New York Criminal Lawyer Blog

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.

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.

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.

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" »

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 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" »

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" »

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" »

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" »

The first story comes out of Queens.
A grocery worker, apparently tired of providing polite service, allegedly hit a customer in the face with a bat, ending an argument that happened in a shop in Flushing.
The 24-year-old grocer had been having heated words with the victim in the grocery store at about 1:30 in the morning when the customer stormed out.
According to official documents obtained, the grocery store worker wasn’t quite done yet. He followed the victim across the street, grabbed him by the shoulder, turned him around, and hit him in the face with the bat, knocking the victim unconscious.
The victim lost one tooth in the assault and five others so loose as to require later extraction. The grocery store worker was arrested and charged with gun possession and assault.
Elsewhere in Queens, a woman and her sister were attacked by a man with a machete, like a scene out of a horror movie, NYC Criminal Lawyers have learned. The attack occurred in Ozone Park at about 6 p.m.
The 60-year-old suspect was arguing with the two women near his home on Sutter Avenue, when he picked up a machete and threatened them, according to sources.
The women attempted to flee and the man with the machete gave chase, cutting one on the arms and body. Fortunately, the police arrived to rescue the women. The victims were hospitalized, but neither of them had life-threatening wounds, sources told New York Criminal Lawyers.
A story out of Brooklyn tells of a man has been arrested for a prank – Super Glue on his neighbor’s front door lock. A man from Red Hook has been arrested for the deed.
Surveillance video clearly shows the 41-year-old suspect putting glue on the lock, at 8:30 a.m., police revealed to New York Criminal Lawyers.
Later in the day, the victim came home and found himself unable to open his own door. The suspect, who is said to have been arguing with the victim, was arrested the next day.

Continue reading "Stories from Around the City" »