into police custody.

To gain entry into the home, the woman and two men posed as border patrol officers. The man, his wife and daughter were all natural-born United States citizens. They lived ten miles from the Mexican border. The two men suspected of firing the weapons that killed the man and his daughter go on trial sometime this year. The two men may also receive the death penalty if convicted of killing the man and his daughter.

Whether you have been charged with murder, sex crimes, a drug or theft crime, it is important to seek legal guidance as soon as possible. Stephen Bilkis and Associates there at your side throughout the legal process to offer advice and counsel.

It’s a sad day when the ice cream truck driver in your local neighborhood is arrested for driving under the influence. And, not just driving under the influence, but being nearly three times over the legal threshold, reported the New York Criminal Lawyer.

It’s a very lucky thing that the man was arrested, as he could have harmed others. As it was, the truck driver did almost hit a child and that is why the police were called. When they arrived on the scene, the trucker fell out of his ice cream vehicle and staggered over to the police. When asked what his address was, he gave them the date of his birth instead.

The man was arrested on the spot, indicated a Manhattan Criminal Lawyer, and was charged with DWI and spent some time in jail, sobering up. This case could have turned out a lot worse than it was, considering the man’s blood alcohol content was 0.227. In other words, he was more than just impaired; he was pretty much unable to function, talk, or walk coherently and had no business being behind the wheel of a vehicle. That being said, despite his arrest and time spent in jail, he is entitled to a well thought out defense.

Everyone charged with a criminal offense whether it be a DWI, assault or drug charge, is entitled to a vigorous defense. It is important to contact legal counsel right away if you have been arrested. Do not talk to the police or volunteer any information. Save the discussion of what you were doing for your lawyer.

It’s the law of the land that says those who are charged with a crime must be considered to be innocent, until they are proved guilty. Even in drunk driving cases, there are defenses that may be used to assist the driver to retain their license, have their sentence mitigated or possibly thrown out of court.

The important thing to remember is that even though something may “look” like it’s a crime or that the driver was drunk, there are cases where what you see is “not” what actually happened. Anyone charged with a criminal offense is entitled to have their say in court and the only way that will happen is with the assistance of a qualified legal counsel.

Contact the law offices of Stephen Bilkis and Associates for advice and guidance. We will advise you of your legal options and provide you with a free consultation. We have offices in New York City, including Manhattan, Staten Island, the Bronx, Brooklyn and Queens. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today at 1-800-NY-NY-LAW.

This is a disturbing case in which a man under the influence of alcohol started to drive his car after his girlfriend had been arrested. He was taking over and trying to drive as there was no one else around to drive him. Sadly, the man drove his car into a tree and killed the woman’s 5-year-old boy, reported the New York Criminal Lawyer.

The ultimate result in this case was that the man was found guilty of aggravated driving under the influence and will do three to fourteen years in prison. This crash was particularly horrific in that it happened at high-speed and the little boy had no chance.

The facts of the case appear to be that the man driving the car stated that the police ordered him to drive after his girlfriend was arrested. He claims he argued with them that she was his designated ride. However, that argument didn’t go over with the police, as the girlfriend was driving with a suspended license.

The man took off in the car and a high rate of speed, slammed violently into a tree, bounced off the tree into a fence and the eventually tore up a pine tree by its roots. When arrested, his blood alcohol level was twice the legal limit. The little boy was alive when emergency response crews arrived at the scene, but died later in hospital.

Despite what this case may have looked like on the surface, there was a stated defense for this man and that was he was a victim of entrapment and necessity – meaning that he only got into his car to drive because a police officer ordered him to drive and said he’d be arrested if he didn’t do as he was told. The girlfriend in this scenario informed the police the man was drunk.

However, there was rebuttal testimony that indicated the girlfriend had actually pleaded with the police to let the man drive the little boy home.

Whether you have been charged with DWI, sex crimes, gun possession or assault, it is important to ensure that your rights are

A 16 year old girl and a 13 year old boy are shot and killed after talking back to their 50 year old new mom, as reported by a New York Criminal Lawyer. The mom didn’t deny the shooting and killing of these two children.

The mom was already confronted once by police a few months earlier when they went to her residence for an abuse call. The mom would slap her children in the face for talking back. The police couldn’t really do anything at that time for lack of evidence. A police spokeswoman said that this seemed like a normal incident of high tension between a frustrated mom and teenage children. The police didn’t think this woman would eventually shoot her children.

The daughter had been going to a school counselor because of her own lashing out at her mom. She regretted how bad she had talked to and treated her mother. The counselor did say that she was told the mom would sometimes slap the children in the face for talking back. This really frustrated the teen girl who was used to being grounded for discipline and not hit. The counselor told the teen that a mother should not be slapping anybody in the face.

The hitting did continue to get worse. One time the mom hit the girl in the face for about 30 seconds on the way home. Once home she tried to continue hitting her but the teen caught her mom’s hand, stopped the hitting and decided to stand up to her mother instead of allowing her to keep physically abusing her.

The mom is a step-mom and not the birth mom. The children would often tell the mom that she was not their mom and this lead to more hitting and helped increase the frustration felt from the mom and the children.

After shooting her children, this 50 year old Tampa lady is being held without bond until her trial. The trial date has not been set and she is being help in a Florida State Correctional Facility.

Whether you have been charged with domestic violence, a drug crime, or a theft crime, don’t ever go to trial without the help of qualified legal counsel. Even if it looks hopeless and you are facing serious charges, don’t give up.

A man held for 14 days in 2003 for alleged ties to a terror suspect has filed a lawsuit against a former Attorney General. The man claims that he was stopped at Dulles International airport in Virginia and taken to various places throughout Virginia, Oklahoma and Idaho for questioning. During these sessions, the man was grilled on various subjects including his religious beliefs, ties to terrorism groups inside and outside the United States and his relationship with the terror suspect police officials had in custody, reports a New York Criminal Lawyer. The man was eventually released and never had to appear as a material witness. The other man's trial resulted in an acquittal in 2004.

The man, a U.S. citizen, converted to Islam while attending the University of Idaho. It was there that he struck up a friendship with the other man accused of terrorism. On that day in 2003, the man was on his way to Saudi Arabia to learn more about his religion, study the language and learn more about the culture when he was detained at the airport. The man currently lives in Saudi Arabia and is being represented by the American Civil Liberties Union (ACLU).

This case will probably end up being heard in front of the Supreme Court. While most agree the court will side with the Attorney General, some believe the decision to do so will be a tough one. The man's case rests on the fact that he was wrongfully detained as there was no evidence he was a part of any criminal activity or that he knew of any terror plots against the U.S., explains a New York Criminal Lawyer. The man also claims that law enforcement coerced him into answering questions because they told him he was to be a material witness during the other man's trial.

Newly appointed Supreme Court Justice Elena Kagan has recused herself from this case since she used to be President Obama's solicitor general. The remaining justices will hear the case and make their judgment based on the evidence presented. This is relatively new legal territory as the Supreme Court has heard few of these types of cases since 9/11. They must take into consideration the political climate at the time and the rights of the man suing former Attorney General Ashcroft. This decision may affect future court cases heard in the Supreme Court and in other courts throughout the United States.

If you have questions about pending legal proceedings, or have been charged with a drug possession, a theft crime, or white collar crime, contact legal counsel right away to ensure that your rights are protected.

An elementary school principal has been arrested for obstructing officers. The incident occurred Monday evening as police responded to a burglary call and was in the process of arresting the boyfriend of the principal’s daughter. At some point during the time that police were on the scene, the principal became loud and belligerent which led to the accumulation of a crowd outside. It was at that point that police say they had no other choice than to arrest the principal as her commotions were arousing the gathering crowd of onlookers. The principal’s daughter has stated that her mom was only questioning the officers and had done nothing wrong.

The day following the incident, the principal was noticeably absent from school, as the local school board had placed her on suspension with pay pending an investigation, which they say is standard procedure. The local parents and students were left wondering what happened and why should the incident have led to her being suspended from her job when she was apparently doing a good job with the children. Some other parents, however, are asking some different questions, such as how can a school principal lecture their children on anger management when she cannot control her own temper.

A New York Criminal Lawyer has also learned that the principal has had some controversy in the past that was a function of her job. The resulting investigation of the on-campus spanking was inconclusive.

There are so many other factors that have not discovered as of this writing, and we are still awaiting comments from local law enforcement officials and from the local school district. Both are continuing their investigations. Thus far, there have been no indications as to why the principal lost her cool, or why she did not heed the law enforcement officers when they advised her to remain calm or they would have to arrest her.

In the meanwhile, the principal was released on a $150 bail and is awaiting the results of the schools investigation that will determine how soon or even if she can return to work.

When you have an encounter with the legal system, it can be a frightening experience, as many just do not understand the way it works. Whether you have been charged with sex crimes, burlgarly, assault or other criminal matter, it is important that your rights are protected. our legal team and Stephen Bilkis and Associates are fully qualified to stand up for you or your loved one and work to resolve the issue and get you back on the path that you need to be.

A New York Criminal Lawyer has learned that one man who was getting a haircut has stabbed another man. While this in itself may not seem terribly out of the ordinary, the result is that one New Haven, CT, man is in the hospital and another is due in court on March 22 to answer to first-degree assault charges.

For the sake of this story, so as not to mention any names, we will refer to the man getting the haircut as man A, and the other as man B. The incident began when man A was sitting in a chair at an apartment while getting a haircut. About halfway through the haircut, man B walks into the apartment. Man A and man B had been arguing earlier and man A thought that man B had come to the apartment to harm him. Before it could truly be determined whether man B had the intentions of doing man A any harm, man A slashed man B in the back with a pair of scissors.

When police arrived at the apartment, man A was taken into custody without incident. As of this writing, the local police department has not returned calls left by a Long Island Criminal Lawyer . It has been learned however, that man A is also wanted by authorities for a second-degree failure to appear warrant that was issued for a previous arrest. No information on the victim (man B) can be learned at this time. Man A had cuts on his face and back and was being treated, but expected to recover.

The really bizarre thing is that during the course of the investigation, a photo of man A’s mug shot was spotted, which the alleged suspect is sporting half of a rather large afro type hair style, while the other half of his head had already received a hair-cut.

Thus far, there is no further information available, especially as to what the initial argument was about, or whether man B had actually gone to the apartment to finish the argument.

If you have been charged with assault, battery, or other crime, contact Stephen Bilkis and Associates for guidance and a free consultation. We have locations to serve you throughout the New York area, including offices in the Bronx, Manhattan, Brooklyn, Queens and Staten Island. We also have locations in Westchester County, and Nassau Couny and Suffolk County on Long Island. Call us today to schedule a consultation at 1-800-NY-NY-LAW.

A man was convicted in Chicago of killing a young boy when he crashed his car into a tree. The boy was five-years old, reports a New York Criminal Lawyer. The incident occurred after the boy's mother was arrested for driving with a suspended license. The police officer at the scene took the mother into custody, but allowed the man, who was under the influence, to drive the boy home. The man was sentenced to three to 14 years in prison.

The initial incident took place in the Chicago neighborhood. The boy was eventually killed not too far from where his mother was arrested.

Throughout the trial, the mother of the boy insisted that at the time of her arrest, she told the police officer at least three times that the man was drunk and that she was the designated driver. She claims that the officer ordered the man to drive the boy home and even threatened to arrest the man if he did not comply. The man's blood-alcohol limit was twice the legal limit at the time of the accident. While driving, the man lost control of the car and slammed into a tree. The car then hit a fence and uprooted another tree, says a Manhattan Criminal Lawyer. The man claims he had no choice but to follow the police officers orders or face being arrested just like the mother.

The officer on the scene denies the mother's story. According to the district attorney, the mother actually pleaded with the officer to let the man take the boy home. Witnesses at the hospital where the boy died stated they overheard the mother telling a relative that she did indeed ask the officer to let the man drive. The district attorney also claims several other inconsistencies in the man and the mother's story. Apparently, the jury felt the same way and convicted the man of killing the boy.

It is unclear if the mother will face additional charges. The boy was killed last spring. The man was only recently sentenced for causing the boy's death. The lawyer for the man stated during the trial that the man was a victim of entrapment because he was forced by the officer to drive while under the influence. The lawyer also claimed that is was "necessary" for the man to follow the police officers orders.

Contact a Stephen Bilkis and Associates when facing legal issues. Whether you have been charged with a DWI, drug crime or sex crime, we can ensure that your rights are protected. Our legal team will listen to you and expertly represent your side during a trial or during other legal procedures.

A mother was driving drunk in a school zone this last week in front of an elementary school. She was obviously under the influence after being seen crashing into a stop sign and then continuing to get in line at school in order to pick up her daughter from the elementary school according to a school crossing guard.

The Florida Highway Patrol responded to this accident as it was initially called in as a hit and run, explained a New York Criminal Lawyer. The school crossing guard actually recognized the woman and immediately called the school to notify them.

Of course all this happened at about 3:00 as students where being dismissed for the day from school. The Florida Highway Patrol found this lady waiting in line ready to pick up her daughter from the school as they responded to this call. At that time the police took her into custody and tested her blood alcohol level. She was well above the legal limit as she took the breath test. This mother tested at 2 ½ times the legal limit.

The legal limit is set at .08 and this lady had a blood alcohol level of .20. She wasn’t just charged with a DWI but the arrest included the fact that she had committed a hit and run by not stopping after running over the stops sign. This caused a lot of anger and outrage from the other parents waiting in line to pick up their children.

A Stephen Bilkis and Associates can help you if you are being charged with a felony. Stand up for your rights and get help today. We have offices to serve you throughout the New York area, including locations in Manhattan, Queens, Staten Island, the Bronx, and Brooklyn. We also have locations in Nassau County and Suffolk County on Long Island, and Westchester County.

A New York Criminal Lawyer has learned that a former county official that lost her job after being arrested on corruption charges has been collecting unemployment benefits. Her former boss had approved the unemployment benefits before he left office, even though she had been charged with more than one felony for her alleged part in bids for county projects. The charges allege that the former county official directed contract awards either to companies that she owns, or to companies that her friends own.

The current County Board President reported that the unemployment approval was in place before she took office. The county commissioners had originally directed the former Board President to fight the unemployment benefit claim, but the claim was processed and approved regardless.

There is much discussion in the county at this time, as to how the former county official can be eligible for unemployment benefits, given the fact that she had been fired, arrested, and charged with multiple felonies. Her former boss had filed for unemployment benefits himself after losing his reelection bid. His claim was denied since as an elected official he had not paid anything into the system, reported a Bronx Criminal Lawyer.

During a recent interview, the former County Board President could not understand how his filing for unemployment “was such a big story.” Yet during the course of the interview, he did not address why he had approved his aide’s claim for unemployment benefits when the county commissioners had requested that it be fought due to the fact that she was charged with crimes against the county and the taxpayers.

There was something that the former Board President did address in the recent interview. He stated that he is seeking employment with a hospital in Turkey. He went on to say just how excellent the health care is in Turkey, and how much cheaper it is than here in the United States. His implication, it would seem, is to discover just how the hospital system in Turkey can be so good, yet can provide health coverage to its citizens at affordable pricing.

The legal system can be very complicated and intimidating at times, it is important to seek legal counsel that has the skills to traverse the system for you in order to achieve your desired results. Whatever the charge, it is important to act promptly and contact Stephen Bilkis and Associates. We will ensure that your rights are protected through every stage of your legal proceedings.

We have offices throughout the New York area, including locations in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today for a free consultation at 1-800-NY-NY-LAW.

A 19-year old female has been charged with aggravated cruelty to animals, which a felony that if convicted carries a maximum sentence of up to two years.

Before we continue, we must add that while some of the events contained in this article may seem bizarre, they are a factual representation of a true event that occurred within a large metropolitan city, and was first reported in one of its major newspapers. The names are being withheld due to privacy concerns of the parties.

It all began with the purchase of a hamster for the 19-year olds’ 9-year old brother. Her older brother, who is 25 and at the time was angered over something, had intentionally kicked the ball that the original hamster was in, which in turn threw the hamster from the ball. As a result of this action, the hamster died, the New York Criminal Lawyer was told.

The 25-year old brother, having felt absolutely horrible about what had just happened sought to make things right for his younger brother and bought him three new hamsters. While this may seem like the right thing for him to do, his 19-year old sister did not think too much of this and in the process she picked up one of the hamsters and “slammed it to the floor.” The hamster, of course, died on impact due to “blunt force trauma and liver damage.”

Thas yet to discover how the local animal society or local law enforcement first learned of this incident, but we had the chance to ask one local official about the incident. The local animal society told the New York Criminal Lawyer that animal cruelty laws apply to all animals regardless of size, and that the felony charge against the 19-year old female, as well as two additional misdemeanor charges of torturing animals and endangering the welfare of a child will also be pursued. Charges have not been filed against the 25-year old son.

The hamsters are no longer staying with the family. They were taken to a friend of the 25-year old son for safekeeping.

Criminal law can often take many twists and turns. Whether you or a loved one has been convicted of a drug crime, a weapons charge or DWI, it is important to ensure that your rights are protected at all times.

It’s a tough environment these days when it comes to finding work to pay the bills. Sometimes that means taking jobs you might not normally consider, because you know you need to keep food on the table. In this case, indicated a New York City Criminal Lawyer, a former cocktail waitress found herself in a difficult situation at work. She stated in her federal lawsuit that she was fed handfuls of drugs and then expected to have sex with the customers.

There was no doubt a hostile work environment for this woman. She worked for one of the largest club operators in her area as a cocktail waitress. The work conditions just got to be too much for her and she chose to quit, move on and file a lawsuit.

The lawsuit was actually filed with several allegations in it that included assault, sexual harassment and conspiracy. Now this lady would have had a choice as to which type of lawyer she would need to file her complaint seeking compensation.

Given that it’s a federal lawsuit, she may have opted to discuss her situation with an employment lawyer. Since many lawyer’s specialize in more than one area, it’s like the attorney would have also been able to handle the other issues listed in the complaint as well, from a plaintiff’s perspective, added the Brooklyn Criminal Lawyer.

