New York Criminal Lawyer Blog

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.

The legal team at Stephen Bilkis and Associates can represent you or a family member in facing any lawsuit. Whether you have been charged with sex crimes, a theft, or DWI, give us a call so we can provide you free advice and consultation to better understand your situation. Our offices are located all throughout the NY Metropolitan Area.

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.

Sex crimes are handled best by the expert Bronx Criminal Lawyer, especially the ones who work for the office of Stephen Bilkis & Associates. With the help of our reliable legal team, you will not just be able to win your own fight but also help the society be free of these crime offenders which can put a lot of threat to the lives of women and children, most especially.

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.

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.

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.

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.

If you want to know more about the details of the SORA, then there is no better professional to approach than legal counsel from the office of Stephen Bilkis & Associates. Their offices in New York has teams of legal counsel who can help you out if you or any of your loved ones happen to be involved in such sensitive cases. With their help, you do not just get to be assured of winning the case but also learning more about your rights.

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.

To know more about the aspects of SORA or SOMTA, it is best to seek the assistance and guidance of a reliable legal counsel. One of the best ones that you can find especially in New York would begin within the office of Stephen Bilkis & Associates. They handle all sorts of sex crimes and its intricate details to make sure that you get the justice and freedom you deserve. Such expert assistance will help you understand best such legal proceedings that can help protect others as well.

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.

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 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 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.

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" »

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 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.

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

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

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

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

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

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

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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 police told a NY Criminal Lawyer that though a lot of people were frightened recently at a mall because they saw a man carrying his guns openly in the mall, he may not be liable. They think that he may not even have committed a crime.
Advocates of gun rights agreed that the man may not have been legally liable, but not because he could carry a gun in public should he have done so. It is a selfish act for him not to think about the fear that he would put in the hearts of the people who would see him. He has a duty to society to act responsibly and not to make people fear for their safety and existence.
It was the Police that told the Brooklyn Criminal Lawyer that they had received numerous 911 calls that Saturday morning about a man carrying a rifle and hand gun openly. When they went to investigate the incident, they found that the man was indeed carrying a rifle and a hand gun in plain sight, but the guns were not loaded. The management of the mall was very angry about the situation and asked the Police to remove the man from their establishment. With so many terrorism incidents taking place, the mall personnel did not want to leave anything to chance.
The Police did not charge the man for any wrongdoing because according to the law, he was not doing anything wrong. In places like The Bronx and Staten Island there are different laws and the man could easily have been arrested.

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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.”

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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" »

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" »