New York Criminal Lawyer Blog

The couple was married in December 1989 and had always resided in New York during their marriage and their only child was born in July 1990. The parties resided in the City of Glens Falls. The husband was employed by an architectural firm and the wife remained at home to care for their son.

A New York Crirminal Lawyer said in June 1991, after the husband was laid off, the couple moved in with the husband’s brother in Rensselaer County. It was uncontested that the brother has suffered mental illness for many years and being treated with tranquilizers and has been hospitalized on numerous occasions. The husband admitted that his brother’s apartment was cramped, dirty, dangerous and had fleas which bit the child. Marital problems by and between the parties were intensified by their living conditions.

In August 1991, the wife left New York and took their son to Puerto Rico with her. She testified that she escaped to Puerto Rico in desperation due to her inability to acquire a safe environment in New York and the necessary medical care for her son. Because her mother and father both resided in Puerto Rico, the wife contended that she needed to live there in order to receive the emotional and financial support of her family.

The wife contended in the custody proceedings that challenge her relocation, that her husband abused alcohol and marihuana and that she was the victim of continued domestic violence. She further alleges that she had entered a domestic violence shelter on one occasion. One expert forensic evaluator, a mental health consultant, opined that the wife was fit to have custody and that the husband should be afforded liberal visitation. The expert further opined that the husband’s violence toward his wife may well have been a result of an alcohol problem. A certified alcohol counselor conducted an alcohol evaluation and diagnosed the husband as alcohol dependent-provisional, subject to further evaluation which the husband chose not to complete.

The husband also denied going to bars on a regular basis, denied that he had an alcohol problem and denied that he had smoked marihuana since his college years. A Staten Island Criminal Lawyer said with regard to allegations of domestic violence, he admitted to striking his wife on only one occasion. In the context of forensic examinations, the husband admitted that it would be best for his wife to have the custody but the parties should remain in New York or within a reasonable geographic location so that the father/son relationship could be fostered.
At the time of the fact-finding hearing, the husband was unemployed and receiving approximately $256 weekly in unemployment compensation. If granted custody, the husband testified that he would support his son through food stamps and Medicaid in addition to his unemployment allowance. The wife testified that she was employed in Puerto Rico as a teacher earning approximately $1,000 per month and that she resided in a home owned by her father free of charge. In support of her contention that exceptional circumstances existed to cause Family Court to grant her custody and permit her to reside in Puerto Rico, the wife testified that she was unable to obtain a teaching position in New York because she lacked certification. She testified that she applied for positions in New York City, Albany, Rochester and Florida. The evidence clearly reflects that although her efforts to complete these applications were meager, she would have to complete additional courses and become certified before a teaching position in New York would be a viable career.

After a five-day hearing, the Law Guardian recommended joint custody with physical custody to the wife provided that she returned with the child to New York or to a contiguous state. Family Court found exceptional circumstances to exist which justified the wife’s departure to Puerto Rico and determined that because the wife offered a more stable, nurturing environment, she should have sole custody of the child.

After determining that the move to Puerto Rico would deprive the husband, the noncustodial parent, of regular and meaningful access and that extraordinary circumstances exist to permit such relocation, Family Court correctly determined that relocation was in the child's best interest. Noting that Family Court's determination should not be disturbed unless it is not supported by any fair interpretation of the evidence, the court find that such determination has a sound and substantial basis in the record. It is noted that the wife has been the child’s primary caretaker and, with the assistance of her family in Puerto Rico, she can ensure a stable home environment which is free from domestic violence, as compared to the uncertain and volatile living arrangements in place before the parties' separation. A NY Crimnal Lawyer said the court therefore, finds that the wife has made a sufficient showing that relocation was warranted, despite the contrary recommendation by the Law Guardian.
Whenever husband and wife fights, it is always the children that suffer the most. Any parent with sound mind would want a violence and crime free environment for their children. When you know of children who suffer from violence, feel free to call the office of Stephen Bilkis and Associates and speak with the members of NY Domestic Violence Lawyers. For your crime related actions, consult any member of the New York Criminal Attorneys.