However, if this case was to proceed criminally, the defendant would also need legal counsel, as all defendants charged with a criminal offense are entitled to a thorough and well thought out defense in response to the charges.

Considering this case from the defendant’s point of view, the charges may well be refuted and proven wrong is there was any evidence that the woman who brought the lawsuit had a history of using drugs. In the alternative, if she was considered to be an escort or other sex trade worker then that information could also be used at trial to rebut her allegations.

In addition, there would likely be some background investigative work done on a case like this to check into the woman’s work history and find out what her friends and co-workers have to say about her, on and off the job.

Whether you are contending with a sex crimes charge, a weapons charge or theft crime, it is important to ensure that you rights are protected at every stage of your legal proceedings. Contact Stephen Bilkis and Associates for advice and a free consultation at 1-800-NY-NY-LAW today. We have offices located in all boroughs of New York, including the Bronx, Brooklyn, Queens, Manhattan and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

An 8-year old boy was taken into custody by police after he assaulted a school employee in Florida. After disrupting his classroom, the boy, a special-education student, left the school grounds followed by one of the school's behavioral specialists. When the boy returned to the school, he found a pile of sticks and other objects and began throwing them at the behavioral specialist striking her at least once, reports a New York Criminal Lawyer. Other school employees intervened to calm the boy before he was arrested.

This is the boy's fifth arrest for assault and the disruption of an educational institution. In earlier incidents, the boy threw books, broke windows, chased other students and threw chairs at teachers and other school employees. During one incident, the boy insisted that he be sent to jail. School officials are unsure as to why the boy continues to act out in a violent manner, says a New York Criminal Lawyer. Last December, The Florida Department of Children and Families was notified about possible child abuse at the boy's home. Reports show that while the boy suffered an injury, there was not enough evidence to support child abuse was the cause.

Over the past few months, the boy's violent tendencies have increased, according to school officials. The boy was arrested in November and December for assault. The boy has since been arrested three more times. Charges ranging from assaulting students and teachers to destroying public property have been filed. In addition to throwing books and chairs in the classroom, the boy has also damaged computer equipment. Whether or not the boy is acting out due to abuse at home is unknown at this point.

The Florida newspaper covering this story is refusing to identify the boy since he is underage. After his arrest, the boy was taken into custody in handcuffs. He had to stand in front of a police camera for a mug shot. According to the newspaper, the boy did not appear happy or comfortable even though he had said after other incidents that he wanted to go to jail. Getting the boy treatment to discover what troubles him may be the next step. Further investigation into the boy's home life may also be another option for the Florida Department of Children and Families. It is unclear as to what will happen to the boy now or if he will be allowed to return to school.

Speak to a skilled lawyer who can clearly explain the legal process and your rights.

This was a really rough case for the local community and for all those involved in the search for a missing girl. The ten-year-old had lost her hearing and one leg as she fought bone cancer, said a New York Criminal Lawyer. Unfortunately, the girl was reported missing in October. It wasn’t until November that her body parts were found. Additionally, the police felt that the girl had been missing even before she was officially called in as a missing person.

The child’s stepmother was charged with murdering, abusing and desecrating her body. The police were unable to find the girl’s head despite a massive search over two different locations. There were indications of tool marks on the bones that were found, a fact that indicates the girl was dismembered after she was dead.

Based on evidence collected over the course of the investigation, the police were able to determine that the stepmother had consistently relied on verbal, physical and psychological abuse when interacting with her step-daughter, reported the New York Criminal Lawyer. Because the woman was in a position of trust, she was able to take advantage of that to kill the girl and then hide her body to delay detection and prosecution.

There were no reasons given why the stepmother chose to kill her stepdaughter. However, there were further allegations that the stepmom wrote a fake ransom note for one million dollars and that she wrote a letter while in jail, admitting the girl was dead and she felt sorry that she was caught. She tried to diffuse public reaction to her alleged crime by pointing a finger at the husband.

Even though this case does not look hopeful on the surface, it may not be what it looks like. This is the main reason to not assume that the woman is guilty of anything, until a case is actually made and she is proven to indeed be guilty. There are many criminal defenses that may be used to protect the stepmother’s rights and to make sure she is well represented, she would be best advised to speak to skilled legal counsel right away.

Everyone one, whether they are charged with a crime or suspected of a crime, including sex crimes, weapons charges or drug offenses , is entitled to a defense. That is why the whole foundation of the criminal justice system is innocent until proven guilty. To find out what your legal rights would be in a case like this.

If or a loved one has been charged with a criminal offense, it is important to speak to qualified legal counsel right away to ensure that your rights are protected throughout your legal proceedings.

Just when you think you have heard the entire story, new information has been revealed that prior to a well known baseball player's DWI arrest in February; he apparently had some choice words to say to some folks at a local restaurant.

The apparently intoxicated gentleman had stopped into a local restaurant at about 10:30pm when the manager told him that the restaurant was closing. He proceeded on into the restaurant when was informed by the manager again that the restaurant was closing. Was reported to have made repeated comments to the manager that he did not know who he was. A New York Criminal Lawyer was also told that he leaned into the manager’s face and said, "I know all of you, and I will kill all of you and blow this place up," as he patted the side of his shoulder bag.

It was at this point that the manager instructed a bartender to call 911, and the off-duty wildlife officer who had been inside the restaurant speaking with his friend, the manager, stepped out to his vehicle to collect his badge and firearm. It was at this point that the baseball player exited the restaurant and sped away in his vehicle while continuing to shout obscenities at everyone within hearing distance. It was not long afterwards that the police arrived.

About 30-minutes after the incident at the restaurant, the man's vehicle was spotted on the shoulder of the same road as the restaurant with smoke coming from it. When the deputy approached him, the deputy smelled alcohol, and according to the arrest report, the player actually turned up a bottle of scotch and took a drink in front of the deputy. It was at this point of the incident that he was arrested for DWI, and for resisting arrest without violence after he put up a small struggle with deputies.

Neither the baseball team, or his attorney had any comments. As of this writing, his attorneys have entered a plea of not guilty with the court.

Have you or a loved one have had a run-in with the law? If you have been charged with a criminal offense, it is important to speak to legal counsel right away to ensure that your rights are protected. Stephen Bilkis and Associates knows the way around the potential legal quagmire that awaits you, and can assist you in reaching a satisfactory conclusion.

An FBI SWAT team executed a search warrant on Wednesday, and made one arrest connected with the case, reports the New York Criminal Lawyer. The arrest is a result of the so-called isolated event that occurred on Martin Luther King Day that involved a backpack that was reportedly filled with enough explosives to cause lethal damage to bystanders.

Arrested is a 36-year old, ex-soldier that allegedly has ties to a white-supremacist group. This is reportedly the same group that was founded by the author of “The Turner Diaries,” that was the focus of setting the guidelines for the 1995 Oklahoma City bombing. It is thus far unclear as to whether he is the only person of interest in this case.

The suspect has already been arraigned in U.S Federal Court, which he has waived his hearing for bail. The suspect could face life in prison if convicted of several felony offenses including of the attempted use of a weapon of mass destruction. A separate charge of possession of an unregistered explosive device could net the suspect another maximum sentence of 10-years in prison if convicted. His next scheduled court appearance is set for March 23.

The Suffolk County Criminal Lawyer has heard much discussion, thus far, as to whether this should be classed as a hate crime. In simple words, a hate crime is considered by most states as any crime that involves “threats, harassment, or physical harm and is motivated by prejudice against someone's race, color, religion, national origin, ethnicity, sexual orientation or physical or mental disability.” The facts of this particular crime fit many of these definitions, as the explosive device was planted along a parade route that was to be primarily frequented by persons of a certain race, color, or national origin, and sought to cause threats, and/or physical harm to those persons.

The homemade bomb that was found on MLK Day was no makeshift device, as the explosives were laced with rat poison, which serves as an anti-coagulant. These were all factors prompted officials to pursue this case as one of domestic terrorism.

When you have a question about the legal system or are dealing with a criminal charge, contact Stephen Bilkis and Associates. Our legal team has the education, background, and experience to ensure that your rights are protected. As stressful as a criminal charge can be, it is important to take prompt legal action. Depending on the charges, you could be facing prison, community servce, fines and probation. The sooner you enlist the services of a qualified lawyer, the better chances you will have for a positive outcome.

Continue reading "FBI Makes Arrest in MLK Bomb Case" »

Two alleged bank robbers have been arrested, claimed a New York Criminal Lawyer. While police and FBI spokespeople have had few public comments yet, the two robbers are believed to be behind other recent bank robberies in a different district this month.

The arrests are part of a joint law enforcement investigation that included officers and agents from the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, and Firearms (BATF), and officers from various state and local police departments. Both bank robberies had similar methods of operation (MO), that included what appeared to be a pipe bomb left at each location, that later proved to be fake.

The suspects are being called the ‘copycat robbers’ as they were copying a robber from another series of bank robberies that had occurred in the area that also used fake bombs while pulling off heists, a Queens Criminal Lawyer was told. The particular bandit the crime duo was mimicking was sentenced to 20 years in federal prison just last month for his crimes.

Agents were able to apprehend the suspects as a result of a tip that alerted the agents and officers to the possible whereabouts of one of the robbers and of his next planned target. As a result of that tip, they were able to find evidence in a dumpster behind a neighborhood house and were able to trace the robber from there. It has also been reported that when agents approached the robber, there was no altercation and one came clean to what his plans and intentions were for his next robbery attempt.

The arrests caused quite the stir in nearby office buildings, as many workers congregated at the nearby windows to catch a glimpse of the activity nearby. Some were citing that as many as six workers were cramped into one office just to see what was going on as the arrests took place.

According to recent statistics, bank robberies have been on the rise over the past few years, and are believed to be related at least in part due to the sluggish economy.

The legal system can be very complicated and daunting. If convicted, you could be facing substantial penalties including prison time, fines, probation, and community service. If you have been charged with a crime, it is important to obtain legal counsel as soon as possible to ensure that your rights are protected.

Continue reading "Bank Robbers Arrested" »

Biloxi, MS, police have arrested an armed robbery suspect that is suspected of holding up a Brinks security guard on Wednesday, a New York Criminal Lawyer has learned. The suspect had confronted a Brinks’ guard who had just completed making a pickup at a local store, and at gunpoint demanded the guard to lie on the floor. The suspect took the Brinks bag and ran away.

Witnesses at the scene described the suspect’s vehicle to police and the suspect was soon spotted by a patrol officer who attempted to stop the vehicle. Following a brief pursuit along a local highway and city streets, the chase soon led into a local neighborhood, police discovered the suspect’s disabled vehicle abandoned with a flat tire. Officers and K-9’s took to the pursuit by foot through the neighborhood yards and the local wooded area. The suspect was taken into custody shortly thereafter without further incident.

As reported by the Stated Island Criminal Lawyer, this incident could have ended badly. When the suspect entered the local neighborhood, there were families and children who were watching as the events unfolded and many were reportedly frightened as they observed the suspect running through yards, and jumping over shrubbery and through fences. The officers on the scene did an excellent job in not only capturing an armed robbery suspect, but also in community relations as when the officers entered the neighborhood, they informed many of its residents to lock their doors and to stay away from the windows for safety’s sake. The residents have stated that they are very appreciative of not only the officers capturing the suspect, but to their rapid response to the scene.

As part of their ongoing investigation, the police have located the Brinks bag, and an old cell phone they have yet to identify, but have thus far not located the weapon that was allegedly used in the robbery of the Brinks guard. Even if it was not a gun, but perhaps only looked like one, it is still armed robbery. Most state laws make that perfectly clear. The suspect’s bail has been set at $250,000.

Whenever legal charges have been filed against either you or someone you love, it is important to speak with legal counsel right away. If you are found guilty, you could be facing significant consequences including prison time, probation, fines and more.

Continue reading "Brinks Truck Robbery Suspect Arrested" »

A former CEO of a major financial firm was recently charged with several counts of white collar crimes that included wire fraud, securities fraud and money laundering.

As of February 28, the former Chief Executive Officer of a notable firm situated in Austin, TX was scheduled to be arraigned in a federal district court to hear his multiple charges. A New York Criminal Layer notes that the man is alleged to have fraudulently raised $50 million from investors in a malicious and manipulative scheme that involved money laundering, wire fraud and securities fraud. The allegations go into greater detail by describing the fact that the defendant manipulated contacts from church as well as former NFL football stars to cultivate this scheme, which had the personal enrichment of the defendant as its primary motivating factor.

The Austin-based firm, which specializes in investments, was placed in receivership in 2009 by the judge presiding over the case in its initial development. This event was a result of the sobering fact that the U.S. Securities and Exchange Commission (SEC) took action against the firm by way of a securities lawsuit. Though the defendant and former CEO of the firm is facing a major indictment of 39 counts, A Brooklyn Criminal Lawyer explained that is has not yet been revealed what the outcome of the indictment was. What is known is that, according to authorities, the man did not act merely on his own behalf. It appears that his investment manipulation also benefitted the Chief Financial Officer of the Austin-based firm, who is not named.

These charges against the former CEO are quite serious and have no doubt devastated the lives of many investors. The significant amount of $50 million that was fraudulently raised from the deceived investors was described by an observer as “…an expanding Ponzi scheme”, implying that the defendant had no intention of backing down from the aggressive deception. What is disturbing is that the demographics of those cheated in this fraudulent scam consisted of former NFL stars and “church contacts”--- people who are generally known for non-profit volunteering and service to the community in tangible ways.

This multiple-count indictment involving extremely serious financial charges will result in major severance being charged to those involved. If you or a loved one finds yourself in in legal trouble, whether it involves sex crimes, a theft charge, or drug possession, it is important to ensure that your rights are protected and that you seek legal guidance as soon as possible.

Continue reading "Former CEO of a Texas-based investment firm indicted on multiple counts of fraud" »

A question of individual rights regarding a child who was rumored to have been allegedly sexually abused by her father has caused great controversy in the courts and between different interest groups

In 2003 in the state of Oregon, a nine-year-old girl was suddenly removed from her public school classroom by a child protection investigator who was accompanied by a deputy sheriff. Operating under presumed intelligence that the young girl had been sexually abused by her father, the two men interrogated her for a period of approximately two hours and sought confirmation that she had in fact been sexually abused. A New York Criminal Lawyer reports that allegedly, the young girl finally confirmed their suspicions; however, at a later date she confessed that she had only given the two men an affirmation because she was afraid and wanted to escape the interrogation.

The father of the girl was arrested, but later released when charges were dropped in regards to this specific case. However, it seems that the father agreed to a plea deal that involved a different charge of sexually assaulting a minor. In response to the interrogation by the deputy and child protection investigator, the family of the young lady filed a lawsuit, which was heard in the 9th U.S. Circuit Court of Appeals, located in San Francisco. A Bronx Criminal Lawyer notes that the case eventually made it to the Supreme Court, following an appeal by the state of Oregon.

A Bronx Sex Crime Lawyer commented that the divisive nature of this issue is evident by the claims made on both sides. Those who support the actions of the deputy sheriff and child protection investigator, such as the state of Oregon and certain child advocacy groups, make the claim that such an action should be allowed. They argue that the protection of the child is the most important factor, not the authority of the parents and the privacy of the family. Those who oppose the interrogation of the girl, such as the Family Research Council and the family themselves, argue that while the best interest of the child is definitely important, the repercussions of future “interrogations” and acts of government-sanctioned family separation have the potential for great abuse. A major concern seems to be: if this landmark case results in greater freedom for authorities to engage children without the knowledge of the parents, then conceivably arbitrary reasons for investigation would endanger the child and unnecessarily undermine the sanctity of the nuclear family.

Such landmark cases as this, which made headway in the Supreme Court, have a special importance. In the future, it may be that such cases become more common, due to the attention shown this one.

Sex crimes are complicated offenses, particularly when a child is the victim. Often the alleged perpetrator is a family friend or relative, which causes even more shock and pain for those involved. Whether or not the accused is guilty of the crime, these charges carry with them an emotional stigma, which creates very real challenges for the accused. The accused may experience difficulties with personal relationships, and problems with housing an employment.

If you have been charged with a crime, it is important to seek legal assistance as soon as possible. The sooner you seek the guidance of qualified counsel, the better your chances are for a positive outcome in your case.

Continue reading "A divisive case of child abuse and parental rights launches to the Supreme Court" »

A city official referred to as the “Street Czar” and entrusted with serving the community of San Diego was recently charged with a serious sex crime: he allegedly subjected an underage female to molestation, as documented by a New York Criminal Lawyer.

According to court documents, the young woman, now 21, was younger than 14 at the time of the alleged sexual misconduct charges, which happened around seven years ago. The accused city official is relatively new to his line of work, being commonly referred to as the “Street Czar” for the city of San Diego. A Bronx Criminal Lawyer notes that on February 28, the 47-year-old man pleaded not guilty in court. The exact statement from the prosecutor in the case says that the defendant allegedly enticed the then-underage victim to touch his private area, a claim that is also said to be corroborated by an external evidence source.

Though the city-employed defendant will not have to undergo jail time during the time of subsequent hearings, a New York Criminal Lawyer stated that according to an official for the city of San Diego, the defendant had been placed on “administrative leave” that does not include compensation. Upon inquiry, the legal counsel of the defendant declined to comment; at the same time, the president of a local union admitted that the arrest was “surprising”, thought went on to affirm the truth that according to American courts, a defendant is innocent until proven guilty. The union president oversees the employment and economical interests of all but 2,000 city employees in San Diego.

For now, the judge presiding over the case has issued a protective order upon the defendant, forbidding him to associate with the alleged victim in any manner whatsoever. Disobedience toward this order would likely result in further consequences for the defendant. The charge pending against the defendant currently carries a felony status, with a matching maximum term of eight years in prison.

Being charged with a sex crime is serious, and can carry many serious penalties that can include prison time, monetary fines, community service and more. Whether or not you are found guilty of the charges against you, these type of charges can create problems with your personal relationships and employment. While these charges can be stressful and embarrassing, it is important to take prompt action and consult legal counsel. The earlier on in the process you do this, the better you chance you have for a positive outcome.

