New York Criminal Lawyer Blog

A man was charged on one count of harassment in the second degree alleging an act of domestic violence against the complainant. Consequently, the man served an action on the district attorney while the court action was pending. The three petitions were concurrently pending in the family court between the man, the complainant and a third family member concerning the custody of the man and complainant's child. The pending decision of the criminal and family court matters with the underlying issue prompted a screening by the Supreme Court and its integrated domestic violence (IDV) part in the county. After the screening, the court determined that the transfer of the family's cases to the IDV was appropriate by finding that it would promote the administration of justice.

The man moved for dismissal of the charged on one count of harassment in the second degree alleging an act of domestic cruelty against him and asserts that Supreme Court lacks an essential subject matter authority citing criminal procedure law. A New York Criminal Lawyer said the man also argued that irrelevant offenses charged as a sole count in a legal document may not be tried in the Supreme Court unless the offense is charged in an allegation that also charges a crime. The man further relies on the recent Court of Appeal’s decision that supports his dismissal request.

The man also claims that to understand the provisions of the constitution to grant the transfer of authority to the Supreme Court IDV part and to transfer a sole count of a violation level offense would support an improper use of the court's resources and gives the court's unarguable subject matter authority over more serious offenses.

The court stated that the article in the constitution provides that the Supreme Court shall have general original authority in law, equity and the immense geographical authority power of the court. A Long Island Criminal Lawyer said it has been characterized as original, unlimited and unqualified. It is well settled that the chief judge may institute standards and administrative policies for general application, which shall be submitted to the Court of Appeals together with the recommendations of the administrative board approved by the court.

Based on records, the Supreme Court IDV part possesses the power to transfer domestic cruelty matters to itself from a criminal court to promote the interests of justice. Further, once the matters have been transferred to the IDV part, the court then possesses the subject matter authority to hear all matters transferred by that same constitutional authority and the authority presented upon the Supreme Court in accordance to the constitution. The Supreme Court IDV part's authority to hear and dispose of domestic cruelty matters most certainly includes stand alone violation level offences that are transferred into the IDV part by the issuance of a Supreme Court IDV part transfer order. A New York City Criminal Lawyer said the determination that the provisions of the criminal procedure law remove the Supreme Court of its power to dismiss or try irrelevant offenses and a determination that the procedure law requires that a local court has exclusive authority over a violation level offense, would render the provisions of the law unconstitutional and void. Such a determination would be inconsistent with the delegation of authority to the Supreme Court by the constitution and the intent of the rules of the chief judge.

The court determines that the Supreme Court integrated domestic violence part has the authority to transfer a sole count of a violation level offense charged in information to the Supreme Court IDV part. The Supreme Court has the essential subject matter authority to dismiss or try the matter. Consequently, the man's motion to dismiss the charged on one count of harassment in the second degree alleging an act of domestic cruelty is accordingly denied.

Different individual do have their own insights and sometimes those differences can turn out into violence. If you suffered cruelty against your partner and you want to take an immediate legal action, you can call our New York Domestic Violence Attorneys to fight with you. If someone made unlawful actions against you or a family member, feel free to ask guidance from our NY Criminal Attorneys at Stephen Bilkis & Associates.

Lindsay Lohan's father, Michael Lohan, was apprehended and charged with 3 felony counts. Lohan was arrested at his West Hollywood home on suspicion of three different counts of domestic violence against a female living with him, according to authorities.

The arrest occurred during the same stretch of days in which his famous daughter, former child actress Lindsay was putting to rest a plea deal for her recent legal imbroglio the media has been calling "necklacegate."

Michael Lohan had been living with his lover, Kate Major, for the past few years. While out walking in his West Hollywood neighborhood, Lohan was en route past the sheriff's station when he was arrested.

Major alleged that Lohan had held her hostage, harming her physically, causing minor injuries, and prevented her from calling 911. The extent and nature of these injuries were not known at this time.

At the time of his arrest Lohan was charged with bodily harm to a cohabitant, hostage taking, and obstructing the filing of a victimization report, authorities explained to a New York Criminal Lawyer.

During his stay in lockup, Michael Lohan claimed to be suffering from an undisclosed medical condition for which he needed immediate treatment. Authorities transferred him immediately to a local hospital, while being held on $ 200,000.00 bail, according to a Long Island Criminal Lawyer.

It remains unconfirmed whether Lohan has posted bail. In a bizarre twist, his victim, Kate Major, said she has no idea where he is.

