New York Criminal Lawyer Blog

A nine-year veteran police officer was on patrol one evening when he responded to a radio communication of a man with a gun wearing a brown jacket on the corner of 121st Street and Seventh Avenue. When he arrived at the location, he exited his vehicle and spoke, first with a woman, and then with a man sitting in front of 2027 Seventh Avenue.

About 15 minutes after his arrival while he was still looking for the man described in the radio report, the officer observed defendant exit the door on the left side of the vestibule at 2027 Seventh Avenue, which was the entrance to a social club. A New York Criminal Lawyer said at the time, the officer was approximately five feet in front of defendant at whom he was looking directly. Defendant was then holding a packet of three by six inch white envelopes in one hand and a black plastic bag in the other. When he looked up and saw the officer, defendant was startled, jumped back, and immediately placed the stack of white envelopes in a plastic bag.

Thereafter, the officer approached defendant and asked him what he had put in the bag. Defendant replied, "I put nothing in the bag." Nonetheless, it was apparent to the officer, with hundreds of narcotics arrests experiences where approximately a dozen of which were made in the immediate vicinity of the social club known for its drug activities, something was in the bag since the bottom was pressed downward. The officer told defendant that he had seen him put a stack of envelopes in the bag, but defendant insisted, "I didn't put anything in the bag."
The officer then asked defendant to open the bag. When defendant, instead of complying, hung his head, the officer opened the bag, looked inside, and saw several stacks of white envelopes, later determined to number as 57 in all, with the words "New York Yankee Season Tickets" printed on the front.

Defendant began to breathe heavily. His hands began to shake. The officer asked him where he had gotten the tickets, and he replied that he had found the bag in a lot. When the officer said "I don't believe you", defendant replied, "Well, a friend gave me the tickets and asked me whether or not I could sell them and we could make some money".

The officer then placed defendant under arrest, without Miranda warnings.

Defendant pleaded guilty to attempted criminal possession of stolen property in the first degree and was sentenced to a one year term of incarceration, which he has served.
Defendant now challenges the propriety of the Trial Term's denial of his motion to suppress the 228 stolen New York Yankee season tickets (four complete sets), valued in excess of $1,500, that were the subject of the charge to which he pleaded.

Was the arrest valid? Was the search and seizure valid?

In evaluating the propriety of a police officer's actions during a street encounter, the crucial factor is whether the police behavior can be characterized as reasonable.

Here, given the officer's experience, the setting, both as to the time and location, in which the officer found himself, and defendant's response, i.e., secreting the envelopes inside the bag when he spotted the officer standing outside the social club, the officer quite reasonably suspected that the envelopes contained narcotics.

While it is a fact that the envelopes were white, not glassine, and had not been exchanged, nevertheless, the arresting officer who is experienced enough had reason to be suspicious. He had previously made arrests in which the narcotics were packaged in plain white envelopes.

In assessing the reasonableness of police conduct in surveillance activities thought to be narcotics related, once possession of the incriminating package is established, the absence of an exchange of the package does not render behavior, otherwise suspicious, innocuous, if sufficient that the indicia of criminality is present. Such an exchange is not a prerequisite to a finding of probable cause.

The possession of envelopes of a type such as those herein involved, which can be used in the sale of drugs, coupled with the officer's observation of furtive conduct, gives rise to, at least, a reasonable suspicion.

Under the circumstances presented, the officer was plainly duty bound to investigate.
What is more, the manner in which the officer pursued his inquiry was eminently reasonable. At no point did he forcibly seize defendant; nor did he tell defendant that he was not free to leave. A Staten Island Criminal Lawyer said he simply approached defendant and asked him what he had put in the bag.

Defendant's negative response only served to confirm the officer's initial suspicion of illicit conduct. In view of what the officer had just witnessed defendant's denials were, on their face, absurd.

Defendant's false answers which were obvious to the officer generated a basis for further police action. Defendant's untruthful response to the officer's questions significantly changed the nature of the encounter. Defendant's patently false answers to the officer’s inquiry afforded solid ground to look further.

Given the circumstances and defendant's obvious falsehoods, it was both reasonable and proper for the officer to focus on the contents of the bag.