Sexual misconduct is one of many serious sex crimes that carry serious legal consequences, yet is not beyond the scope of legal proficiency for a skilled legal counsel. Serious repercussions accompany the accused in such cases, and it is wise to seek the representation and counsel of a qualified legal counsel. If you or another of relation are currently experiencing a situation similar to that described above, a Bronx Sex Crimes Lawyer has the resources you need to ensure a fair trial and receive comfort and encouragement.

Contact Stephen Bilkis and Associates for guidance and a free consultation. Whatever your charges, we will provide an aggressive defense and ensure that your rights are protected throughout your proceedings. We have offices to serve you throughout the New York area, including locations in Manhattan, Queens, Staten Island, the Bronx, and Brooklyn. We also have locations in both Nassau County and Suffolk County on Long Island, and Westchester County. Call us today to schedule a free consultation at 1-800-NY-NY-LAW.

Just when you think you have heard it all, another story comes along that leaves one asking what were they thinking. A New York Criminal Lawyer has learned that a Maryland man was arrested for DWI early Sunday morning. While sadly that is nothing unusual, what makes this a little different is that the suspect backed his truck onto the hood of a police car.

The 26-year old man had reportedly been in an argument with someone at a local bar, when he decided to give chase to the person, he had been arguing with. That chase ended with the man’s truck having pushed the other person’s car into a utility pole. The story gets better. With the man’s judgment heavily impaired due to too much alcohol consumption, and having just been in an adrenaline inducing car chase, and then being involved in an accident, the man took it upon himself to place his vehicle into reverse and back up. The problem with this is that in so doing he backed onto the hood of an unmarked police car that had come upon the accident scene and had attempted to block the driver of the pickup by using his police cruiser as a barricade. The officer’s tactic worked overall, as the police vehicle did stop the truck from leaving the scene. It just was not exactly the way the officer had originally intended.

Luckily, the officer received only minor injuries and was treated and released from the local hospital soon after. The driver of the pickup, however, was not so luck. Although the man was not aware at the time of the presence of the police car beneath his truck, police were able to convince the man to exit his truck where he was then placed under arrest and charged with DWI, reckless driving, negligent driving, and two counts of second-degree assault.

After posting a $10,000 bond, the man was released later Sunday morning. This was most likely, after he had slept off his dreams of monster truck greatness.

If you have been charged with a DWI, it is important to obtain legal counsel as soon as possible. Whether you are found guilty or innocent, a DWI charge can have a lasting impact on your life. If convicted, you could be facing jail time, probation, fines and community service.

Continue reading "DWI Suspect Arrested on Top of Police Cruiser" »

Police in Nova Scotia have issued an arrest warrant for a 16-year old male they believe to be responsible for at least some of the shots that were fired at a high school this past Monday. The youth is facing multiple charges that include at least eight offenses involving possession of a weapon, and two counts of attempted murder. While Halifax police believe that only two persons, who have not been named thus far, were targeted by the youth, multiple gunshots were fired outside of the high school that the youth does not attend as a student.

Investigators have also learned that the shooting is believed to be a payback for another recent shooting of which a 16-year old was shot on Saturday, a New York Criminal Lawyer was informed. Police have confirmed they are exploring the possibility the two incidents are related.
While it is unusual for police to announce publicly information on a juvenile, a judge has given them five-days to announce his name and photograph publicly due to the nature of the incidents. The fact that the incident involved seemingly indiscriminate violence with a firearm at a school weighed heavily in the judge’s decision, sources. However, if police have not arrested the 16-year old within that five-day time period, the permission to use his name and photograph publicly will expire.

Within hours of the shooting, police had executed a search warrant at a home they believed the youth may be located, sources have confirmed to a Suffolk County Criminal Lawyer. While police did take two women in for questioning, they were released on Tuesday with no charges being filed.

Halifax police are asking that anyone with information regarding the whereabouts of this young man to notify the Halifax Police Dept, and are advising not to approach the youth if he is spotted and to notify the police immediately as he is considered armed and dangerous.

The school where the shooting took place was open on Tuesday morning as usual, only with an increased police presence in order to put students, parents, and teachers at ease. Sources say they will likely be there on Wednesday also.

Serious criminal charges can have a significant impact on your life, whether you are found guilty of the charges or not. If you are found guilty, you could be facing prison time, fines, probation, community service, and the offense will be marked on your permanent criminal record. Even if you are found innocent, these types of charges can affect personal and professional relationships. If you have been charged with a criminal offense, it is important to take prompt action and speak to skilled legal counsel as soon as possible to ensure that your rights are protected.

Continue reading "High School Shooting Puts Police on a Manhunt " »

Three accident victims were shot after being injured in a car accident in rural southern town, said a New York Criminal Lawyer. The accident occurred at night in the early evening. The victims included the driver and his two young daughters, ages four and seven.

Local police officers at the scene revealed that the victims’ car was rear-ended by an African American male, 21, early Tuesday evening near an intersection. Once he left his car, the African American male walked up to the car with a .22 pistol and began shooting frantically into the victims’ vehicle. The driver was shot three times. The seven year old daughter was shot four times. The youngest daughter was not injured by the gunfire.

According to authorities, the gunshot victims were treated for minor injuries at a local hospital. Their injuries were determined not to be life-threatening. The father was released the next morning, Wednesday, following treatment. No information was available concerning the status of the two daughters or when they were released.

The assailant was arrested and later charged with two criminal counts against his victims. The assailant was charged with using a deadly weapon to assault his victims, intending to kill them; and, using a deadly weapon to inflict serious injury on his victims. More charges could be filed at a later time. The assailant is still in jail at a county jail nearby, close to the crime scene where the accident first occurred. His bail was set by a local judge at $100,000 in the form of a secured bond. The felonious assault charges carry a heavy sentence if convicted on both counts. No details were released by investigators as to whether there were eyewitnesses to the felonious assaults or the initial accident prior to the shootings. The random gun violence in the case was the basis for the intent to kill portion of the charges as discharging his weapon 7 times into the victims’ bodies was evidence enough for such charges to be filed.

According to a Westchester County Criminal Lawyer, the driver who was shot and hospitalized with his daughters was not available for comment following release.

Whether you are found guilty or not, a serious charge such as this can create a multitude of problems in your personal and professional life. Defendants may experience not only serious legal penalties for their offenses, but also problems with employment and obtaining housing. Family relationships can also be irreparably damaged. If you have been charged with a crime it is important to seek skilled legal representation to ensure that your rights are protected at all stages of the legal process.

Continue reading "Accident Victims Shot" »

County Sheriff's deputies have a 19-year old man in custody, and sources have told a New York Criminal Lawyer that the arrest may have prevented further development of a serial killer. The 19-year old was arrested following a report by his girlfriend’s mother who had reportedly received a call from her daughter who said that she was being held hostage by the young man. During the course of this call, the woman’s daughter reportedly told her that her boyfriend was holding her hostage, mutilating and killing dogs, and had threatened to murder her and any police who may come to arrest him.

The accused has an alleged history of torturing and killing animals, and during the course of their investigation, police discovered carcasses of at least 29 dead dogs that either had been buried in the backyard or had been tossed into the woods near the dwelling. Sources also informed the Manhattan Criminal Attorney that he had forced his girlfriend to participate in the mutilation and killing of 29 dogs or puppies. Police also discovered a rifle and a shotgun as they searched his home.

Experts who have examined this case explained to the Suffolk County Criminal Lawyer that the suspect has at least one of the characteristics of a serial killer, and from all indications, his violence was escalating. Police have stated to that they have no doubt that he would have eventually killed his girlfriend.

According to at least one expert, serial killers exhibit at least three behaviors, “animal cruelty, obsession with fire setting and persistent bedwetting past the age of five to violent behavior.” Each of these have been linked to violent behavior as both police and science attempt to understand the mental workings of these types of killers. While there has thus far been no indication that the suspect in custody exhibits any of the other two behaviors, there is little doubt that based on the evidence that an obsession with animal cruelty exists. Prosecutors have stated that a defense of temporary insanity should not be applicable in this case due to the accused alleged long and methodical obsession with animal cruelty.

Often when this type of crime is involved, other crimes are uncovered as an investigation continues. Frequently, there may be additional allegations of a sex crime, drug possession or weapon possession. It is important that if you or a family member has been charged with a serious offense, you act promptly to protect your rights. Whether you are found guilty of the charges or not, these allegations can have a significant impact on your personal life. If convicted, the criminal punishments can be significant, and include jail time, monetary fines, community service and probation.

Continue reading "Animal Abuse Case May Have Prevented a Serial Killer" »

A Benicia, CA, woman was taken into custody last Friday by California Highway Patrol (CHP) officers; sources have told a New York Criminal Lawyer. While a woman being arrested for an alleged DWI is, unfortunately, not uncommon, what brings more to this case is that the woman’s 8-year old daughter was involved.

The incident occurred as the woman was westbound on I-780 at approximately 6:18 p.m. when she apparently lost control of her vehicle which then rolled over, sources reported to a Nassau County Criminal Lawyer. As a result of this, the mother’s 8-year old daughter was seriously injured due to her being thrown from her seat into the front seat. The head trauma that the child suffered necessitated her to be airlifted from the crash site to Children's Hospital in Oakland, CA, for treatment. The mother had only sustained minor injuries.

According to the CHP, they performed a series of field sobriety tests on the girl’s mother. Field sobriety tests are given in order for officers to determine the sobriety of individuals they suspect may be intoxicated. Based on the results of the sobriety tests, the mother was taken into custody and taken to a DWI processing center. The woman refused a breathalyzer and requested that a blood test be done instead. The results of that blood test had not been returned as of this writing. After the blood sample was taken, the woman was taken to the County Jail and booked for DWI and child endangerment charges. The woman’s bail was set at $55,000.

Although the woman stated that both she and her daughter were wearing seatbelts at the time of the crash, it has not been confirmed. The condition of the 8-year old child is also unknown at this time.

In the State of California, anyone over the age of 21 that has been arrested for driving under the influence (DWI) that has taken a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more can expect to lose their license. If the court determines that, the accused will lose their license they can be subjected to that loss of license for 4-month suspension for a first offense DWI and a 1-year suspension for a second DWI conviction within a 10-year period.

A DWI charge can greatly impact your life, whether you are guilty of the charges or not. Criminal charges can affect employment, and personal relationships. If you are charged with a crime it is important to always sure your rights are protected. Whether you have been charged with a DWI, sex crimes, or theft charge, take prompt action and seek legal counsel right away. If convicted, the penalties for a criminal charge can be significant, and include jail time, monetary fines, probation and community service.

Continue reading "CHP Arrests Mom for DWI and Endangering Her Child " »

Over the past several years, DNA science has made extraordinary progress and its implementation in many criminal cases has both convicted the guilty and exonerated the innocent. A New York Criminal Lawyer has learned that one federal crime lab is struggling to keep its reputation afloat following reports that one of its more senior and experienced forensics examiners not only blotched, DNA tests, but also falsified records.

A worker at the U.S. Army Criminal Investigation Laboratory, near Atlanta, is being investigated for alleged mistakes that may have allowed the guilty to go free and may have contributed to many to be wrongfully convicted of crimes they did not commit, sources tell.

Unfortunately, the problem appears to go much deeper than just one worker that was making mistakes and then attempting to cover them up. Sources alleged to a New York City Criminal Lawyer that the forensic examiner’s supervisors were not only slow to recognize his mistakes, but also wanted to keep any investigation of these mistakes in-house so that the facility would not lose its accreditation.

Although there have been many instances where DNA results have been retested by a different examiner, this is not one of those instances. Although there have been many problems with having retesting completed on work this individual had done, the U.S. military does not keep DNA evidence in storage beyond a set time-period. After that time has passed, the DNA is destroyed. This military policy has preempted any testing on the results that would have been possible in a similar situation at a civilian lab.

While the investigation is ongoing, there have been many questions arise in both military prosecution and especially in defense circles as to the validity of some cases of which an individual was convicted due to what may be a faulty DNA analysis. Many military attorneys had not even heard of the issue at the military DNA lab before the story broke. At least one person who was convicted by means of a faulty DNA test did not learn of this issue from the military. Rather he learned of it from another inmate. Many lawsuits have already been filed and more are expected to be filed in the near future.

The offenses discussed here come under the heading of a white collar crime. These types of crimes generally include criminal acts that are committed by someone of higher social status and respectability, and often involve fraudulent activity.

Whether you have been charged with sex crimes, or a DWI offense, or theft charge, it is important to speak to legal counsel without delay. Whether you are guilty or not, a criminal charge can have lasting impact on your life. If convicted, penalties can include jail time, fines, community service and probation.

Continue reading "Army Crime-Lab Worker Blotched Tests Leaving Many DNA Cases in Doubt " »

The trial of former major league baseball player, Barry Bonds, is underway in U.S. District Court, a New York Criminal Lawyer has learned. The former San Francisco Giant all-star is accused of “obstructing justice and three counts of making false statements to a grand jury.”

During their opening arguments to the jury, prosecutors stated that when Bonds testified to the grand jury in 2003 that he had immunity and that all he had to do was to tell the truth, which they allege that he did not, the New York Criminal Lawyer was told. His testimony was in regards as to whether he had knowingly used anabolic steroids, which Bonds denied. Bonds baseball career was essentially over when he tested positive for “banned substances” during a team administered urine test. He has not played major league baseball since he was indicted in 2007.

One of those expected to testify against Bonds, is his former mistress who will reportedly testify that Bonds told her that he suffered from sexual dysfunction due to steroid use. His mistress was reportedly with the former ball player for more than 10-years and during two of his marriages.

As part of the courtroom drama unfolded, the presiding judge sent the jury from the room while she sentenced Bonds’ former personal trainer to jail for contempt of court for his refusal to testify. She went on to add that he would remain in jail until he chooses to testify. His lawyer has appealed the contempt charge, sources told a NYC Criminal Lawyer. Prosecutors contend that the former trainer is one who provided Bonds with illegal steroids and growth hormone injections.

Accusations of drug possession and steriod use in sports are nothing new. The first instance was just before the 1954 World Weight Lifting Championships. Major League Baseball was perhaps the last major sports organization to put a drug testing policy into force. Rumors abound that before Mark McGwire broke the record that a bottle of “supplements” was seen in his locker. He retired soon after. It was not long afterwards that other athletes would make headlines for admitting to steroid use. At least one of the problems is that with multi-million dollar contracts on the line, the temptation to gain an edge by any means may be a temptation that some are unable to resist.

Whether the charges involve sex crimes, a theft charge, or a drug possession charge, it is important to act promptly and seek legal counsel right away. Changes are, with skilled legal guidance, you will obtain a more favorable result than going it alone.

Continue reading "Barry Bonds on Trial for Allegedly Lying to a Federal Grand Jury" »

It’s always fun until somebody gets busted for alleged insurance fraud. A crew of friends staged a car accident during the summer in NYC, and then attempted to collect on insurance payments. Authorities said some Bronx residents were responsible in a report picked up by a New York Criminal Lawyer. Officials got to the bottom of the caper by viewing surveillance video recorded above the crash site.

Investigators noticed the slow motion appearances the crash had. It didn’t add up for them so they became suspicious and probed further in their investigation. There was even an attempt by one of the drivers involved where they repeated a move to make it look more convincing. All of this was in the recording.

Police told a Bronx Criminal Lawyer that the participants made their cars collide at the scene. Moments later, they reappeared at the same location, following a brief spin around the block. Once they had returned the drivers pretended to back into each other, which caused further damages. The drivers called 911 and filled out false police reports. They even alleged injuries and sought medical treatment at a local Bronx medical facility. The medical facility billed over $30,000 in medical costs in less than a half days’ time.

Damages to vehicles were light and didn’t approach the level of “totaled” one might suspect from so many cars being involved in close quarters. Police became suspicious that all of the vehicle occupants, passengers and drivers, all knew one another. The suspects were all in their 20s to mid-thirties and primarily males. Reviewing the surveillance tapes led the investigators to checking further into the situation.

No information was available at the time the report was being made regarding the formal charges being brought against the suspects. It was not clear whether the suspects were being held pending bail. No information was made available by investigators about the backgrounds of the suspects. It is uncertain whether all passengers were aware of the intentions for staging the accident or were unsuspecting of the plot.

Insurance fraud is a crime that comes under the classification of a white collar crime. This offense can involve bribery, bank fraud, mail fraud and identity theft. If you have been charged with a white collar crime, it is important to seek legal assistance right away. The penalties you could be facing are serious.

Continue reading "Car Accident Insurance Frauds Busted" »

A Midwestern university community is in mourning after the death of an undergraduate coed. Authorities reported that she died in a car accident near Columbus, Ohio. The situation involved one other vehicle, a van, which crossed three lanes of traffic and plowed into the young woman’s car after going over a median and the exit ramp of a major interstate highway.

The driver of the van is 19 years old. The accident the old coed who was on her way home for spring break. The female student was in her second year of college studying education. Authorities reported to an Manhattan Criminal Lawyer that the male driver had his attention from his driving while speaking on his mobile phone. The distraction caused him to lose control of his van.

The country highway patrol revealed to a New York Criminal Lawyer that the male driver was headed northbound in a company-owned cargo van. The female driver was pulling out of a rest area when the out-of-control van crossed three lanes of traffic, a median, then hit her car. The female victim was driving a Pontiac sedan. The male driver was uninjured following the collision. The female crash victim died at a nearby hospital after being transported by first responders from the scene of the accident.

The county prosecutor’s office is still studying the case to determine if charges will be brought against the male driver. It has been reported that the county highway patrol is recommending that charges be filed against the male driver.

The female victim was highly thought of by her teachers at the university and her roommate. There was not any information available at press time regarding her surviving family members. Her roommate said that her friend who died would be missed because she was one of the best women she had ever known.