Plaintiffs are a class of formerly homeless families and individuals for whom the City paid rent through a program called Advantage. The City induced these plaintiffs, many of whom are victims of domestic violence, to leave the relative safety of the shelter system and to enter into leases for apartments they could not afford. The City accomplished this by agreeing to pay all or a portion of plaintiffs' rent for a year with the promise of a second year if they met the eligibility requirements for the Advantage program. However, a New York Criminal Lawyer said once plaintiffs took the City up on its offer and moved, the City terminated that funding during the lease term.

An action for specific performance, and declaratory and injunctive relief was filed where plaintiffs seek to bar termination of a rent subsidy program (the Advantage Program) run by the NYC Department of Homeless Services even though federal and state funding was withdrawn effective April 2011.

Plaintiffs argue that the various documents appertaining to the subsidy program (Certification Letters, Participation Agreements and Lease Riders) contractually obligate the City to continue the subsidies.

Is the City required to continue the subsidies?

The court sympathizes with plaintiffs and recognizes that an adverse outcome could place them at risk of again ending up in the New York City emergency shelters for the homeless and battered women, a system undoubtedly already overcrowded and overburdened. Unfortunately, this cannot constitute a valid reason to reverse the trial court's determination because the court is constrained to apply cardinal principles governing the construction of contracts to the course of conduct and communications between the parties. Accordingly, the court finds that the trial court correctly found that the Advantage rent subsidy program for the homeless was simply a social services program, and that defendants did not intend to be bound contractually.

Courts have ruled before that the existence of a binding contract is not dependent on the subjective intent of the parties, but on the objective manifestations of intent; that in seeking a practical interpretation of the expression of the parties, disproportionate emphasis should not be placed on any single act, phrase or other expression, but on their totality given the attendant circumstances, the situation of the parties and the objectives they were striving to obtain. A Long Island Criminal Lawyer said that although the question of contractual intent is essentially factual in nature, this does not mean that a court is obliged to accept at face value every conclusory assertion of fact regarding intent.

In the case at bar, plaintiffs place undue emphasis on the trappings of contract language such as "guarantee" or "will pay," construing them as legal promises rather than mere assurances; it was reasonable to understand "guarantee" as defendants do, as intending to allay fears that rents would not be paid in the absence of public assistance, as had often happened under previous subsidy programs. Plaintiffs also rely too heavily on the signing procedure, which was meant to accomplish no more than ensure that participants were aware of the terms of the program. Even if the tenant participants and the landlords intended to be contractually bound, there is no enforceable contract in either instance because defendants profess to have understood the documents differently with respect to their basic material nature, i.e., that the City was undertaking a governmental social services obligation that was within its discretion to terminate rather than an contractual obligation; there was no meeting of the minds.

The Advantage program was a social service program no different from any other, and not a contractual obligation undertaken by the government. A New York City Criminal Lawyer said absent a contract, there is no merit to plaintiffs' contention that the City is required to grant a second year of rent subsidies if participants meet previously established criteria.

Without a contractual meeting of the minds, it is unnecessary to address the parties' arguments regarding the existence of consideration for plaintiffs' becoming participants in the Advantage program. In any event, it is a fundamental principle of contract law that a promise to perform an existing obligation is not valid consideration. Plaintiffs were obligated to cooperate and accept the housing offered by the Advantage program. Thus, their claim of providing consideration by suffering the detriment of leaving shelters and of leasing apartments that cost more than they could afford is also without merit.

To know more about domestic violence, what your options are, or the legal remedies available, contact Stephen Bilkis & Associates. We offer free consultations with the finest lawyers in the city. Our New York City Domestic Violence Lawyers can help you with your cause. We will help you fight your rights in the courts of law. Our New York City Criminal Lawyers can also assist you with pursuing criminal actions.