Here, the officer, as he was duty bound to do, pursued his investigation in the least intrusive manner possible by asking defendant to open the bag. When defendant lowered his head in response, it was obvious that further inquiry about the envelopes would be unavailing. This prompted the officer to open the bag himself. Directing his attention to the envelopes, the focus of his suspicions, the officer found that they bore the legend "New York Yankee Season Tickets", certainly an incongruous discovery under the circumstances. Defendant's further response, first that he had found the tickets in a lot, and then that a friend had given them to sell, made plain that he was not their true owner.

Clearly, the officer had a sufficient basis upon which to make an arrest.

Defendant's responses were not the product of custodial questioning and therefore constitutionally infirm, but, rather, well within the permissible scope of legitimate non-custodial police inquiry.

Similar police conducts has been upheld as part of an escalating inquiry, despite the lack of probable cause. It should not make any difference, for Fourth Amendment purposes, whether a suspect acquiesces in a police officer's request, made pursuant to his duty to investigate, to open a bag, or whether the officer, pursuant to that same duty, opens the bag.

In all, every step taken by the officer in the rapidly escalating street encounter was an appropriate response to a new developing circumstance, each of which more clearly pointed to a criminal activity. The officer's investigation was conducted in the least intrusive manner possible. The officer is not obliged simply shrug his shoulders and allow a crime to occur or a criminal to escape. Neither the state nor federal constitution requires such a result. The officer’s actions, including the opening of defendant's bag to check its contents, were not only reasonable but the only appropriate steps to take under the circumstances.

Accordingly, the court finds that the officer’s conduct was reasonable at every stage of the encounter; the suppression of the stolen property was properly denied; and, the conviction and sentence is affirmed.

When one is faced with criminal charges, the consultation with a lawyer is crucial. Without one, at times, may result to a waiver of rights which could have severe repercussions to your conviction or acquittal. Thus, you must contact a legal representative immediately upon arrest, whether you have been charged with possession of stolen property, sex crimes or a theft charge. Contact Stephen Bilkis & Associates and confer with our New York Criminal Lawyers or our New York Arrest Attorneys.

Few people realize that they can be charged with child abuse or child neglect if they have a fight with someone in front of the child. A New York Criminal Lawyer said that most states currently have statutes that allow parents to be charged with child abuse or neglect if they are involved in a domestic dispute in the presence of the children. This is true, even if the child is not involved in the assault. If one spouse assaults the other, and one or more of their children are in the room with them, the primary aggressor in the assault can be charged with child abuse or neglect. There does not have to be any physical contact between the parent and the child. There does not even have to be any verbal assault of the child to qualify under the law.

Because of this change in the law in recent years, many parents have been charged with child abuse or neglect. In some cases, it is just not appropriate. Every family has disputes at one time or another. The ability of law enforcement to charge a parent with abuse or neglect for arguing with their spouse in the presence of the children is inappropriate. A Brooklyn Criminal Lawyer said many psychologists suggest that allowing children to see their parents disagree and then work out the issue together is important to teach children how to handle conflict in their own relationships as they mature. The obvious issue here is that if the parents become violent with each other, they start the cycle of domestic violence that may continue with their own children.

So when is it appropriate for the state to intervene? This line is blurry. Some people believe that state intervention is important at the verbal abuse stage and others believe that there should be physical contact between the spouses before the state makes any charges. Nevertheless, most states have criminal statutes that address verbal assaults. A Staten Island Criminal Lawyer said this type of assault usually involves placing another person in fear of an imminent physical assault. That is the difference. If the spouses are merely arguing to work out a problem, they may be angry at each other; but neither party is in fear that the other will actually harm them.

So the state intervenes when the police are called to a domestic dispute in which one or both of the spouses are in fear of a physical assault from the other. Of course, they are usually called when there is an actual physical assault. In most cases, when the police are called to a residence because of a verbal assault, they find that it is a pattern of domestic violence where one spouse has physically injured the other at some point in the past. In most states, simple assault is defined as an assault that places another in imminent fear of incurring serious bodily harm or injury. This statute is not usually able to be charged on the uncorroborated word of the victim alone. There must be another witness. In most domestic violence cases, that witness is one of the children.

Domestic violence is a problem for most civilizations. The ability to decipher the problem and protect the children who live in the home is difficult for everyone involved. In the state of New York, an isolated incident of domestic violence outside the presence of a child is generally seen as insufficient to establish neglect. This was established by the case of the Matter of Larry O., 13A.D3d633, 787 N.Y. S.2d 119.