The exact cause of death was not noted in the accident report. It was assumed by investigating officers that the high rate of speed the van traveled at in order to cross the median and three lanes of traffic must have been high. The impact marks on the female victim’s car suggested as much.

Continue reading "Dead Student Mourned Following Accident" »

Following an undercover police investigation that resembled a Dateline type sting, deputies in Florida arrested 21 men and one woman, ages from 20 to 59, according to a New York Criminal Lawyer. The arrests are the fruition of a week long investigation that brought individuals from different parts of the state for the sole purpose of having sex with 14-year old boys and girls.

The sheriff's office used undercover officers that posed as 14-year old children online and included age-regressed photographs of the undercover officers, a Brooklyn Criminal Lawyer was told. The deputies communicated with the suspects electronically via email, instant messages, and over the phone. The individuals are those who responded to ads placed by deputies on Craigslist. The Sheriff’s Office also worked closely with the State Attorney's office, so that any legal issues that can often arise due to the nature of these types of investigations, most notably entrapment, could be avoided.

Following the arrests, the County Sheriff stated that he did hate to say that the investigation was fruitful. He also asked just how many more of these child predators are loose on the children in Florida that they are unaware. In the Sheriff’s own words, “The sheriffs of this state are tired of it.”

Many of those arrested do not have a criminal record. According to the arrest reports, when deputies entered the home many of the suspects attempted to run away. Deputies also wrote in their reports that one individual wailed loudly as he was being handcuffed. The woman is reported to have told deputies that she was only there to try to talk the 14-year old girl out of participating in the sex. According to the Sheriff, each of the individuals involved had been given the opportunity to either participate or not, and it is apparent to him that everyone who was present when his deputies raided the home were knowing and willing participants who had come for one reason—to have sex with a child.

In total, deputies filed 50 felony and three misdemeanor charges against those involved and their bonds totaled in excess of $1.2 million.

Sex crime charges are serious, and whether you are guilty or not, can have long lasting consequences. These charges can impact your personal relationships, your employment, and much more.

Continue reading "County Investigation Results in Sex Arrests" »

Two New England motorists were involved in an automobile accident last week, authorities revealed to a New York Criminal Lawyer. The vehicle operator was killed. There was one passenger in the car, who was injured and hospitalized. Local caregivers told authorities that the passenger was in serious condition.

Authorities explained that the incident was a one vehicle accident.The vehicle operator was found dead in the car when officers arrived. Formal announcement of his passing was announced a short time later.

Friends of the deceased organized a temporary memorial. The vehicle operator’s car had struck a service pole, which killed the driver on impact according to forensics estimates of vehicle speed. Friends of the deceased placed the memorial right next to the service pole. Visitors to the memorial commented on seeing the deceased relatives lighting candles. Memorial scenes have in recent years become very popular ways for friends and relatives to convey respects to the victim and the victims’ families.

Relatives were speaking openly to those gathered about their lost loved one. Some of the comments were about how “cool” he was. Others addressed how he cared so much about his kinfolk. The deceased is survived by his mom, a brother, and a sister. It was relayed to authorities that the deceased was the middle child in the family. The deceased was going to be celebrating his birthday next month.

The apparent cause of the accident is unknown at this time, according to a Long Island Criminal Lawyer. Of course, weather, driver vision impairment, condition of the vehicle, and the status of the relationship inside a moving vehicle between driver and passenger are all being investigated. No information was available at press time from hospital records as to whether police were yet ready to interview the injured passenger, or if the passenger was in any condition to recall events as they occurred during the accident

Continue reading "Crash Casualties, One Dead and One Injured" »

The police department in Seattle has launched a major internal investigation into the alleged mishandling of dozens of DWI cases by members of the department's DWI Squad. This means some cases will have to be placed on hold while the investigation goes on.

A local attorney made a statement that his criminal division will go over recent and past driving-under-the-influence (DWI) cases to figure out if they may be affected by what might be found during the police investigation, a New York Criminal Lawyer alleges about the case.

Sources familiar with the matter and later confirmed by the department states that there were arrest warrants that weren’t properly filed and investigated.

Other officers will put on special assignment to take charge of the night shift squad's regular DWI-enforcement jobs during the investigation and street officers will keep up their watch for drivers who may be under the influence, the department said.

The head of the Seattle police union who happens a 32-year veteran, very often did not report to work and approved DWI arrests by phone, one reliable source confirmed.

A rubber stamp was then used by DWI officers to stamp the sergeant's name to reports, the source said. This routine has been going on for around a year, confirmed a Bronx Criminal Lawyer. The Police Department is looking into the likelihood that the sergeant's name was stamped on reports without first getting in touch with him, said some sources inside the department.

The investigation is just part of the latest trouble to hit the unit, which is under review by the U.S. Department of Justice over accusations that officers used extreme force in a couple of high-profile cases. The Justice Department, among other things, is looking at whether the Police Department has good procedures to make sure that front-line officials are keeping up with their jobs.

In a written statement, the Police Department began to review of some "supervisory inconsistencies" within the DWI Squad. That investigation is still pending. “After a closer inspection, it was figured that administrative policy violations were in fact going on,” the statement said.

The case is still under investigation.

Continue reading "DWI Cases Suspended" »

Initial reports from a New York City Criminal Lawyer have revealed an 8 year old girl was molested and sexually assaulted by the college student who was paid to be her tutor.

The girl said a tutor in her third-grade classroom at a local elementary school had put his hand down her pants many times, and molested her. Then, the college student would very often touch her on the shoulder and tell her, “Good job,” the young girl told police. On Thursday, she said, that tutor –who was identified as a junior at a local college, indicated reports from a Brooklyn Criminal Lawyer—proceeded to rape her.

Later on that same day, she sought treatment at a local hospital, say the local police. Late Monday afternoon, police arrested the college student who is 21 years old. He was charged with rape of a child with force and indecent assault and battery of a minor under 14.

The defendant was arraigned Tuesday in District Court, where he decided to plead not guilty and was held on $20,000 bail.

He was ordered by a judge to stay away from the third grade girl, and also told he was to have no contact with minor children under the age of 16 unless they had parental supervision present at all times during the visit. He was also told he has to stay away from all elementary, middle and high schools until further notice.

The defendant’s parents declined to make a statement while leaving the courthouse after the arraignment. They told the local news station that they support their son. The case is scheduled for a probable-cause hearing on April 21.

The college junior tutored students at a local elementary school as part of a work-study program. Police said the supposed abuse happened on a several different dates. The young girl told police the events happened in the back of her classroom and other children were present while it was happening.

Sex crimes and other offenses against children create lasting scars. These offenses create emotional and physical scars that often take a lifetime to heal. If you or a loved one has been the victim of a sexual assault, rape or other physical abuse offense, be sure to obtain not only prompt medical and emotional support, but also contact an attorney promptly for guidance.

Continue reading "8 year-old Molested by Tutor" »

Lindsay Lohan's father, Michael Lohan, was apprehended and charged with 3 felony counts. Lohan was arrested at his West Hollywood home on suspicion of three different counts of domestic violence against a female living with him, according to authorities.

The arrest occurred during the same stretch of days in which his famous daughter, former child actress Lindsay was putting to rest a plea deal for her recent legal imbroglio the media has been calling "necklacegate."

Michael Lohan had been living with his lover, Kate Major, for the past few years. While out walking in his West Hollywood neighborhood, Lohan was en route past the sheriff's station when he was arrested.

Major alleged that Lohan had held her hostage, harming her physically, causing minor injuries, and prevented her from calling 911. The extent and nature of these injuries were not known at this time.

At the time of his arrest Lohan was charged with bodily harm to a cohabitant, hostage taking, and obstructing the filing of a victimization report, authorities explained to a New York Criminal Lawyer.

During his stay in lockup, Michael Lohan claimed to be suffering from an undisclosed medical condition for which he needed immediate treatment. Authorities transferred him immediately to a local hospital, while being held on $ 200,000.00 bail, according to a Long Island Criminal Lawyer.

It remains unconfirmed whether Lohan has posted bail. In a bizarre twist, his victim, Kate Major, said she has no idea where he is.

"I have no idea where he is, but I pressed charges because he tried to kill me!" said Major in her televised interview. Sources indicate that the domestic violence dispute was triggered by Lohan's insistence that Kate Major be interviewed with him on the show "Celebrity Rehab." During the time Major was in LA, Lohan was angry because he couldn't access funds he was owed, not being able to cash a check. Major told a friend she was fearful he would take his anger out on her.

Major was quoted by her friend as saying "...he has that look in his eye."

Continue reading "The Lohan Family Crime Spree Continues in Tinsel Town" »

The Tennessee State Board of Medical Examiners in TN, unanimously voted to reinstate the medical license of a doctor who was recently acquitted of rape charges. The State Board had previously suspended the doctor’s license after the rape charges were filed against him.

Four male patients, all in their twenties, had accused the doctor of performing unnecessary medical procedures during exams in 2008. A New York Criminal Attorney also confirmed that each of these male patients were all exhibiting symptoms of sexually transmitted diseases (STD) and the doctor had performed these procedures on their rectums and genitals.

Throughout the doctor’s rape trial, members of his staff had testified on his behalf stating that the alleged rapes did not occur, nor was there anything improper being done as there was always a staff member in the room with the doctor and his patient during these procedures.

Another TN doctor had also testified that had the doctor not performed the medical procedures that he did on the male patients, that he would have been negligent.

Although the doctor was acquitted and has had his medical license reinstated, this is not his first run-in with the legal system, explained a Westchester County Criminal Lawyer. In the 1990s, his medical license was suspended for one year while he faced similar charges in Pennsylvania. This case occurred while the doctor was working as a resident. One charge was dismissed by the judge and the other case the jury acquitted him.

The doctor patient relationship is very complex. There may be few other instances that anyone would allow someone outside of those they are the most intimate with to not only see the most private parts of their bodies, but also to touch those parts as well. Some folks may be comfortable with that, while others will cringe at the very thought of it. If you experience the least amount of discomfort, you should speak with your physician and if necessary request that a staff member be present during that examination. The discomfort may also be experienced by your physician, who as in this case learned from a past experience and had a staff member present during the more personal exams.

Continue reading "Doctor’s License Reinstated Following Rape Acquittal " »

Reports are indicating that golf pro, Tiger Woods, may have a new girlfriend. What makes this so significant to a New York Criminal Lawyer is that this young lady was arrested on a DWI charge in Orlando, FL, last year. This story was just broke this past Sunday and has been making its way around many of the news outlets this week.

The DWI arrest came after the 22-year old rear-ended a truck and caused it to roll. During her interview with the Orlando police officers who responded to the crash, she stated that she had not had any sleep for about four days and that all she had eaten in two days was an apple. She also admitted that about six hours before the collision that she only had two “tiny” glasses of wine, sources told a NY Criminal Attorney.

As part of the officer’s investigation, he asked the suspect what her level of intoxication was on a scale of zero to 10 with zero being sober, and her response was (expletive) 10. Her blood alcohol concentration measured at almost three times the legal limit at .21. A Bronx Criminal Lawyer was also informed that she was also barefoot during her sobriety tests and had difficulty in maintaining her balance. There was at least one point during the sobriety test that she exclaimed to the officer that she could not do it. She was arrested and charged with DWI with property damage or personal injury. The charges would be downgraded later to reckless driving.

DWI is very serious and unfortunately, the only reason this DWI case is getting much publicity is that the girl has been linked to Tiger Woods. Her stepdad allegedly works for an agency that had once represented the golf pro. She is also reported to have been a key part of his relationship with the agency. This would also be the latest in a series of personal relationships that Tiger Woods has been involved with in recent years that has both made headlines and has caused problems with his career.

Being charged with a DWI is a serious offense, the can alter relationships, affect your employment and leave you with a host of serious consequences. If you have been charged with this offense, it is important to act promptly and seek legal counsel to ensure that your rights are protected.

Continue reading "Is This Tiger Woods’ New Girlfriend?" »

A 30-year-old PA veterinarian was arrested Tuesday in connection with last week's alleged murder of a 27-year-old co-worker and their unborn son. The police reported that the suspect has been charged with one count of criminal homicide and one count of criminal homicide of an unborn child. The suspect was arraigned Tuesday morning and was denied bail.

The woman was last seen alive last week outside her apartment, according to a previous police report. PA State police found her body on Friday morning, after more than a day of searching. According to court documents received by a NY City Criminal Lawyer, the victim had been shot three times, twice in the head and once in the back.

Those court documents also revealed that after the woman was initially reported missing, police received a call concerning a suspicious vehicle left in an area parking lot. After arriving on scene, the authorities determined that the car belonged to the missing woman. More concerning still, court documents confirmed that the car’s windshield was broken and investigators found a large amount of blood, human tissue, and gun-shell casings inside the vehicle.

Police interviews with the victim’s roommate revealed that the woman was two-months pregnant with the suspect’s child and was planning to meet with the suspect the night she went missing, police said. The autopsy determined the woman was pregnant with a healthy male fetus.
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According to a New York Criminal Lawyer, state police went to the suspect’s home to speak with him, and received permission to search his car. Their search revealed a gun in the trunk of the vehicle, and police revealed that theshell casings found inside the victim’s car matched that gun. After obtaining a search warrant to further search the suspect’s car, the victim’s cellphone was also believed to have been found under a seat in the suspect’s car.

The victim’s family released the following statement to local area 69 News: "We are very thankful an arrest has been made. Please understand that we are dealing with preparing our family for the next two days. Our focus has been and will continue to be (mother) and her child. She was a loving kind peaceful girl. She and her baby did not deserve this. She was so happy to become a mom and share motherhood with her family. We ask for you to respect our privacy and allow us to grieve (mother) and her baby boy."

Continue reading "Man killed Girlfriend, Unborn Son" »

A city official stepped down from his position early Tuesday morning following his arrest earlier this month on DWI charges in a borough of New Jersey. His resignation was made official in the form of a letter to the mayor.

The former official faces not only the charges of driving while intoxicated, but a police report obtained by a New York Criminal Lawyer allege that the 67-year-old man also asked officers at the scene of his DWI to reduce his charges. He reportedly asked officers on the scene to speak with their superiors when they failed to recognize who he was.

Copies of the letter, were sent to the other council members, along with the township’s clerk, manager, and attorney. In the letter, the man said he enjoyed not only his service with the council, but also “working to provide the highest level of public service to the residents of the community.”

The former official was arrested on March 1, following a 7:45 p.m. traffic stop. He was initially stopped when a patrolman noticed he was speeding and driving recklessly, according to a police report given to a Queens Criminal Lawyer. The report also stated that the man “repeatedly stated ‘You know who I am!’” after being taken into custody.

“While processing him, he was adamant about me calling police officials on his behalf. He repeatedly told me that this wasn’t going to happen and that once I made these calls, he would be released with a couple points and a fine,” the report continues. “At one point, he asked me what I wanted out of this and what I wanted for this.”

The defendant is slated to appear in court April 6 to answer to charges. His resignation letter stated “Though the case is still pending, I think it is best that I resign my position on because I do not wish this situation to diminish or distract from the important work being done by the council or reflect negatively on the council’s past achievements.”

Continue reading "City Official Resigns After Controversial Arrest for DWI" »

A 33-year-old man fought with police about his arrest for driving under the influence at almost 3am March 18 near a busy intersection, revealed a New York Criminal Lawyer.

The man was pulled over after supposedly stopping his car inside the cross streets at a red light and weaving in and out of his lane.

He apparently reeked strongly of alcohol, had bloodshot and glassy eyes and at first told officers he had just a couple of drinks, but then said he had not been drinking and again later said he had a few drinks. He changed his story repeatedly, leading to doubts about his credibility in this case. That and the fact that he could not pass sobriety tests that were given to him over the course of the night.

He had problems keeping his balance while standing and was arrested after failing several field sobriety tests, according to Brooklyn Criminal Lawyer. On the way to the police station and while he was being tended to, the man allegedly asked police over and over again how they could arrest him for DWI because he said he was walking home from the bar. He refused to do a breath test, although he repeatedly insisted that he was in fact walking, not driving at all.

He will face charges of driving under the influence of alcohol and disobeying a traffic control device, unless it can be proven that he was in fact walking and not driving. At this time, it’s too soon to tell if that can happen since his car was found at the scene.

He was released on a $1,000 bond and is scheduled to appear in court April 27. His car was removed from the scene and his wife came to the station to pick him up.

Whether you are found innocent or guilty of a DWI charge, it can create significant problems in your life. If you are charged with this offense, it is important to take prompt action to ensure that your rights are protected.

Continue reading "Man Accused of DWI Says He Was Walking, Not Driving" »

A former multi-sport, All-American football player from a Florida university was arrested on March 16 and charged with DWI, a New York Criminal Lawyer learned. The former high school and college standout had been observed by police officers driving first at a low-rate of speed, then at a speed of up to 10-miles per hour, over the posted speed limit, and unable to maintain his lane.

After the Orlando police officer pulled the 24-year old over, the officer stated that when he approached the vehicle that he smelled alcohol when the young man exhaled. The officer then suggested that the driver undergo a field sobriety test, which he agreed to do. As a result, of the field sobriety test, the Suffolk County Criminal Lawyer was told, the former All-American was arrested and taken to a DWI center so a breath test could be administered. The driver provided two valid breath samples, both of which were 0.46. The blood alcohol concentration (BAC) in the State of Florida is 0.08, but if the driver fails the field sobriety test, they can be charged with DWI with a BAC of less than the legal limit. The former collegian was then cited for a misdemeanor charge of DWI and was then taken to the Orange County Jail.

The arresting officer included in the affidavit that he filed with the DWI charges that during the entire process the young man was both cooperative and polite, according to the arrest report. His arraignment is set for April 14.

In high school, this talented athlete excelled at both basketball and football, and chose to focus his energies on football when he went to college.

In addition to his high school and college accolades, he was drafted by the popular football team franchise as a fifth round draft pick in 2009. He played two seasons on this team before being released in September 2010. In January 2011, he signed a contract as a reserve player for a new team. It is unclear at this point how, or if, his prospective NFL career will be affected by the DWI charges.