The defendant has filed an appeal for his conviction. The court found the defendant guilty of DWI. He was also found guilty of violating traffic rules and regulations. The defendant reportedly failed to stick to the right side of the road while driving and went over a hazard marking.

The court finds the defendant guilty of the DWI after he went off the rural road while driving and as a result, his car hit the telephone pole. The defendant allegedly left the scene without reporting the incident to authorities. After his trial by jury, the court sentenced him to 1 to 3 years of imprisonment. The defendant has filed a motion for appeal.

A New York Criminal Lawyer said that the defendant asserted in his appeal that the proof of his intoxication while driving should be declared as legally insufficient. According to his statement, the defendant claimed that he did not become intoxicated until after his accident involving the telephone pole.

A witness gave a statement and said that he came upon the staggering defendant standing on the middle of the road. The witness saw that he was talking to his mobile phone. The witness came upon him and remarked that the defendant had been drinking. The defendant replied that he only started drinking after he crashed the telephone pole. The witness further testified that the defendant had slurring speech and looked dazed and confused.

The state trooper who arrived at the scene searched the defendant’s car and found a half empty vodka bottle. However, the defendant had fled from the scene. Later on, another state trooper came by the house of the defendant. A New York City Criminal Lawyer said the trooper had observed that the defendant had glassy eyes, slurred speech and had difficulty in body coordination. The trooper also detected the smell of alcohol on the defendant.

When the defendant was tested several times for sobriety, he failed repeatedly. During the time of the accident, the jury has noted that the weather was clear and dry. It was also noted that there was only one slight bend on the road near the crash site.

During the investigation of the trooper, the defendant told him that the he had one or two beers at the party that he attended before he drove off for home. The defendant then claimed that he did was not intoxicated until after arriving home. According to his statement, the defendant drank a few more beers and emptied half a bottle of whiskey before the state trooper arrived on his doorstep. The defendant further told the trooper that he was staggering in the middle of the road because of the dizziness he felt from the impact of the airbag in his car.

Based from the evidence presented, the court finds the case in favor of the people. The jury also concluded that the defendant drove off the side of the road and hit the telephone pole because he was intoxicated.

Regarding the matter of the defendant’s appeal that the court did not comply with a statute involving the substitution of a juror while on trial. According to the statute, when there are changes made among the jurors, the court must put into writing the changes made and have the defendant sign the document. This should be done in the presence of open court. However, the defendant contends that he was not given anything to sign during the proceedings. In this case, the court granted the request of the defendant to substitute a current juror for another one. Despite consent provided by the defendant and his counsel, the appeals court has found that the county court had not followed the procedure of having the defendant sign a written consent in open court. This violates the constitutional right of the defendant by jury composed of 12 members.

The appeals court therefore finds the issue to be a constitutional matter and requires judgment to be reversed. The case will be tried again in county court.

If you are involved in a DWI case, sex crimes charge, or theft charge, you need to have the competent services of a skilled lawyer. No matter what type of charge against you, our legal team is always ready to represent you if you go to trial. Stephen Bilkis & Associates will gladly arrange a meeting for you.

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" »

A 33-year-old man from Tinley Park fought with police about his arrest for driving under the influence at almost 3am March 18 near the intersection of Oak Park Avenue and 175th Street.
As stated by the 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 glossy 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. In New York City and Nassau County, police are on the lookout for drunk drivers. Nassau Criminal Lawyers have many cases involving DUI and DWI.
He had problems keeping his balance while standing and was arrested after failing several field sobriety tests, according to local police. 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 DUI 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 his driver’s license and 10 percent of a $1,000 bond and is scheduled to appear in Cook County court April 27. His car was removed from the scene and his wife came to the station to pick him up.