Because a simple assault under domestic violence is so subjective, it is important to have a reputable Criminal Attorney to represent you. Stephen Bilkis & Associates, a Domestic Violence Lawyer can represent you. With convenient offices throughout New York and the Metropolitan area, it is convenient to locate one of these attorneys close to you. Only a NY Domestic Violence Lawyer is capable of handling a domestic violence case in the state of New York.

Every New York sex crimes lawyer has been able to handle a wide variety of cases that deal with sexual abuse of minors and other similar scenarios. With the modern world of today becoming filled with so much of the online community, it is also common to find cases where minors are sexually abused through online chatting. This is the exact case that happened to a professional attorney who was arrested for sex chatting with a 13-year-old and even meeting up with her in person to have actual physical sexual encounter.

There were two witnesses who emerged. The first witness testified that he knew the accused attorney to be a very dignified professional. In fact, Steven J. Lever, the attorney accused, is waiting for a job offer from the firm of the first witness. The second witness is a close family friend and testified too that Lever is a very honest person aside from being smart. The first hearing led for the suspension of the attorney for six months since the court was not convinced that he really had sexual contact with the minor involved.

But as per the view of an expert New York Criminal Lawyer, the sentence for the accused should be greater than that. Anything that abuses the rights of minors should definitely pay for all the consequences that come with such actions. Another credible lawyer believes that the abuse of Internet to take advantage of minors for sex, or endangering the welfare of a child, a grave misconduct, especially for another professional who should be smarter than the average person in the society. It is just right to not let any attorneys like Lever to still practice law with such an immoral background.

The court who handled the first hearing justified that such a light sanction was given since the accused was highly cooperative during the legal process of the case. He had no background on any disciplinary action and it was assumed that external factors of being stressed due to the recent passing of his mother could have been the thing that triggered him to entertain himself for a while through online chatting. Even the therapist who handled him said that there is a low chance of him doing the same offense again.

A Staten Island Criminal Lawyer said there is another case that shared almost the same details with this one. But the only difference is that in the other case, the actual sexual contact was proven. But with Lever’s case, there were no solid evidences presented. The alternative recommended sanction had a chance though to be given to the accused for as long as three years and he would be continuously go through evaluation with an expert psychiatrist. The biggest lesson learned about this is that no professional attorney should have the right to still practice their profession in the court if guilty of committing such an immoral crime.

No sex crime should ever get away from going through the right legal process. If you or any of your loved ones happen to get involved in such especially in the city of New York, do not hesitate to contact Stephen Bilkis & Associates. Sex crimes can be stopped in our society if we would all work together to crush it completely so that no human right will ever be devalued.

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

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

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

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

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

Continue reading "Brinks Truck Robbery Suspect Arrested" »

A 20-year old college student has been arrested in Boulder, CO, for allegedly picking up a box that contained fake identifications, sources have told a New York Criminal Lawyer. The University of Colorado sophomore had allegedly gone to the local grocery store to pick up a box that had been delivered to the store bearing a friend’s name.

Although the young man initially told police that he simply got “caught in the middle” of his friend’s scheme to distribute fake ID’s, police soon discovered there was more to the story that what they were just told by the suspect. During a routine check for weapons, officers discovered the suspect’s wallet. Within the wallet was a fake id. This was all the arresting officers required in order to charge the youth with “suspicion of forgery, criminal possession of a forged instrument and unlawful acts,” police told the NY Criminal Lawyer.

Authorities were tipped off as to the contents of the package when the package was delivered to the a grocery store by UPS, and an employee opened the package by mistake. She discovered a total of 22 fake ID’s that were grouped in pairs for 11 people. Sources went on to inform a Staten Island Criminal Lawyer that although each of the ID’s did match a real person as well as their address, each of the ID’s listed the person as being at least 21 years of age.

Why the package was shipped to the grocery store rather than to one of the parties, is one question that the police may already have an answer. The youth has been at least partially cooperative with Boulder Police as they investigated during the arrest. His words were to the effect that since he had used the Western Union services at the grocery store to pay his friend for the ID’s, that his friend must have gotten the addresses confused when he shipped the fake ID’s. A critical error apparently.

The investigation is continuing and thus far, the police have not yet made any further arrests in this case. The 20-year old college sophomore has been released on bond.