Continue reading "Former All-American Football Player Arrested for DWI " »

A single vehicle operated by a man 20 years of age rolled several times in the wee hours of the morning in a fatal crash. The driver was transported to a nearby hospital still alive. It was not long after his arrival there when the authorities pronounced the vehicle operator dead, a spokesperson informed a New York Criminal Lawyer.

There were two other people in the car at the time of the accident. They were both the same ages as the vehicle operator. The passengers were injured. No details about their injuries could be furnished to the NYC Criminal Lawyer. The men were treated at the same hospital where the vehicle operator was pronounced dead.

The vehicle operator was driving a newer, mid-sized vehicle. Witness statements and forensics clarified the nature of the car accident. The vehicle operator was driving when his steering became erratic and the vehicle went out of control. The lack of steering control caused the vehicle to move forcefully into an embankment. The vehicle bounced off of the embankment and glanced off a nearby utility services pole. The force of the blow to the vehicle caused the car to flip. The car came to a stop right-side up on all four of its wheels.

There was no information available as to the condition of the vehicle following the accident. It was not known if the passengers and the victim were properly fitted under their seatbelts. Authorities are verifying witness statements about how the accident occurred. No information is available at this time regarding the victim’s family or surviving members. Next of kin could not be located at the time this article went to press. There is no information available regarding the involvement of alcohol or drugs or driver impairment as possible causes of the accident. Inquiries are being made. There was no indication of faulty vehicle equipment or failures in vehicle brakes or tires as possible causes. It appears that the remaining investigation has a ways to go before a final report is filed on the matter.

Continue reading "Crash Kills Solitary Motorist" »

A late Thursday night crash has left one man dead and another charged with aggravated DWI, sources have confirmed. The incident occurred at approximately 10:15 p.m. Thursday in Chicago, IL, when one Chicago man was standing outside of his broken down vehicle that he had parked along the shoulder, as he awaited a tow truck. Another Chicago man was seen driving across the fog line and then struck the stranded motorist before speeding away from the scene. The man who was struck was pronounced dead at 11:34 p.m. as a result of his injuries.

A passing motorist who had witnessed the incident immediately phoned 911 and reported a description of the vehicle that had sped away from the scene. Police located both the driver and his pickup about 15 minutes after receiving the initial call from the motorist. When they approached the man, the police report says that officers could smell a “strong odor of alcoholic beverage,” and that his eyes were both bloodshot and glassy. The report also added that his speech was slurred. According to a New York Criminal Lawyer, the police report stated that when officers approached the man, they noticed an open can of Modelo beer inside the cab of the truck. The beer can reportedly had some alcoholic beverage remaining in the can.

Officers went on to include in their report that the subject agreed to their request to perform a field sobriety test, and that he subsequently failed those tests. He was arrested and charged with one count of aggravated DWI, and is being held on a $1 million bail. A Nassau County Criminal Lawyer went on to add that it is expected that more charges will be filed against the 40-year old man during his first hearing. The least of those charges that are anticipated could include vehicular homicide, which is normally filed when a death occurs as a result of a traffic violation or action.

The Chicago Medical Examiner’s Office ruled the 32-year old man had died as a result of his injuries after completing an autopsy on the man’s body on Friday.

A DWI charge can be life changing, even if you are proven innocent. It can create problems with personal relationships, employment and much more. If you have been charged with a DWI or related offense, seek prompt legal advice to ensure that your rights are protected.

Continue reading "Fatal Hit and Run on I-55" »

A Massachusetts, a School Committee member has decided not to seek re-election. The decision seems to have been a year in the making, since many of his colleagues have repeatedly urged the 46-year old man to step down following his arrest last year for DWI.

The incident began on New Year’s Day 2010 following a call to 911 where the caller reported the driver of a pickup truck that was driving erratically, sources explained to a New York Criminal Lawyer.

An off-duty police sergeant was in his personal vehicle after completing his shift and heard the call over the police radio of what was happening. He spotted the pickup, radioed the location to the police dispatcher, and proceeded to follow it. Soon after he would observe the driver of the pickup, drive recklessly and almost hit two joggers. Soon afterward, a police cruiser arrived and stopped the truck. As part of the police’s investigation, they learned that the driver’s blood alcohol concentration (BAC) was 0.25 percent, which is more than three times the Massachusetts legal limit of 0.08 percent.

The school committee member’s attorney and the prosecutor reached an agreement during the man’s arraignment in District Court that “allowed him to admit there were sufficient facts to find him guilty of drunken driving,” a Westchester County Criminal Lawyer was told. Rather than try the case forthwith, the case was continued for one year. This was in large part due to it being his first DWI offense and the court placed him on supervised probation. During his probation, he was eligible for a hardship license that permitted him to drive to and from work.

Although many of the school committee members have stated that his decision to step down from the school board following his DWI arrest was a personal one, many have urged him to step down for the good of the committee, staff, and students of the school district. Some had even inquired as to whether they had any legal recourse to remove the man from the committee, of which they learned that they had no legal options available to remove him. They must therefore wait until after the election that he has stated that his name will not be on the ballot for him to leave.

Whether you are found guilty or innocent, a DWI charge can turn your life upside down. It is important to ensure that you receive quality legal representation to ensure that your rights are protected.

Continue reading "School Board Member in Massachusetts Not Seeking Re-election After DWI Arrest Last Year" »

A former star of the a popular baseball team, was already in trouble for driving recklessly and forcing two cars off the road, even before he was arrested for DWI in February.

A New York Criminal Lawyer obtained evidence from the State Attorney’s Office in Florida that showed the defendant forced a truck off the road before his driving caused another car to take “evasive action and (go) totally onto the grass shoulder in order not to hit the sport utility vehicle head-on”.

This was from one of two drivers who claimed to see the SUV driving erratically. The 911 call revealed the driver felt the SUV operator had to be drunk or under the influence of drugs.

Later, the SUV was identified as the baseball player’s vehicle. It was reported to be by the side of the road with smoke pouring out of it.

Police found defendant next to the vehicle when they arrived. The athlete had blood shot eyes and “heavily slurred” speech, police sources reported. He was even drinking from a bottle of scotch when authorities were on the scene. The defendant initially resisted arrest, police explained.

Everyone deserves a fair trial, to be treated as anyone else in a court of law, no matter how famous they happen are, or the offense they have committed, including drug offenses, a sex crime or theft crime. Their treatment should be no better nor any worse than it would be for someone unknown to the general public. Sometimes, that’s easier said than achieved. Fortunately, there are skilled criminal lawyers whose job is making sure all sides are equal when it comes to a criminal trial.

Continue reading "Baseball Star Faces DWI and More" »

A 27-year old San Antonio Police Officer was killed Tuesday, when her police cruiser was struck by a man that police suspect of being drunk at the time, a New York Criminal Lawyer was told.

Police say that the 32-year old driver of the SUV was driving the wrong direction on Interstate-35 in San Antonio when he struck the police cruiser head-on.

Having just finished with a call involving a fight, the young officer was responding to another call involving another officer who might be in trouble when her vehicle was struck. Another officer nearby witnessed the crash and immediately began CPR on the downed officer. When other first responders arrived on the scene, they were able to remove the officer from her vehicle and then rushed her to the hospital where she later died as a result of her injuries.

The first officer on the scene that rendered CPR had stated that he saw no oncoming headlights from the vehicle that struck the officer. On scene investigators had found a bar receipt in the pocket of the other driver, who also died in the crash. The investigation is continuing and police are awaiting the results of the toxicology report to either confirm or refute their suspicions of whether the other driver has been drinking, according to a Suffolk County Criminal Lawyer.

If it is learned that the SUV driver had been drinking prior to the crash, the authorities explained that it would not be his first DWI offense. He was convicted of DWI last September following his arrest for hitting another car after running a red light in June. In Texas, first-time DWI offenders are often given probation instead of jail-time. As part of his probation, he was required to report once a month, and had an ignition interlock device installed on his vehicle.

As authorities were only aware of the man’s one vehicle, a motorcycle, they think that the SUV the man was driving was borrowed. The interlock device is supposed to stop the individual from driving if they have been drinking. The motorcycle is the vehicle that had the interlock device installed.

Continue reading "San Antonio Police Officer Killed by Drunk Driver" »

The state of Indiana passed an immigration bill (the vote was 31-18) that may encourage racial profiling. Racial profiling occurs when law enforcement officials assume a person may be guilty of committing a crime based on their ethnic background, explains a senator. State officials who support the bill maintain that racial profiling will not occur if this bill becomes state law.

While many in the State Senate support the bill, there are many small and large businesses such as Eli Lilly and Co. and Cummins, Inc. that do not support the bill. Many businesses in Indiana fear a decline in business conferences, trade shows and other commerce events due to the fear that participants in these events may be subject to racial profiling. Some out-of-state businesses have already canceled plans to hold company events in Indiana because of the potential for racial profiling and harassment. This has nothing to do with drug possession.

The piece of legislation, called the "Immigration Matters" bill, would require, among other things, all legal documents and hearings be presented in English only. The bill also states that local law enforcement would have added responsibility to enforce the federal immigration laws, which could lead to additional work by departments and personnel.

The "Immigration Matters" bill was authored by Indiana State Senator Mike Delph, R-Carmel. Delph was absent during the senate vote, however, because he was taking the state bar exam. The bar exam is given to those who want to legally practice law in their state, said a professor. Senator Delph claims that the bill will not encourage racial profiling and only serves to reinforce existing state and federal laws regarding immigration. Some in the Senate now fear additional lawsuits and other legal action if the bill becomes law.

Not all senators felt the bill should pass. Five Republican senators joined Democratic senators in voting down the bill. And even though the bill passed through the State Senate, it still needs to pass through the Indiana State House of Representatives to become law, reports a station.

Those who support the bill say their intentions are to protect Indiana from threats or acts of terrorism from those coming to the United States via Mexican borders. Supporters like those in Brooklyn and Staten Island also say they are concerned that more illegal immigrants will take away jobs from U.S. citizens, increase taxes and cause a lowering of wages because local businesses pay for cheaper labor when hiring illegal immigrants.

Continue reading "The Indiana Senate Passes Immigration Bill " »

Barry Bonds is famed for being the greatest hitter of home runs in baseball history – now he’ll be known for his criminal conviction for obstructing justice, as well.

The jury on the Bonds case was unable to come to a decision regarding whether or not Bonds lied about the use of steroids. Only the obstruction of justice charge stuck, though it is a felony charge, a New York Criminal Lawyer points out. The prosecution wanted all the charges to stick, but Bonds didn’t get what he wanted either – as a convicted felon, he cannot own a firearm, vote, or serve on a jury.

In 2003, Bonds said under oath before a grand jury that he never took performance-enhancing drugs, to his knowledge. What matters most to baseball fans is that he did take them, which makes his otherwise impressive baseball record dubious, at the very least.

The fact that he took steroids, willingly or not, may never be a matter for the law – only the fact that he wasn’t as cooperative as he might have been in the investigation. Even that, Bonds’ lawyer will fight to the very end, emboldened by the fact that their client has been found not guilty on all other charges. A federal judge may very well decide if the appeal will go forward, possibly as soon as May.

The Giants told a NY Criminal Lawyer, “This case is ongoing and we expect it will proceed in a fair and orderly manner. Accordingly, we have no comment at this time.” For many people, the conviction has little bearing on what made Barry Bonds famous in the first place – his ability to hit home runs. No matter what happens to him legally, that legacy will remain.

The 46-year-old Bonds is very unlikely to return to baseball, but there are signs that his record will be broken, possibly soon. Alex Rodriguez is well on his way – though he has already admitted to using the same drugs that likely got Bonds into so much trouble.

A white collar crime, such as obstruction of justice, can bring serious penalities. It is important to ensure that the individual's rights are protected throughout the legal process.

Continue reading "Barry Bonds Has Murky Legacy in San Francisco" »

After a 911 call was placed, a man was arrested for suspicion of driving under the influence. A trucker was the one who placed the call, reports a New York Criminal Lawyer. The trucker said that the SUV was driving erratically and the truck driver felt that the driver of the SUV was obviously under the influence.

The driver’s SUV was smoking as the driver sporadically changed lanes, directions and speeds. The trucker driver attempted to avoid a collision with the other vehicle. The driver of the SUV also crossed the center line and drove into oncoming traffic. At one point the trucker was forced to drive on the shoulder to avoid the SUV as the SUV attempted to pass the trucker. The trucker driver felt that the SUV was endangering the lives of the other drivers on the road.

Within a few minutes, police responded to the trucker’s call and attempted to arrest the driver of the SUV. At the time the police responded, the driver of the smoking SUV had pulled over to the side of the road of his own accord. According to the police, the driver initially resisted arrest. The police report also states that the driver had exhibited signs of a possible DWI at the time of arrest.

A second trucker also witnessed the events and confirmed the accounts of the first trucker who placed the 911 call. At the time of the incident, the two truckers were communicating via radio discussing the situation. Though no one was hurt in the incident, the driver faces criminal charges of driving under the influence and later resisting arrest. A Staten Island Criminal Lawyer advised that the defendant plead not guilty to the charges against him.

The evidence and witness would make this a difficult case to defend. The existence of two eye witnesses may be an especially difficult obstacle to overcome in defending the case. At this point, a trial date for the driver had not been set and no further updates were available.

Continue reading "Trucking Accident Leads to Suspected DWI Case" »

A Texas man drove his vehicle into a parked car and knocked over a power pole, police reported. Officers responded to a call before 2 a.m. The police explained that the the driver ran his vehicle into another car, then spun around and hit the power pole, which fell onto a tree. Only one customer seems to have lost power, according to Texas officials, and a crew was quickly at work to repair the pole.

Officers said that the driver was taken straight to the hospital. His injuries were non life-threatening. While at the hospital, his blood was drawn for a possible DWI charge. As of this writing, the driver was still hospitalized.

Handling these kind of events are just what a New York Criminal Lawyer is for. Everyone who is accused of a crime requires a legal advocate. It is more than just the law – it is the right of everyone in the United States to have legal representation. Still, such representation comes in many forms. Not all legal counsel are equal. Make sure, if you ever have a date in court, you have only the best speaking for your side of the story. Only a qualified criminal lawyer has the tenacity, integrity, and discretion you need when it comes to a criminal trial.

It may come to pass one day that you or a loved one are the subject of criminal allegations, whether it be DUI or just a simple traffic ticket. It could even be something much greater. Any such accusations are always a burden, taking up valuable time and costing money, both of which would be better served taking care of your family. The nature of the charges doesn’t really matter. What matters is what you do about it. What matters is who you have defending you against the prosecutor.

Continue reading "Alleged Drunk Driver Knocks Over Power Pole in Texas" »

A 27-year-old man rammed his vehicle into the back of another on an interstate in Riverside, California, then went on to drive the wrong way down the freeway, eventually getting into a head-on collision with another vehicle, California Highway Patrol officials said. The driver is suspected of a possible DWI.

The driver suffered a number of major injuries. He was trapped in the wreckage of his vehicle until emergency crews could finally extract him and take him to a hospital. An officer told a New York Criminal Lawyer that investigators would seek drunken driving charges from the driver.

It all began at 1:59 a.m. on the morning of April 2011, when the suspect was driving his vehicle at around 100 mph going south, authorities revealed. His first crash was into the back of a vehicle being driven by a 63-year-old man.

“Following this collision, [the driver] drove … (the) wrong-way northbound on southbound I-215 where he collided head-on with a another vehicle, driven by a 23 year old female.

Both the 63-year-old man and the 23-year-old woman suffered only minor injuries after the accident and were treated at a local hospital, investigators found.

The case may seem to be open and shut, but there are always two sides to any story. Even if everything is just as it seems, however, it is the right of everyone involved to have legal representation. When that time comes, it is important to have the best possible advocate. A criminal conviction, no matter how minor, could be a life changing event. Even the trial itself can turn life upside-down, whatever the outcome, according to a Queens Criminal Lawyer.

Major or minor, every allegation deserves a response. This should always be the best response possible, even if that response boils down to “guilty”. There are always other factors to consider due to the complexity of the law, extenuating circumstances, or the simple fact that the punishment should fit the crime. Every single person in the country has rights, and these rights deserve protection.

Continue reading "DWI Probable Cause of Back-to-Back Wrecks in California" »

A New York Criminal Lawyer has learned of a close friend of President Obama who was arrested in Hawaii for allegedly patronizing prostitution. Unfortunately for him, this prostitute was an undercover police officer.

The 49-year-old man was caught in “a reverse prostitution operation by Honolulu police,” police sources revealed.

The resident of the state of Hawaii, a childhood friend of President Obama, was one of four men who were arrested in that sting, involving police officers who would lure in would-be johns through a phony escort site on the Internet, local news reported.

The suspect was released at 11 p.m. the same night of his arrest, after posting $500 bail for the crime, which is only a misdemeanor. It was not the first arrest for him, however. A Bronx Criminal Lawyer has learned that the suspect, who has been a commercial fisherman and an airline worker, was also arrested back in 1987 on drunken driving charges. In that case, his driver’s license was suspended for 90 days and he had to pay a fine of $150.

The latest incident was about 45-minutes by car from his home, which lies on the North Shore of Oahu. This home has been host to Obama, his wife Michelle, and their two daughters, Sasha and Malia, in the past.

Just a few months ago, Obama spent a day of his Christmas vacation at the suspect’s home to attend an annual luau. The suspect also played golf with the president over the weekend.

Obama, also 49-years-old, spent many years of his youth in Hawaii. His half-sister still lives in the state. The suspect and the president attended the same high school, as well, though they were a year apart.

On Obama’s 49th birthday, he and the suspect played golf, just outside of Washington, along with other friends from Hawaii.

The White House issued no comment on the arrest. He is due to face the charge on May 2, 2011.