"I have no idea where he is, but I pressed charges because he tried to kill me!" said Major in her televised interview. Sources indicate that the domestic violence dispute was triggered by Lohan's insistence that Kate Major be interviewed with him on the show "Celebrity Rehab." During the time Major was in LA, Lohan was angry because he couldn't access funds he was owed, not being able to cash a check. Major told a friend she was fearful he would take his anger out on her.

Major was quoted by her friend as saying "...he has that look in his eye."

Continue reading "The Lohan Family Crime Spree Continues in Tinsel Town" »

A 16 year old girl and a 13 year old boy are shot and killed after talking back to their 50 year old new mom. The mom didn’t deny the shooting and killing of these two children.
The mom was already confronted once by police a few months earlier when they went to her residence for an abuse call. A New York Criminal Defender said the mom would slap her children in the face for talking back. The police couldn’t really do anything at that time for lack of evidence. A police spokeswoman said that this seemed like a normal incident of high tension between a frustrated mom and teenage children. The police didn’t think this woman would eventually shoot her children. Domestic Violence is not uncommon in Long Island and Staten Island.
The daughter had been going to a school counselor because of her own lashing out at her mom. She regretted how bad she had talked to and treated her mother. The counselor did say that she was told the mom would sometimes slap the children in the face for talking back. This really frustrated the teen girl who was used to being grounded for discipline and not hit. The counselor told the teen that a mother should not be slapping anybody in the face.
The hitting did continue to get worse. One time the mom hit the girl in the face for about 30 seconds on the way home. Once home she tried to continue hitting her but the teen caught her mom’s hand, stopped the hitting and decided to stand up to her mother instead of allowing her to keep physically abusing her.
A New York Criminal Defender stated that the mom is a step mom and not the birth mom. The children would often tell the mom that she was not their mom and this lead to more hitting and helped increase the frustration felt from the mom and the children.
After shooting her children, this 50 year old Tampa lady is being held without bond until her trial. The trial date has not been set and she is being help in a Florida State Correctional Facility.

Continue reading "Mouthy children get shot and killed by their mother " »

A middle-aged man was kidnapped for ransom earlier this week. The man was kidnapped and ransom was demanded after the man was taken. The man was taken from his own vehicle by several men.

The 58-year-old man was taken and held in the suspects’ vehicle. He was forced to call his brother and tell his brother to pay the five men ransom in order to secure his release. The man’s brother reported the call to the police who followed up on the report. The police responded by going to the location where the monetary exchange was scheduled to take place, a N York City Lawyer said. All five of the men who had kidnapped the victim were waiting at the location. In Long Island and Staten Island, these crimes are often considered to be domestic violence situations.

Three of the men were immediately arrested upon the police’s arrival. The other two men attempted to escape from police capture; the two men ran away as soon as the police arrived. A New York City Lawyer explains that running from the police does not help one’s case when the case is brought to court.

The police later received information informing them of the location of the two men. One of the fleeing men was caught and arrested along with the three who were already captured; the fifth man entered his vehicle, hit a police car and was shot and killed by the police at the scene.

The man who was kidnapped was found unharmed, although mentally shaken. He was being held in the vehicle used to hit the police car. At least one of the men had a previous criminal record. At this point it was unknown whether the men were going to be prosecuted individually or as a group.

The four surviving suspects are being charged with multiple crimes – including kidnapping, robbery and fleeing. The victim’s brother who reported the call to the police very likely saved the man’s life. It is unknown why this particular man was targeted or how the five men were able to get him from his car. A court date has not been set for this case.

Continue reading "Man Kidnap and Held for Ransom " »

Christian Bale who doubles as "Batman" avoided criminal charges which claimed that he committed domestic assault his sister and his mother at a hotel in London.

The Crown has decided that there was not enough evidence to procede with the case against Bale and told police to lay off.

No doubt, Bale had very good criminal lawyer to plead his case. As the outcome shows, they did a great job of convincing the Brits to drop the charges.

If you or a someone you know is arrested, hiring a Long Island Criminal Lawyer is essential for you. Not having a LI Criminal Attorney will lead to trouble in terms of not knowing your rights and options.

It was reported that Bale attacked his sister and mom just before he attended the premiere of his new Batman film "The Dark Knight."

Continue reading "Batman Bale Beats Brit Assault Rap-Did He Have A Long Island Criminal Attorney" »