Whether you are found innocent or guilty of criminal charges, they can have a last effect on your personal and professional life. If found guilty, you could be facing jail time, fines, probation and community service. Even if you are found innocent, criminal charges can affect your employment, housing opportunities and personal relationships. Whether you have been charged with sex crimes, a drug possession charge, or a white collar crime, it is important to your case to obtain legal guidance as soon as possible. The sooner legal counsel is called, the better your chances of obtaining a favorable result.

At Stephen Bilkis and Associates, we will provide you with legal guidance and a free consultation. We have office locations throughout the New York area, including offices in Manhattan, the Bronx, Brooklyn, Staten Island and Queens. We also have locations in both Nassau County and Suffolk County on Long Island, as well as Westchester County.

Continue reading "College Student Arrested for 22 Fake ID’s" »

The state of Indiana passed an immigration bill (the vote was 31-18) that may encourage racial profiling. Racial profiling occurs when law enforcement officials assume a person may be guilty of committing a crime based on their ethnic background, explains a senator. State officials who support the bill maintain that racial profiling will not occur if this bill becomes state law.

While many in the State Senate support the bill, there are many small and large businesses such as Eli Lilly and Co. and Cummins, Inc. that do not support the bill. Many businesses in Indiana fear a decline in business conferences, trade shows and other commerce events due to the fear that participants in these events may be subject to racial profiling. Some out-of-state businesses have already canceled plans to hold company events in Indiana because of the potential for racial profiling and harassment. This has nothing to do with drug possession.

The piece of legislation, called the "Immigration Matters" bill, would require, among other things, all legal documents and hearings be presented in English only. The bill also states that local law enforcement would have added responsibility to enforce the federal immigration laws, which could lead to additional work by departments and personnel.

The "Immigration Matters" bill was authored by Indiana State Senator Mike Delph, R-Carmel. Delph was absent during the senate vote, however, because he was taking the state bar exam. The bar exam is given to those who want to legally practice law in their state, said a professor. Senator Delph claims that the bill will not encourage racial profiling and only serves to reinforce existing state and federal laws regarding immigration. Some in the Senate now fear additional lawsuits and other legal action if the bill becomes law.

Not all senators felt the bill should pass. Five Republican senators joined Democratic senators in voting down the bill. And even though the bill passed through the State Senate, it still needs to pass through the Indiana State House of Representatives to become law, reports a station.

Those who support the bill say their intentions are to protect Indiana from threats or acts of terrorism from those coming to the United States via Mexican borders. Supporters like those in Brooklyn and Staten Island also say they are concerned that more illegal immigrants will take away jobs from U.S. citizens, increase taxes and cause a lowering of wages because local businesses pay for cheaper labor when hiring illegal immigrants.

Continue reading "The Indiana Senate Passes Immigration Bill " »

After a 911 call was placed, a man was arrested for suspicion of driving under the influence. A trucker was the one who placed the call, reports a New York Criminal Lawyer. The trucker said that the SUV was driving erratically and the truck driver felt that the driver of the SUV was obviously under the influence.

The driver’s SUV was smoking as the driver sporadically changed lanes, directions and speeds. The trucker driver attempted to avoid a collision with the other vehicle. The driver of the SUV also crossed the center line and drove into oncoming traffic. At one point the trucker was forced to drive on the shoulder to avoid the SUV as the SUV attempted to pass the trucker. The trucker driver felt that the SUV was endangering the lives of the other drivers on the road.

Within a few minutes, police responded to the trucker’s call and attempted to arrest the driver of the SUV. At the time the police responded, the driver of the smoking SUV had pulled over to the side of the road of his own accord. According to the police, the driver initially resisted arrest. The police report also states that the driver had exhibited signs of a possible DWI at the time of arrest.

A second trucker also witnessed the events and confirmed the accounts of the first trucker who placed the 911 call. At the time of the incident, the two truckers were communicating via radio discussing the situation. Though no one was hurt in the incident, the driver faces criminal charges of driving under the influence and later resisting arrest. A Staten Island Criminal Lawyer advised that the defendant plead not guilty to the charges against him.

The evidence and witness would make this a difficult case to defend. The existence of two eye witnesses may be an especially difficult obstacle to overcome in defending the case. At this point, a trial date for the driver had not been set and no further updates were available.