Continue reading "Friend of President Obama Caught in Prostitution Sting" »

A recent study produced by a leading medical facility in Scotland finds that chronic pain risk is higher among car accident victims than other members of the population. Researches shared their findings with an New York Criminal Lawyer. Chronic pain is defined in the study as pain on both the lower and upper halves of the body, or on the right or left sides of the body, lasting 90 days or longer.

The new study drew from results of a previous study conducted over a four year period involving subjects who fit the criteria for widespread pain lasting 90 days or longer. The subjects had muscular and skeletal pain symptoms along with psychological distress from constant pain due to car accidents, job injuries, giving birth to children, broken bones, surgeries, and time in a hospital.

12 percent of those studied reported that they had new onsets of widespread pain over a 90 day period. Researchers relayed another findings that were particularly relevant to car crash studies. Eighty-four percent of this specific group representing 12 per cent of the over 2000 subjects in the study had been in vehicle accidents prior to the onset of new pain patterns.

The study is of particular interest to insurance companies who process accident claims involving medical treatment of accident victims. The findings of the study suggest that car accident victims are likely to manifest new pain symptoms after being treated immediately following their accidents. The likelihood of needing additional medical care is higher among auto accident victims than work injury victims experiencing widespread pain over 90 days or longer following their injuries, according to a Westchester County Criminal Lawyer.

The findings also suggest that higher cost injury claims can be sought in advance based on the high likelihood of re-occurring pain following a vehicular accident. These claims can be sought in the form as “actuarial contingencies” at the time of injury settlement by the victim. Victims of an auto accident should consult with their attorney for a legal definition of their rights.

The study was published in a leading medical and rehabilitation journal.

Continue reading "Pain Study Car Crashes Lead to Higher Risk of Chronic Pain" »

A serial killer’s graveyard was thought only to contain the bodies of women, sources told a New York Criminal Lawyer. Police were therefore shocked to find the body of an infant or a child buried there.

“One doesn’t match the others. It’s a young person, possibly as young as an infant, or a child,” one witness reported. The same source also suggested the victim may be due to another killer entirely.

There have been seven other murder victims found on that stretch of Long Island beach. Four of these people were found close to each other in December 2010 and were all confirmed to be prostitutes on Craigslist who disappeared after meeting a john. The other four, which includes the body of the child, were discovered just a few miles away. The second set of four were all within half a mile of each other. Sources explained that while the first set of four have been identified, the second set remains unknown.

Suffolk County’s monetary woes may have played a role in the difficulty of solving the murders, according to a Suffolk County Criminal Lawyer. Officials are trying to avoid paying overtime, which means reduced patrols along the beach area where the bodies were buried.

Patrols of the area were once the job of the Marine Bureau, placed on the beach, but the job was given to police authorities, which could be as much as a 40-minute drive away. This lasted from early 2009 to the end of 2010, when the first bodies were found. There have been no weekend searches, either, thanks to fears of overtime costs.

Investigators believe the killings are related to the murders of four prostitutes in Atlantic City in 2006, due to similar aspects in both cases. “It’s the same guy,” one person alleges.

The four bodies found in December were all strangled, just like the bodies found in Atlantic City in 2006. In Atlantic City, the bodies were also dumped near water, near each other, in deserted areas.

Often with criminal offenses, there are multiple crimes involved, including a domestic violence issue, drug offense, or sex crime. It is important to seek quality legal representation to ensure that your rights are protected.

Continue reading "Police Uncover Child’s Remains on Long Island" »

Some Ohio immigration-reform groups claim a program created to catch criminal illegal immigrants is also sending away people who have not committed any crimes.

These groups claim that 25% of the people deported by the federal Secure Communities program had never had any criminal conviction. In other places, they claim more than half of those deported through the program had no criminal record.

“We’re not talking about people who are truly dangerous criminals,” a representative of the ACLU explained. “These are people who are getting caught in the dragnet of law enforcement.
“We’re talking about people who want to work, who want to pay taxes, who just want to be left alone to live.”

A New York Criminal Lawyer has looked into ICE records and learned that from January 2010 through February 2011, 240 people were deported from Ohio. 123 of them had never been convicted of anything. This did include, however, people were charged with misdemeanors or felony charges that were either unproven or later dropped.

As for ICE, they claim it is their top priority to deport criminals. They told an NYC Criminal Lawyer that their Secure Communities program has identified more than 21,000 illegal immigrants convicted of such crimes as murder, rape, and child abuse in the three years of its operation.

Others say the agents are focusing on immigrants who are working, have families, or are high school students. They have been urging the president and other federal leaders to cause a change in the immigration program.

Even the union of immigration agents was unhappy with ICE. “Senior ICE leadership dedicated more time to campaigning for immigration reforms aimed at large-scale amnesty legislation than advising the American public and federal lawmakers on the severity of the illegal immigration problem,” the union stated.

Groups against illegal immigration claim these opposition groups are always trying to “water down immigration laws.”

“Being in a country illegally is a deportable offense,” a member of anti-illegal immigration groups said. “They’re in this country illegally, and they’re taking jobs from Americans. Their criminal status shouldn’t matter.”

Continue reading "Civil Rights Groups in Ohio Rail Against Crimeless Deportation" »

A woman from has died after being struck by a police car as she was walking home.
The 63-year-old woman was struck by a police cruiser at 10:41 p.m. on a Saturday night as she walked home during a rainstorm, family members and police told a New York Criminal Lawyer.

She was taken directly to the hospital, but was pronounced dead at 11:25 p.m. She was only a few blocks from her home when the accident occurred, during a spate of severe weather.

The officer was also taken to the hospital to treat bruises on his knees. He was since released. He had been patrolling at the time of the incident. According to a Manhattan Criminal Lawyer, the police did not release his name and their investigation is ongoing.

The victim’s family had been hoping to gather at her house for the first night of Passover, only a few nights later. Instead, they will be mourning her passing.

The woman’s son-in-law explained that his mother-in-law was a warm, friendly person. She loved to have people over her home for gatherings. He described her as “very friendly and sunny, and just a very happy person, fun to be around.”

He said she “loved to celebrate the holidays, hosting holiday celebrations. We were supposed to go to her house tomorrow night for the first seder.”

If you or a loved one has charged with a crime, whether it be a sex crime, dug offense or gun possession matter, it is important to seek legal guidance promptly to ensure that your rights are protected.

Continue reading "Woman Killed by Cop Car Collision" »

As a New York Criminal Lawyer explains, criminal law is very different in the US as it is to Saudi Arabia. Saudi authorities condemn and forbid any demonstrations or protests over the way the country is run.

There is however an increasing dissatisfaction over the way that the country is run. There have been many anti-government protests over the past few months.

The government is cracking down on these protests to try and limit their impact on the country. Eye witness accounts indicated that many of the protestors were detained for taking part in the protests.

According to a Nassau County Criminal Lawyer, in a recent report, over 160 activists have been detained since the start of February. People are being arrested every day, without fail.

The government is hardest on people who frequently attend protests. However, the Saudi police are also detaining ordinary law abiding citizens for just taking part in one protest. The Saudi authorities track down these normal people and arrest them from their homes or when they are at work.

There were over 10 arrests this week and all of these individuals were imprisoned. While the exact reason for the arrests has never been published, many of the families believe it is because they have been part of protests and demonstrations.

Saudi Nationals are continuing to protest over the suppression or people’s rights and imprisoning people without a trial or charge. Unemployed Saudi citizens are also protesting over the lack of job opportunities in the country.

Saudi authorities are ruthless in their crackdown on peaceful protests by using violence. They are said to of opened fire, and used grenades to disperse an otherwise peaceful public protest. Human rights protestors are outraged at the lack of a freedom of speech in the country and have urged the authorities to consider relaxing the ban.

Although protests are officially banned in Saudi Arabia, many more are planned throughout the month. It's thought that Saudi's crackdown will get even more violent as the government tries to retain power.

If you or a family member is facing criminal charges, whether it is a drug crime, sex crime, or gun possession matter, it is important to ensure that your rights are protected.

Continue reading "The Saudi Arrest Campaign Explained" »

A former hedge-fund manager sits in a New York City jail today after he was arrested January 13 for making death threats against federal regulators, a collegue discovered. The government alleges that the accused sent emails that were laced with profanity to at least 47 current and former members of the SEC, the Commodity Futures Trading Commission (CFTA), the National Futures Association (NFA), and the Financial Industry Regulatory Authority (FIRA).

Sources report to a reporter that U.S. prosecutors further allege that the former 50-year old commodities trader maintained an “execution” list of these regulatory officials on his company website. They are including the words that are alleged to have come from his website, “Go buy a gun, and let’s get to work in taking back our country from these criminals,” and that “I will be the first one to lead by example.” One of the government’s pieces of key evidence is that one of the emails that was reportedly sent by the accused to the NFA’s Chief Operating Officer (COO) reportedly reads, “It wasn’t ever a question of ‘if’ I was going to kill you, it was just a question of when.”

As is always the case, there are two sides to every story, and this story is no different, claims a source. The accused former trader says that these charges are the result of those officials in the regulatory agencies that have a grudge against him that began about 10-years ago after he was acquitted of charges of mail fraud and for allegedly making false statements. Following his acquittal, he applied to have his licenses reinstated, which was denied. Completion of the appeals process would also see the denial of reinstatement of his licenses. Following these denials, the accused had allegedly sent out threats to those involved at that time as well. These threats resulted in the accused agreeing to undergo therapy for anger management.

Regardless of which side of the story one believes, the accused is to be presumed innocent until proven guilty in a court of law. This is true everywhere including New York and Suffolk County.

If convicted, the former Wall Streeter faces up to two federal counts of “transmission of threats to injure" that he has been charged, that could result in a maximum of 10 years in federal prison.

Continue reading "Former Hedge-Fund Manager Accused of Making Death Threats Against Regulators " »

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. " »

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.

Continue reading "This Case is all about Domestic Violence" »

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.

Continue reading "Political Activist Charged With Threats, " »

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.

Continue reading "Judge orders Feds to find representation for two immigrants with mental disabilities" »

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" »

A Judge told a confidant that the United States Supreme Court has denied the appeal made by a detainee at Guantanamo Bay for Mohammed al-Adahi. This man is from Yemen who had been locked up without being charged. This happened in the year 2002. He was accused of Federal Crimes but not murder.

The United Supreme Court reached their decision and insisted that the accused be held in detention for an unspecified time. In other words, the Judge told the reporter that the ruling had to stand when it came to the high courts.

Do you know enough about the United States Constitution to know if this ruling is acceptable or not? In the year 2009, for example, a District Judge ordered the this Guantanamo detained be released even after the United States government accused that Al Adahi was connected to the Taliban or Al Qaeda. The District Judge told the reporter that the government failed to prove that this was the case.

The District Judge indicated, “The United States government does not have enough evidence to prove that Al Adahi trained with Al Qaeda or that he ever was involved with the Taliban.”
The Judge indicated that there is a temptation to sway in the direction of the government’s accusations, since Al Adahi did confirm that he had met Osama Bin Laden. However, this does not prove anything. According to the government, thought, Al Adahi had numerous contacts with Al Qaeda and other terrorism groups.

Continue reading "Guantanamo detainee appeal denied" »

The driver in a two-car crash that caused the death of another driver has been arraigned on manslaughter charges. This occurred after a six-count Suffolk grand jury indictment which claimed the driver was under the influence of intoxicating substances, according to official sources.

The 53-year-old driver pleaded not guilty in Suffolk County Court, Riverhead, and was held on $500,000 bond or $250,000 in cash, by order of the presiding judge.

The driver, operating a 2002 Lincoln Navigator, swerved over the yellow divider line on Montauk Highway, near Old South Country Road in Brookhaven, on December 17, 2010.
The Navigator struck a van driving by a 43-year-old man heading home from work, police said. The 43-year-old man was announced dead on the scene, survived by three children and his wife.
A spokesman for the Suffolk District Attorney indicated that blood-alcohol tests showed the driver had a blood alcohol level of .11. According to the spokesman, greater than .08 is legally intoxicated. Police stated that had the man survived the defendant would have been charged with vehicular assualt.

The driver’s attorney is still investigating the entire case, unsure if manslaughter is the appropriate charge.

“We’re early in the process of investigation,” he said. “Certainly it’s a tragedy. He’s incarcerated and this gentleman lost his life.”

The driver has already pleaded guilty over the last 22 years misdemeanors involving controlled substances, among other charges.

Everyone is innocent until proven guilty in the United States. This holds true no matter what the charges or whatever the past might have been. You have the right to a fair trial before a jury of your peers. Accusation and arraignment are not the end of the story. What happens next is largely dependent upon the quality of defense. There is no better defense than a New York City Criminal Lawyer. Such cases will require representation with tenacity, skill, and the ability to use discretion. That is exactly what a real qualified New York City Criminal Lawyer can provide.

Continue reading "Driver Charged with Manslaughter" »

The mother of LeBron James, major star of the Miami Heat, was arrested on charges of assault, battery and disorderly intoxication. A contentious encounter with a valet at a Miami Beach hotel ended with the arrest.

The 43-year-old woman was arrested because she reportedly struck a valet around 5 a.m. in the morning, Miami Beach police told Long Island Criminal Attorneys.

Sources revealed, the woman requested her vehicle from the valet, who brought it to the valet ramp, where it was left running for 30 minutes as James’s mother talked to other hotel patrons. After that, the valet turned off the car and gave the keys to the valet cashier.

When the woman emerged to find her car, she reportedly yelled, “where are my f---ing keys” and swore at the valet.

“Then, for no apparent reason [she] struck the victim with an open hand across the right side of his face and in the process causing herself to lose balance and falling to the ground,” stated a report.

She was about to leave in her vehicle when the police arrived. Sources say she refused to speak at the time. Her friend in the car with her, however, stated there was a “verbal altercation” about the retrieval of the SUV and how they “got up into each other’s faces over the incident.”
James’s mother was “very uncooperative”, police alleged to Queens Criminal Attorneys.

Allegedly, she said, “I’m trying to trust you, but I just don’t trust your kind,” to an officer.
She was released, after refusing to have her picture taken, to a Heat executive, who had no comment. LeBron did address questions from journalists at a later practice.
“You have to move forward. It is my life. Just try not to let things be a distraction. I have a job to do,” he was quoted as saying. “It’s very sensitive because it’s your mother, of course. People around me are helping me, helping her.”

When LeBron was with the Cavaliers, his mother was arrested on DWI charges in Cleveland in 2006.

Continue reading "LeBron’s Mother Arrested for Battery in Miami" »

A 16-year-old girl was arrested for Kidnapping in Florida after taking her baby from a foster care agency. The agency’s purpose was to place children who have been abused or neglected in foster homes.
Both mother and child had been taken to the agency located in Daytona Beach by a caseworker from Jacksonville.

The 16-year-old girl learned that she and her child were going to be separated and she sent texts to two of her friends, who came to pick her up, investigators confirmed. She then took the baby and rushed out to the car. Another caseworker contacted the mother not long after that and the baby was soon returned to the agency.

Police have not released the name or any other details about the 16-year-old girl, due to her age. They have since arrested her on a charge of interference with child custody. Her friends escaped criminal charges. They were not deemed to be culpable since they had no idea what their friend planned to do.

Family can be a powerful motivator, whether doing the right thing or the wrong thing. People will go to great lengths for children, parents, or siblings. Usually, this is a good thing, but sometimes it leads to problems with the law, which is why good Criminal Lawyers are so necessary.

Prosecutors are not always right about everything. Or sometimes the law can be a little strict in its interpretation. Everyone has rights, however, including the right to defense. This right is central to how any given case will turn out in the end. A poor defense could easily lead to too much punishment or even a false conviction – but an excellent defense from someone who can tell your side of the story, someone who knows the law and how it applies to your specific circumstances, can resolve your case in the best way possible. The best way to make sure you have one of the latter, instead of one of the former, is to make sure you have a genuine
Criminal Lawyer.

Continue reading "16-Year-Old Mother In Daytona Beach Arrested For Kidnapping Her Child" »

Tax fraud has been a problem almost since people have been required to pay taxes. As a New York Criminal Lawyer also claimed that, the problem has been even more prevalent in the electronic age. This is due, in large part, to the many places that we do business on the Internet that collect our vital information and store it as part of a normal business transaction. Electronic information gathering is not the only method that criminals use to collect our private information, however. Thieves have been scouring trash bins and mailboxes during tax season for many years, and the problem has only grown worse.

Many citizens in one state in particular have been learning of the problem firsthand. Citizens from the State of Georgia have been reporting increasing instances of receiving tax bills that have caught them by surprise. These are also the same citizens who have been filing their taxes regularly and have had no problems either with the Internal Revenue Service (IRS) or with their Georgia state income tax. Recently it has been learned of one such man who discovered too late that a 26-year old illegal immigrant had been arrested for using his Social Security number when he applied for work in a nearby county. It is also believed that this same illegal immigrant is why the Georgia man had recently received a tax bill from the IRS for $3,434.

Unfortunately, stories like his are not uncommon. During the 2010 tax season, the State of Georgia’s Revenue Department reportedly detected at least 52,000 fraudulent tax returns that totaled approximately $41 million in tax refunds. Those returns are only the returns that were detected; sources indicated.

While tax scammers are growing in number, there are certain measures that can be taken in order to protect your identity. The IRS and every state tax revenue department maintains a list of these steps and makes them freely available on their websites. One of the most important points to remember is never give your vital information to someone that you do not know, and take extra precautions when mailing your returns. One of the most important suggestions they offer is do not mail your return from your home mailbox, as thieves do pilfer through mailboxes during tax season in search of returns and refund checks.

Continue reading "Tax Fraud in Georgia is Growing" »

Minnesota Vikings’ cornerback, Chris Cook, will have his day in court on March 21, sources say.. He has been formally charged with brandishing a firearm, which in this case is a misdemeanor.

The incident reportedly began, as the second round, draft pick was involved in a heated confrontation with one of his neighbors. While his arrest did not take place during the argument, the arrest and charges occurred after his neighbor swore out an arrest warrant a short time later.. Although Chris Cook was arrested and charged Saturday, he was shortly released on his own recognizance. The cause or content of Chris Cook’s confrontation with one of his neighbors has yet to be released.