Continue reading "Man Accused of DUI Says He Was Walking, Not Driving" »

A man from Pensacola, Florida, is accused of pushing his 4-month-old son. The violence caused the child to suffer a traumatic brain injury (TBI). Bond for the man was set at $150,000.
The 20-year-old father, of the 200 block of Marigold Drive, was charged with three separate counts of aggravated child abuse when he was arrested last week and placed in the Escambia County Jail where he still remains.
The child was brought to a hospital by someone close to him, but the exact details of that are not available at the present time. According to an NYC Criminal Lawyer, the Sacred Heart Hospital contacted the Escambia County Sheriff’s Office when it was suspected that the child’s injuries were non-accidental.
Initially, the baby’s father told deputies investigating the circumstances of the incident that his infant son had regurgitated some food and he then became unresponsive. He later admitted that he had been sitting on the floor holding his son in his lap when his incessant crying frustrated him so much that he “pushed the infant backward causing the infant to hit his head on the floor."
A NYC Criminal Attorney reports that in America, children from every socioeconomic, cultural, ethnic, and religious circle suffer from this “hidden epidemic” known as child abuse. The educated as well as the uneducated parents have been known to abuse. In locations like New York City and Westchester County, Domestic Violence like this is treated as a serious crime.
The epidemic is so widespread that every 10 seconds, a report of child abuse is made which equates to more than 3 million child abuse reports annually. This number does not count the mulitple children listed. For example, in 2007 alone, of the more than 3 million reports made, over 5.8 million children were involved. In approximately 10.8% of those cases, physical abuse was alleged or proven. Sadly, almost five children die daily due to child abuse and more than 75% of them are younger than 4 years of age – too young to even begin to defend themselves.
Even though abuse is something no one wants to be a victim of, the cycle is almost impossible to stop. When dealing with abusers, studies have shown that many of them were abused themselves.

Continue reading "Florida Father Charged with Child Abuse after Pushing Infant Son" »

A man linked to New York crime families claims to have been the victim in a knife fight with a Brooklyn pizza maker. The mob-linked suspect even went so far as to show his knife wounds to a judge in court. He was charged with murder in this case that has confused both prosecutors and defense thus far.
The pizza maker had cuts all over his body from the scuffle on Smith Street in Carroll Gardens, and he faces charges himself – felony assault, with more that might be coming, a spokesman for the District Attorney revealed to NY City Criminal Lawyers.
“I got arrested because of all the publicity,” said the pizza maker as he lay in a hospital bed in Lutheran Hospital. “They think this is some kind of mob story. I was just trying to defend myself.”
Neither the pizza maker, owner of a famous shop which such people as Beyonce and Jay-Z patronize, nor the suspect have been cooperating with authorities.
While the pizza shop owner was hospitalized, the suspect was arraigned. The suspect’s attorney insists his client did not start the fight.
The suspect has already been linked to crime families. In court, he lifted his shirt to show his chest was covered with bandages, as his attorney pleaded his case.
Prosecutors say that the suspect is a “violent predator”. It is their case that the pizza maker “suffered far worse injuries.”
The suspect’s attorney claims the large knife found on the scene belonged to the pizza maker, but prosecutors insist it belonged to the suspect. Since the suspect is on probation until 2013 for his complicity in a series of bank robberys across the country, he was held in lieu of $250,000 bail.
The judge in the case took steps to make sure the bail furnished by the suspect did not come from any criminal sources.
Despite the protests of the pizza makers, the whole case looks very much like something in which the mob might be involved.
Not only does the suspect have ties to mobsters, but NY City Criminal Lawyers have learned the pizza maker may have given a no-show job to a mobster in another crime family.

Continue reading "Ex-con Claims To Be Victim in Knifing" »

According to initial reports, 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 the Angelo 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 a New York City Criminal Lawyer—proceeded to rape her.
Later on that same day, she sought treatment at Signature Healthcare Brockton Hospital, say the local police. Late Monday afternoon, police arrested the college student who is 21 years old on the college’s Easton campus. 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 Brockton 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. Sex Crimes committed in Manhattan, New York City call for a NY lawyer who knows the ropes.
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 the city’s Angelo Elementary School as part of a Stonehill 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.

Continue reading "8 year-old Molested by Tutor" »

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

Continue reading "Stories from All Over NYC" »