Continue reading "Trucking Accident Leads to Suspected DWI Case" »

The Mississippi Lawmakers told a New York Criminal Lawyer that they are one step closer to reaching the same decision about immigration law that Arizona has implemented and adopted. What this means is that soon Mississippi law enforcement can stop people at traffic stop lights and elsewhere and ask them to show the appropriate immigration documents.
There are many who welcome this idea, but there are a lot of Mississippi residents that loathe the idea and consider it as a form of racism and profiling. According to the state reports, there was a lot of Hispanics that moved into Memphis, Mississippi in 1987. “A lot of these people are non-immigrants and do not have the right to stay in the country, said one Police Office to the New York Criminal Lawyer. A legislative bill is expected in Mississippi to hold every law professional such as the Police to check someone’s status of immigration if suspicious. People will also go through random checks even in places like Staten Island and Westchester County.
One resident of Mississippi is angry about it. She says she is an American and does not think that the Police should ask her of her immigrant status when they don’t ask people who come from Canada the same question.
However, a spokesperson explained that the Senate in Mississippi would get this bill passed. How it will work is that the police can ask for immigration records when they are involve with a traffic stop incident. The Senate wants to stop the threat of immigration and the problems that it causes.

Continue reading "Changes in Mississippi Immigration Law" »

An immigration official from the United States expressed concern to a New York Criminal Lawyer about the application that a CIA exile trainee filed in her jurisdiction. She noticed some red flags when she saw the answers that the exile put in his N400 form. When he was asked about whether or not he was a part of a government overthrow, he answered, “Yes.” When he was asked about his criminal history, he mentioned being imprisoned in Panama for four years.
The immigration official told the New York Criminal Lawyer that the answers to the questions eliminated him from being considered for such a prestigious status. In addition to those answers, it is to be noted that this CIA exile trainee had been arrested in the year 2002 with an accusation that he had plotted against Fidel Castro to assassinate him when he visited the country. However, he got convicted for a charge that was lesser.
The President pardoned his actions in 2004 and this action was thought of as being very controversial. According to the immigration official, these things are raising so many concerns in the judicial system. He was also accused of lying while he was under oath during his 2005 asylum hearing and his 2006 immigration and naturalization hearing.
The immigration official told the New York Criminal Lawyer that there were many confusions and errors during the trial as the defendant and his interpreter went back and forth from English to Spanish during the hearing. The defendant was also accused of not being truthful about how he came to the United States. The case is still ongoing.

Continue reading "Rock Singer facing jail sentence" »

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.

Continue reading "Breaking the Law by carrying a gun" »

A former television news reporter became the news recently. The slapping incident allegedly occurred in a parking area at the United Nations (UN), when former WPIX reporter, Vince DeMentri was accused of slapping the chauffer of the Bahamian diplomat for blocking a press-only parking spot. He was charged soon after the alleged incident with misdemeanor assault and harassment charges. The charges have been vehemently denied by DeMentri from the beginning.
According to the New York Criminal Attorney’s sources, DeMentri’s best witness turned out to be the accuser himself. Court records indicate that the Bahamian diplomat’s chauffer made a statement under oath that apparently was not included in his original police report. In his testimony, he stated that DeMentri called him the n-word. Defense attorneys would then argue against the credibility of the accuser and that his motives were not for justice, rather that the charges were an attempt to collect the financial rewards of suing someone that he may have perceived to be rich and famous. The presiding judge later sided with DeMentri’s attorneys and dismissed the charges against him.
It should also be noted that an eyewitness on the scene stated that they did not see DeMentri slap the chauffer and that the vehicle’s window was barely open at that time.
Within about three days following the alleged attack, the TV reporter became unemployed as his employer at that time, WPIX, chose to terminate their relationship with DeMentri; sources told a N York Criminal Attorney. However, this is not the first time that the self-described, “bad-boy” has been dismissed from a position. you would be wise to have local lawyer in Staten Island or Long Island if these same crimes were charged there.
New York Criminal Lawyer went on to learn that Vince DeMentri used to work at Philadelphia’s WCAU-TV as their news anchor. His legal entanglements in this incident stemmed from his alleged personal involvement with his female co-anchor. The resulting gender-bias complaint that was lodged against him resulted in his dismissal by the TV station. He has since griped that he was the one who lost his job while the female anchor remained in her position.
Immediately following the verdict, DeMentri exclaimed that he was the victim and not the bad guy in this. He went on to add that he is looking for work, presumably as a TV reporter.

Continue reading "Former TV Reporter in Philadelphia Accused in Slapping Incident—Acquitted" »