In case many who are reading this are wondering, just how Chris Cook was arrested and charged so quickly, especially when police were never called to the scene of the argument at the time of its occurrence. There are some differences in the way that Virginia law works and how the law in many other states work. We will try to explain.

Most states will file charges only after reaching a certain point in their investigations. Many times these charges will be filed long after someone may have been arrested. In large part, this is due to the fact that these states rely on charges to be filed by their District Attorneys. The State of Virginia, however, allows its citizens to appear in front of a magistrate and swear out an arrest warrant themselves. The Nassau County Criminal Lawyer has been told that this is what happened in this case. The man who Chris Cook had been arguing with went before the magistrate, swore out the arrest warrant, and the Lynchburg, VA, police department then served the warrant and arrested Mr. Cook. His preliminary hearing was then set for March 21, where Chris Cook is expected to be arraigned.

It is too early to tell whether the arrest and charges will have any affect on Chris Cook’s NFL career, as the season, if there is one, is still a few months from the beginning.

Continue reading "Chris Cook’s Day in Court was March 21" »

A former manager of a major U.S. software company was recently indicted on charges of wire fraud, suspicion and money laundering, following an investigation which revealed a multi-million dollar international scam.

During the course of his five-year employment with the software company, the defendant appears to have taken kickbacks from foreign suppliers in exchange for insider information and future plans of the company. The co-conspirators included several suppliers from Singapore and China, as well as other partners in Asia. A the defendant is responsible for approximately $2.25 million in lost revenue for the company which he represented. This amount reflects both personal gains that the defendant gleaned from the shady Asian foreign suppliers, as well as damages to the software company he once served as manager. Potentially he can be charged with Grand Larceny wither in State or Federal Court

A New York Criminal Lawyer observes that the defendant, a native of Sunnyvale, CA, was indicted on August 11, 2010. He subsequently entered into a plea deal, the details of which are summed up in an official statement by a representative of the U.S. Department of Justice: "…(the defendant) admitted to engaging in a scheme to defraud (the company) of its money or property and its right to his honest services while he was employed with the company from 2005 through 2010.” Federal agents scoured the defendant’s home following his detailed conviction, where they found approximately $150,000 cash hidden in shoe boxes. This cash was most like part of the kickbacks he received from the Asian-based suppliers, which constituted a certain percentage of the commerce between the plaintiff company and its foreign suppliers.

In return for these cash-percentage kickbacks, the former software company manager provided the overseas suppliers with important confidential files including price targets, specifications for distinct products, and roadmaps. Mentioned topically above, the foreign suppliers themselves were also charged in this case of fraud and theft. Specific individuals from these Asian suppliers were also indicted alongside the defendant, including a man from Singapore and a woman from China. Truly an international investigation, this example of corporate theft will have severe repercussions for all involved.

Continue reading "An international case of fraud involving a major software firm leads to high-stakes charges" »

Jurors selected in the retrial of former Illinois Governor Rod Blagojevich will not be named until the day after the trial is over to protect jurors from the onslaught of reporters who allegedly harassed jurors after the first trial. The judge presiding over the retrial said he is withholding the names of jurors because of the way the jurors in the first trial were treated just hours afterwards, reports a New York Criminal Attorney. Apparently, jurors from the first trial were followed by reporters and others in the media, harassed at home at all hours and were unable to go about their normal routines without media interference. Reporters hungry for juror reactions and their recollections from the trial say they were trying to do their jobs and that most in the media were compassionate to jurors while a few went too far.
In high profile court cases like those in New York and even Long Island, it is not unusual for the names of jurors to be withheld until the trial starts or until after the trial ends. Reporters want to know the names of the jurors sooner rather than later. Some reporters claim it is their duty to keep the public informed by learning more about what jurors were thinking and discussing in the deliberation room during a trial to determine if justice was served. Blagojevich is charged with trying to sell President Obama's former Senate seat, fraud and other illegal activities. During his first trial, he was only convicted of one charge – lying to the FBI. The other 23 charges were dismissed by the jury, claims a reporter.
During the first trial, the jury deliberated for 14 days. Only one juror held out for a not guilty verdict. In the end, the jury was deadlocked on all by one charge and the trial was considered a mistrial. The second trial is scheduled to start on April 20th, says a NY Criminal Lawyer. Blagojevich is being charged with many of the same crimes he was charged with in the first trial. He continues to claim his innocence.
Withholding the names of jurors is well within the rights of the judge. Even though media outlets are trying to get the judge to release the names immediately after the verdict, the judge seems pretty adamant that this will not happen. Reporters will most likely have to wait until the day after the trial to talk to jurors about the outcome.

Continue reading "Jurors in Blagojevich Trial Not to Be Named until the Day after the Trial Ends" »

A New York Criminal Lawyer was told by immigrant officials that in Wisconsin the state had every county being a part of the immigration enforcement strategy. Federal officials announced to a New York Criminal Lawyer that they have developed an information system that would share details with each country so that people who are accused of criminal charges will be easily identifiable.
The immigration officials told the press that about thirty seven states were on board with this program. It is anticipated that by the year 2013, more states will become a part of this immigrant fingerprinting system so that even if the illegal immigrant moves to another state, their information will still be available.
Wisconsin is one of the states that joined the immigration program on a state and federal level. This means that when fingerprints are taken from an individual who is being charged with a crime, they will be put in custody and their criminal records checked.
Additionally, when someone gets charged with a crime in Suffolk and Westchester Counties, their information can be shared with the FBI, and other criminal records related to the FBI will show up. An immigration official told the NYC Criminal Lawyer that there is a lot of controversy around the subject and the state has to move carefully, but deliberately with this tough topic. A lot of citizens think that the system will only add to the frustration felt by many because innocent people may be affected by this. Officials from the law enforcement division do not agree with this idea.

Continue reading "Immigrant Fingerprinting as indicated " »

The Mississippi Lawmakers told a New York Criminal Lawyer that they are one step closer to reaching the same decision about immigration law that Arizona has implemented and adopted. What this means is that soon Mississippi law enforcement can stop people at traffic stop lights and elsewhere and ask them to show the appropriate immigration documents.
There are many who welcome this idea, but there are a lot of Mississippi residents that loathe the idea and consider it as a form of racism and profiling. According to the state reports, there was a lot of Hispanics that moved into Memphis, Mississippi in 1987. “A lot of these people are non-immigrants and do not have the right to stay in the country, said one Police Office to the New York Criminal Lawyer. A legislative bill is expected in Mississippi to hold every law professional such as the Police to check someone’s status of immigration if suspicious. People will also go through random checks even in places like Staten Island and Westchester County.
One resident of Mississippi is angry about it. She says she is an American and does not think that the Police should ask her of her immigrant status when they don’t ask people who come from Canada the same question.
However, a spokesperson explained that the Senate in Mississippi would get this bill passed. How it will work is that the police can ask for immigration records when they are involve with a traffic stop incident. The Senate wants to stop the threat of immigration and the problems that it causes.

Continue reading "Changes in Mississippi Immigration Law" »

An immigration official from the United States expressed concern to a New York Criminal Lawyer about the application that a CIA exile trainee filed in her jurisdiction. She noticed some red flags when she saw the answers that the exile put in his N400 form. When he was asked about whether or not he was a part of a government overthrow, he answered, “Yes.” When he was asked about his criminal history, he mentioned being imprisoned in Panama for four years.
The immigration official told the New York Criminal Lawyer that the answers to the questions eliminated him from being considered for such a prestigious status. In addition to those answers, it is to be noted that this CIA exile trainee had been arrested in the year 2002 with an accusation that he had plotted against Fidel Castro to assassinate him when he visited the country. However, he got convicted for a charge that was lesser.
The President pardoned his actions in 2004 and this action was thought of as being very controversial. According to the immigration official, these things are raising so many concerns in the judicial system. He was also accused of lying while he was under oath during his 2005 asylum hearing and his 2006 immigration and naturalization hearing.
The immigration official told the New York Criminal Lawyer that there were many confusions and errors during the trial as the defendant and his interpreter went back and forth from English to Spanish during the hearing. The defendant was also accused of not being truthful about how he came to the United States. The case is still ongoing.

Continue reading "Rock Singer facing jail sentence" »

Many Connecticut residents don’t know what to make of the decision of a jury to give the murderer of a Fairfield couple life in prison without parole, rather than the death penalty.
“It’s such a weighty decision.” This comment was made by the owner of the store next to the one where the murders took place. The killer shot both victims several times as he robbed their jewelry store on February 2, 2005.
“I know them very well,” the store owner next door told New York Criminal Lawyers. “They were genteel, sweet, family people. They had an unbelievable graciousness with loving, kind hearts.”
The victims’ children had just recently graduated college and had to endure six years as the trial process dragged on.
One benefit of the life sentence, in the eyes of some, is that it will not be endlessly appealed for years. Connecticut law automatically appeals any death sentence. In Queens and Westchester Counties, the judges are asked to move cases along so that this kind of delay doesn't happen.
The killer is already serving life in prison in New York State for another murder, when he killed a jewelry store owner in Glen Head, New York. This happened less than two months before he murdered the Connecticut couple. He fought against extradition to Connecticut, specifically to avoid the death penalty and lost.
The jury deciding the penalty had to decide whether the aggravating factors of the crime justified the death penalty and whether the mitigating factors made him ineligible for the death penalty. Some argued his troubled background and heroin addiction gave him a lack of control that lead to his criminal acts, while others claimed these were no excuse.
Another store owner was quick to say, “If you kill someone, you deserve to die.”
“It was a horrendous, horrendous crime and I think he deserved a lethal injection.”
A pastor who was a classmate of one of the victims explained to New York Criminal Lawyers, “In essence, the death penalty solves our problem of what to do with offenders… in the same way that he solved his ‘problem’ in that horrible moment: by taking a life. That’s revenge, not justice. Nothing would be set truly right; nothing would be restored by his execution; everyone would wind up in the loser column.”

Continue reading "Fairfield, Connecticut Reacts to Murder Verdict" »

Although this story began in 2005, a N York Criminal Lawyer has learned from sources that the case was solved. It was solved due to the dogged determination of a private investigator, who by following his gut instincts tracked the woman’s assailant across the country.
The story began in February 2005 when a Dade County, FL, utility worker found a woman in the grass at an undeveloped cul-de-sac just outside of Miami, FL. The woman had been dumped and left for dead. Sources said that the utility notified the authorities who determined the woman was still alive and immediately transported her to the nearest medical facility where she would remain unconscious until the next day. Investigators attempted to gain information from the woman so as to ascertain who committed the crimes against her, but due to her inability to speak were able to collect some vague information as she could write it.
The woman was a Ukrainian who was employed with one of the cruise lines out of Miami who had been injured on the job and had been placed in a local hotel room by her employer as she recovered. Since the woman had filed suit against her employer, these details explained to investigators why the only person she could direct investigators that she knew was her attorney. In Westchester and Suffolk Counties this crime could easily result in a murder charge and criminal procedure would ensue.
A New York Criminal Attorney also learned that investigators were able to determine the approximate time and location of the attack on the woman. It had occurred at some point after she had entered an elevator at the hotel. The surveillance cameras showed the woman entering the elevator but did not show her exiting it. They did show, however, a large, black man exiting the elevator with a large piece of baggage that appeared to be very heavy since the man had struggled with the bag as he exited the elevator.
Investigators initially could not locate the man exiting the elevator to question him about anything that he may have seen, nor could they locate any more leads and the case went cold. Due to the woman filing a lawsuit against the hotel for lax security, the hotel hired a private investigator to investigate her claims. The investigator was a former NY police officer and federal DEA agent who soon became intrigued by the mystery of this case.
Over time, the investigator would follow leads that led him from Miami to Colorado, and to the woman’s attacker in Frederick, MD. After further investigation and the comparing of DNA evidence between her attacker and others in various locations, the man’s identity was confirmed. However, it would take his conviction on an unrelated case for the Ukrainian woman and the private investigator to see the man sentenced to 24-years to life, for his attack on a Colorado woman.

Continue reading "Woman Survived Attack in Miami—Mystery Solved" »

An ex-Marine who attacked his wife during a final divorce hearing in a judge’s chambers had his bond set at $1 million. The attack split her lip and caused swelling and bruising to her head, to the point she had to be hospitalized.
The 28-year-old ex-Marine was only subdued with the aid of a stun gun and has been charged with felony battery, domestic violence and resisting arrest without violence, police.
The accused man’s wife is also a former Marine, 23 years old. She was taken to Holy Cross Hospital and declared to be in stable condition, after sustaining facial fractures, a torn lip, and a broken nose, her 30-year-old boyfriend revealed to N York Criminal Lawyers.
Just in case, she was held overnight in the intensive care unit to watch for brain trauma.
The wife’s attorney said that the assault was “unexpected” and “surreal”.
“He was punching with a true vengeance. It was vicious,” the attorney mentioned. He managed to hold the accused until deputies arrived. “He was in a rage.”
Married in 2006, the couple have a 1-year-old daughter and a 3-year-old son.
The accused did not have an attorney and did not wish to pay child support. He also had a problem with a judge telling him he had restricted visitation rights and left the chambers. When he returned it was only to shout he didn’t have to obey orders, then leave again, New York Criminal Lawyers have learned.
When he returned, he rushed in and started beating his wife with closed fists, police sources explained. He attacked her from behind, put his hands around her neck, and struck her several times on the side of her face, knocking her unconscious with the first blow. When violence like this is reported in Suffolk or Nassau County, police are quick to respond and justice is swift.
“I’m in shock and disbelief,” the boyfriend stated. “I didn’t think anybody could take it to that extreme, much less in a judge’s chambers at that. Words, to be honest with you, could not describe what went on.”

Continue reading "Ex-Marine Attacks Wife In Judge’s Chambers" »

A Queens man pleaded not guilty to beating a petite Bronx woman into a coma even as the victim’s mother called him a coward. Apparently, the whole incident started over an East Village parking space.
The 35-year-old suspect pleaded not guilty to the charge of assault, even though he had already apologized for the February 25 attack. He also confessed to police on videotape.
“So I punched her in the face and I saw her fall to the ground,” he said, according to the sources of N York Criminal Lawyers. “I hit her because she hit me.”
The 25-year-old victim is still at Bellevue Hospital, as if this writing, but has awoken from her coma, according to her mother.
“It’s a huge miracle,” the victim’s mother said.
The victim had to undergo several sessions of brain surgery and still has a long way to go until she is fully recovered. New York Criminal Lawyers have learned that part of her skull may have to be removed due to her brain swelling. She will always have a scar from ear to ear over the top of her head.
“I don’t know if she will be able to work again, drive a car or walk without assistance,” the mother expressed.
The suspect told authorities he was “very, very” sorry and that he had hit the woman “out of reflex” after she smacked him. He was trying to back a Plymouth Voyager into a parking space she was attempting to save for her boyfriend.
The suspect, an electrician, says he fled the scene because the victim’s boyfriend was coming across the street. Though he stands at 5 feet, 7 inches, he claims he hit the woman, one inch shy of five feet, in self-defense.
“I find it so callous that he hit her and drove away like a coward,” the woman’s mother told. “It’s absurd that this happened over a parking spot. It’s absurd that he hit a girl and that he went to a party after he watched her hit the ground.”

Continue reading "A Queens Suspect Pleads Not Guilty to Putting Woman in Coma" »

N York Criminal Lawyers have learned of the manhunt for a thief who robbed a bank in Manhattan and attempted to rob two others.
The 51-year-old suspect made his first attempt at a Chase branch on Eighth Ave., police sources reported. Witnesses say he had a demand note, but was forced to flee without money.
He returned to the same branch on Saturday and allegedly passed a note, but then took it back and left once again without any money – only to go to another bank minutes later. This time, he passed a note and escaped with the money.
In the Bronx, a man accused of laundering money was caught in Bronxdale after a police stop caught him with $200,000 in the trunk of a livery cab.
The 33-year-old suspect was seen by cops allegedly putting a box full of cash into the trunk of the cab. They also discovered that the box smelled strongly of cocaine. The suspect told police he had been paid by an unidentified person to take the cash to Manhattan.
According to sources, the police had been watching the laundering suspect for quite a while, suspecting he had money gained from drug sales or actual narcotics himself.
The police charged him with money laundering.
In other news, a man was charged with attacking a man with a pipe in Graniteville.
The 36-year-old suspect allegedly hit his victim in the face with his fist, then grabbed a pipe and hit him in the face again. The police were called to arrest the suspect and they charged him with criminal possession of a weapon, assault, and menacing.
There are any number of reasons someone might be arrested by the police, but only one good response – calling a NYC Criminal Lawyer. It could be something as minor as a traffic ticket or something as major as murder; but the right person can handle anything that faces their clients with skill, tenacity, and the discretion every client needs from their attorney.

Continue reading "Criminal Reports from the NYC Area" »

Police may have discovered the identity of the Long Island Ripper.
They say they are “looking at somebody”, according to sources, which refused to give further details about the crime.
This new development comes even as police are looking at what might be a link between the Long Island killer who is suspected of dumping the bodies of eight victims on Suffolk beaches and four murders of prostitutes that happened in Atlantic City in 2006.
“Our homicide detectives are in touch with the [Atlantic City] police,” a Suffolk police spokesman informed New York Criminal Lawyers. One of the New Jersey victims was on Long Island five weeks before she disappeared on the way to Atlantic City.
This victim’s husband recounted to New York Criminal Lawyers that his wife, who was addicted to crack and a prostitute, moved from Florida to Long Island in September 2006, hoping to get work for a friend and to regain custody of their two children, who were in foster care in New Jersey.
According to the husband, his wife did not handle the loss of her children well, after they found they could not get their children back.
“That drove her nuts and she started doing crack again. We were fighting and she hopped on a bus to Atlantic City. I never saw her again,” he said.
The killer changed tactics while on Long Island. The four bodies found in December were wrapped in burlap, all of them later found to be hookers from Craigslist. The newest bodies found, four more of them, were placed there in a different manner, which police have not disclosed.
Police feel these latest discoveries may have been there longer.
“We don’t know their sex, we don’t know their age, we don’t know anything about them,” a Suffolk police commissioner released to New York Criminal Lawyers. Regardless, they are still searching.
“It’s possible we missed something,” the commissioner said.
“We should tell people they should be careful with any contact they make with strangers, especially women involved in the escort business,” the commissioner warned.
In the meantime, the police continue their search for more information that will lead to the identity of the Long Island Ripper.

Continue reading "Long Island Police Hot on Killer’s Trail" »

Charges were filed in the deadly crash that took the life of a middle-aged mother of nine from Pennsylvania. The two car crash that killed the young woman was operated by a Mississippi driver who fled the scene. Following arrest, authorities indicated to an NYC Criminal Lawyer, the man was being held without bail in a local county jail. The woman’s funeral was held while the Mississippi was awaiting trial.
The Mississippi driver is slated for a preliminary hearing in the next two weeks authorities explained to an NYC Criminal Lawyer. The driver is facing criminal charges to the tune of 18 counts. Some of those criminal charges include vehicular homicide and involuntary manslaughter. If this crime was committed in Nassau, Long Island, a local attorney would be on the case.
The Mississippi driver went afoul of the law when he sped away from a law enforcement official at a high speed, over 100 miles per hour. Authorities told an NY Criminal Lawyer that this was one of the charges against him. The chase came to an end when the Mississippi driver smashed into the Pennsylvania woman’s vehicle at an intersection. No details were available about the status of either vehicle following the accident. It was unclear whether the woman’s car was in motion or not at the time of impact. Authorities did not confirm the direction of the impact on the victim’s vehicle.
The victim was flown to a nearby hospital in York, Pennsylvania. It was two to three hours later, authorities said, that the woman was declared legally deceased. The cause of death was not revealed. There was not any information available concerning the exact cause of death. It was thought that the preliminary impact of the accident was severe enough for the victim to be airlifted to a medical facility.
The woman is survived by her nine children, none of whom could be reached for comment. There was no information regarding next of kin of legal adult age. Her husband was not available for comment.
The woman was a pillar of her Catholic Church community. She was a youth catechism instructor at her church. The victim had led their local youth group for a few years and provided pastoral counseling to married couples.

Continue reading "Man Still in Jail Over Fatal Car Crash" »

A Brooklyn man is accused of strangling his girlfriend – while their 7-year-old daughter was in the house.
The 29-year-old victim was engaged in an argument with her 28-year-old boyfriend, just before 6 a.m. in their apartment on 50th Street in Sunset Park when the alleged attack occurred. Their young daughter was in another room in the apartment at the time, but she did not witness the murder.
The boyfriend said that his girlfriend attacked him with a knife and he was defending himself. Police have charged him with murder in the matter, nonetheless, leaving his fate and the circumstances of the woman’s death for a jury to decide.
A relative of the boyfriend speculated the fight may have been over the boyfriend’s suspicions that the victim was cheating on him. The relative also indicated that the pair had always had a contentious relationship, with arguments and breakups common.
The only one who knows the true story of what happens is the accused. He tells one story and the District Attorney’s Office has another. A jury will have to decide who has the more compelling story. The District Attorney already has trained lawyers for the prosecution, leaving the defendant to fend for himself or take chances with a public defender. It would be much better for anyone is a similar situation to be sure his representation is just as capable as the prosecution, if not more so. That kind of quality legal counsel can be found in a NYork Criminal Lawyer.
It may look like any given case is clearly one way, but there may be details known only to the accused. These details might not seem like much to the common person, but someone with the training of a NYork Criminal Lawyer can make all those minor details relevant to the case. It might result in a reduced sentence. It could even result in exoneration. None of that can happen, though, without first gaining the best legal counsel you can find.

Continue reading "A Brooklyn Man Murders Girlfriend When Daughter Was In The House" »

A camera bandit, once on the loose in the Flatiron District, has been caught, police revealed.
The 19-year-old suspect walked into a camera shop on West 22nd Street at 3 in the afternoon and asked to see an expensive camera, then took off with it when the store keeper turned around to answer the phone.
“He knew what he was stealing,” a store manager told N York Criminal Lawyers.
The suspect ran across the street, dodging through traffic on Sixth Avenue, to make his escape, according to the manager. It was only a day later when the suspect was caught – he tried to sell the camera to another dealer, and police soon had him in custody, police sources said.
The alleged thief has been linked to another theft, back in December, of another camera of the same brand, worth $3,350 from another shop in Manhattan, police explained to N York Criminal Lawyers.
In the Bronx, a burglar was caught on tape fleeing the scene of the crime – in this case a home invasion in Highbridge he allegedly engaged in with four accomplices.
The 50-year-old suspect and his four companions are said to have broken into an apartment on Cromwell Avenue at noon, one day in April. He helped tie up two of the victims, while one of his friends allegedly threatened another victim at gunpoint.
“Get the money or I am going to kill him!” one of the men allegedly yelled.
The thieves managed to take $3,000 Gucci shoes, a laptop computer, and some credit cards. They also broke at flat-screen television.
“If you say anything, we have your information,” one of the thieves said before departing.
The suspect in the case was allegedly caught on video tape from a surveillance camera leaving the crime scene with a big black plastic bag full of stolen goods.
The police quickly tracked him down, arresting him before the day was out. His accomplices are still at large, police sources told N York Criminal Lawyers. Police are still on the lookout for them and will likely catch them soon, since one of the thieves is in custody

Continue reading "A Look at Crime in Manhattan and the Bronx" »

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" »

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" »

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" »

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" »

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" »

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 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" »

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 Brooklyn man accused of the murder of his girlfriend during a domestic violence dispute sobbed apologies as police led him out of a police station in handcuffs.

“I’m sorry,” the suspect said, as he was led away from the 62nd Precinct stationhouse. “I loved [her]. I’m sorry to her family. I’m sorry for my children.”

His 34-year-old girlfriend was found dead in a bathtub in the suspect’s apartment. Prosecutors explained to a New York Criminal Lawyer that the woman had been beaten, strangled, and stabbed several times in the neck and body.

According to friends, the woman had gone to her boyfriend’s house to tell him the relationship was over.

“She went there to end it. That’s how he ended it,” a neighbor of the victim told authorities. “Jerk! He must have been real crazy.”

The suspect told a relative of his that he “lost it” and made a confession, according to police.
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The 36-year-old suspect called his ex-wife in Long Island after the murder occurred and told her his girlfriend was “probably dead” after he “hurt her” as they argued in his apartment one afternoon. The ex-wife made an immediate call to Suffolk County police, who called the NYPD. Police discovered the body of the slain woman upon arrival, according to a Suffolk County Criminal Lawyer.

The suspect was ordered to undergo a psychiatric evaluation during a brief hearing after his arrest. He had been previously arrested for menacing and criminal possession of a weapon. He had nothing to say at that time.

A friend of the victim said the pair had only been dating a few months.
He said, “She told me he’s just not a good guy – a bad person.”

The family of the victim, including her father, gathered at the family home in the aftermath of the murder. They were attempting to console the victim’s 13-year-old daughter.

“She was a great girl, she had a beautiful daughter,” a relative who did not live with them said. The suspect has four children of his own. "He’s destroyed two families,” a relative said.

Often in a domestic violence case, there is more than one offense involved, such as a gun possession offense, sex crime, or drug possession offense. While the emotional scars from these offenses can never be erased, justice can be served.

Continue reading "Brooklyn Man Shows Great Remorse at Slaying" »

Police sources revealed information about a man who killed his girlfriend early one morning while their 7-year-old daughter was still asleep.

The 28-year-old suspect was charged with murder in the death of his 29-year-old girlfriend. They had been arguing starting when she returned to their apartment at 4:30 a.m. after a night out.

The victim’s body was found around 6 a.m. The little girl was unhurt. The police commissioner believes the woman was strangled, but will not know for certain until a full autopsy can be performed. As for the suspect, he fled the scene of the crime, but was arrested when he returned, a short time later.

“He’s a great man and a great dad,” the suspect’s mother said. “He was asking her why she was coming home so late when you got a daughter.”

The family of the victim had no comment. They are just dealing with this tragedy as best they can at this point.

The family of the suspect explained to a New York Criminal Lawyer that the slain woman was very strong-willed. She would do as she pleased. According to them, the suspect did kill his girlfriend of ten years – by accident. It is his claim that he was merely defending himself when she attacked him with a knife. He says they were arguing about her seeing two other men. As the couple argued, the victim called her brother. After the killing, the suspect fled to his aunt’s house four blocks away.

“He said she charged at him with a knife and he choked her,” the 44-year-old aunt said the suspect told her. “I gotta go,” the suspect told his aunt. “I know I’m going to jail. I love you.”

It was the sister of the suspect who found the victim dead, according to a Nassau County Criminal Lawyer. The suspect’s mother reported that her son was on medication for depression. She said he could be “very distant, very isolated from everybody.” She also said he never wanted to lose his girlfriend and that he loved her.

These tragedies often arise in conjunction with other offenses, including a sex crime, drug offense, or drug possession charge. While it will not erase the emotional scars these crimes cause, seeking quality legal representation will ensure that justice is served.

Continue reading "Woman Murdered by Boyfriend as Daughter Sleeps" »

The police department in Seattle has launched a major internal investigation into the alleged mishandling of dozens of drunken-driving cases by members of the department's DWI Squad, according the initial reports. This means some cases will have to be placed on hold while the investigation goes on, a Long Island Criminal Lawyer explained.

A local attorney made a statement that his criminal division will go over recent and past driving-under-the-influence (DWI) cases to figure out if they may be affected by the police investigation.

Sources familiar with the matter and later confirmed by the department states that there were arrest warrants that weren’t properly filed and investigated. Moreover, it is believed that illegal searches of vehicles focused on locating guns, drugs and other contraban, according to a New York Criminal Lawyer.

Other officers will be put on special assignment to take charge of the night shift squad's regular DWI-enforcement jobs during the investigation and street officers will keep up their watch for drivers who may be under the influence, the department said.

The head of the Seattle police union who happens a 32-year veteran, often did not report to work and approved DWI arrests by phone, one reliable source confirmed.

A rubber stamp was then used by DWI officers to stamp the sergeant's name to reports, the source said. This routine has been going on for around a year, confirmed an additional source close to the department.

The Police Department is looking into the likelihood that the sergeant's name was stamped on reports without first getting in touch with him, said some sources inside the department.The investigation is just part of the latest trouble to hit the unit, which is under review by the U.S. Department of Justice over accusations that officers used extreme force in a couple of high-profile cases. The Justice Department, among other things, is looking at whether the Police Department has good procedures to make sure that front-line officials are keeping up with their jobs.

In a written statement, the Police Department said it will review of some "supervisory inconsistencies" within the DWI Squad. That investigation is still pending. "After a closer inspection, it was figured that administrative policy violations were in fact going on,” the statement said.

The case is still under investigation.

Whether you have been charged with a DWI, drug crime, or a sex crime, it important to seek legal counsel and ensure that your rights are protected.

Continue reading "DWI Cases Suspended in Seattle" »

A group of students at a TX, high school recently participated in a Shattered Dreams mock drunk driving crash, a New York Criminal Lawyer just learned. Students at the high school played certain roles including both living and dead victims, and as the drunk driver who went to jail.

Shattered Dreams is a program that introduces high school students to the grim realities of what happens when someone drinks and drives. Sources went on to say that the event, which lasts two days, stages a mock accident in front of the participating school’s entire student body. As part of this mock crash, members of the local police, fire, EMS, and coroner’s office all react as though the crash was real. This is not difficult for first responders to do, as thankfully, they train for these situations often.

During the course of the mock crash, students will see “victim” students treated and transported to the local hospital by ambulance and helicopter. They will also see the “deceased” students transported by a local funeral home, and the “drunk” driver will be arrested and transported to the local jail for further processing, including arraignment. As a reminder that local students are the participants in these crashes—this brings the reality of the situation a little closer to home, claimed the Manhattan Criminal Lawyer.

Another part of the Shattered Dreams program, involves a “Grim Reaper” visiting a classroom every 15-minutes to select a student victim. This student victim would then be considered as the “living dead.” This represents the statistic that every 15-minutes someone is killed by a DWI offender. At the end of the first day of these mock events, those who participated in the crash, as well as those who were selected as the “living dead” will be taken to an overnight retreat, which further enhances the experience for each of the students.

The second day of this two-day event will be filled with mock memorial services for each of the crash victims and the “living dead.” While those students who participated as crash victims and “living dead” are permitted to return to class this day, they are not supposed to speak to anyone, as if they are not there.

While officials say that success of this program is difficult to measure, that if one life is saved as a result of the program it is worth it.

Continue reading "High School Students Participate in Mock DWI Crash" »

A con man, who was seen as a notorious ìConî Juan, used an online dating
site to scam lonely women out of their life savings. He will now be paying
a high price for his loveless actions including a lengthy prison sentence. He facing a variety of charges includign Grand Larceny
A source reports that Con Juan used the online dating
service called My-Space and Jdate to meet women looking for love. He
described himself as a muscular romantic gentleman and lured women into
trusting him with personal information. He continued his scam for years before
his illegal actions placed him in a court of law. It is not known how much money
the con man collected over the years before his scam was discovered.

The scammer met a 60-year-old lonely Chelsea woman who finally ended
his scam. He managed to scam the older lady out of $200,000 before he was
arrested for his illegal activity. A different case of his swindling $10,000 from
a woman he met online has been sealed so the legal result of this case is not
known to Bronx Criminal Lawyers. He allegedly dated the Upper East Sider
for few years before he obtained her ID and then stole money from her bank
account according to police records.

The online scam has come to an end for now with a jail sentence. Manhattan
Supreme Court Justice remarked to New York Criminal Lawyers that the victim
of his scam, the 60-year-old Chelsea woman, probably really loved him making
the crime that much worse. He then sentenced Con Juan to a two and a half
year prison sentence where the online bachelor will not be meeting any available
women to scam.

The internet can be a valuable tool in various different situations, but it also can
be a hotbed of criminal activity. If you or someone you love has been charged
with an online scam, you will require the assistance of a qualified attorney. You
need a Criminal Attorney to protect you against allegations of internet
fraud or interent sex crime. Call one today.

Continue reading "Con Juan Scammer faces jail, says a Bronx Criminal Lawyer " »

Four men were arrested after it was discovered that they billed for unnecessary dental work totaling $5.7 million over a period of 4 years in Brooklyn and Queens, reported a New York Criminal Lawyer. The four suspects are accused of luring the poor and homeless to different locations with offers of cash, McDonaldís gift certificates, and even CD players. The men allegedly would then bill Medicaid for the unnecessary dental work, mostly for dental cleanings.

A man, his son, and son-in-law are accused of drawing the homeless to the different locations, such as Brooklyn, Queens, and the Bronx. The dentist involved in the scam also allegedly paid recruiters in addition to performing the services as his part of the multi-million dollar scam. The recruiters were paid in cash between $10 and $30 based on the type of service received by those recruited. Most of the victims were found at nearby methadone clinics or from homeless shelters.

The head men would instruct the hired dentists to place two-thirds of the money received from Medicaid into dummy corporations that had been developed to conceal the money. The scam is thought to have spanned from January of 2006 until the arrest in April 2010.

The dentist was held on a $50,000 bond. The two ring leaders were held on $20,000 bail and then monitored with an electronic bracelet due to their potential as a flight risk.

If you have been accused of Medicaid fraud, you need a qualified New York Criminal Lawyer for your defense. Prosecutors can be unforgiving toward those who have allegedly defrauded people using the healthcare system. Speak with Stephen Bilkis and Associates for advice and a free consultation. We have offices to serve you in New York City, including locations in Manhattan, the Bronx, Brooklyn, Staten Island and Queens. We also have offices in Nassau County and Suffolk County on Long Island, and Westchester County.

It has been noted that even though many convicted sex offenders are listed in registries they are still able to acquire jobs that place them in direct contact with children, often working as tutors, coaches and in other positions that place them close to children. Senator Charles Schumer might propose legislation to change that. The legislation would propose that it is illegal for registered sex offenders to work or volunteer in positions that put them in “direct and substantial” contact with children.

A New York Criminal Lawyer says business owners will have to screen the employees to make sure that they are not registered sex offenders. Businesses that are not in compliance would be fined and would face greater fines for repeat offenders. Many believe that a law such as this is already in existence but in actuality it is not. Businesses can check if an employee is registered by contacting the Division of Criminal Justice Services online or at 1-800-262-3257.

This law will be set out to prevent cases such as the one where school teacher who was on probation for a sex offense conviction privately tutored a 15 year old boy in. It was determined that he violated the terms of his probation and was once again arrested. Many sex offenders are not on parole or probation therefore they are not barred from acquiring such positions. The Schumer Legislation will prevent this from occurring.

If you or someone you know was arrested for committing a sex act or for violating probation/parole involving a sex crimes, you may need assistance from Stephen Bilkis and Associates. Come into our office for legal guidance and a free consultation. For your convenience, we have locations thoughout New York City, including offices in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have offices in Nassau County and Suffolk County on Long Island and Westchester County.

21 year old Copiague resident stabbed someone in a fight on Saturday at a house party in Massapequa. The victim was taken to a local hospital where he was released after being treated. He was charged with A Felony Second Degree Assault, and a Misdemeanor for weapons possession according to a New York Criminal Lawyer. The suspect is lucky in that the attack did not result in death or more serious injury to the victim. He would certainly need to retain qualified legal counsel or face seriously long jail time.

If you are being held on criminal charges you may need help from Stephen Bilkis and Associates to help you obtain the justice you deserve. Without one you can find yourself in serious trouble. Come in and we will answer all of your questions and provide you with a free case consultation. We have office locations in both Nassau County and Suffolk County on Long Island, and Westchester County. In New York City, we have offices in the Bronx, Brooklyn, Manhattan, and Staten Island.