February 20, 2012

Court Rules on Extending Order For Protection

Sex crimes according involves a lot of complications on how you can offer utmost protection to the victims. Victims of such kinds of crimes can be truly traumatized and even find themselves restless and threatened all the time. In this sex crime case of Wesley Foster, the amendment is asked to be modified for the further protection of the victims of the suspect’s alleged domestic violence acts. It was in July 5, 2004 when Foster attacked his ex girlfriend by breaking into her apartment and harassing her extremely.

He did this despite his orders of staying away from the victim. He was charged with several more cases of burglary and also criminal contempt amongst many others. It even involved stalking and extreme harassment. Everything was consolidated and the court advised him to go through treatment alternatives program. If he would go through such, then his degrees of conviction would be lessened and may even be dismissed. But if he would not give in to drug treatment, then the orders of the court would remain the same. He would be sent to prison for seven years.

Not only that according to a New York child pornography lawyer who was part of the team, his post release provision will be supervised up until five years. Besides the two chances that he was given, he still failed to finish the program. It was in 2006 when the appeal for added protection for the victims was amended that the maximum duration of the protection was even increased up to around eight years.This is just right especially with such an erratic behavioral problem shown by the accused.

Such permission to extend protection was meant for the greater benefit and protection of the victims and witnesses involved instead of just merely punishing the defendant. It is the responsibility of the court to ensure that all the victims and witnesses involved would have peace as reward to the courage and responsible citizenship they have shown in standing up for such an intricate case. This is of course with the utmost cooperation of the officials of the law enforcement bodies.

Such extension should be honored especially for the greater benefit of the offense victims. It is only the Supreme Court who has the say and power to issue this final order of protection extension up to about eight years which is the maximum. This takes effect from the date that the sentence was made. Any appeal to have this request dismissed will surely be denied by the court. As with the perception of an expert this is just right especially for the families who have already been broken and torn apart by simply being involved in such cases.

You can only get this request for utmost protection if you would try contacting any New York sex abuse lawyer from the office of Stephen Bilkis & Associates. They are the ones who can help you understand the legal procedures you must go through and the requirements of proof that you need to comply. Above all, to have a competent lawyer by your side will not just increases your chances of winning but also increase your knowledge on such cases. Next time, you will never be deprived of your rights nor will you be threatened by anyone who attempts to steal your freedom.

February 9, 2012

Pop Star's Restraining Order Easement Not Surprising

A New York City Criminal Lawyer is not overwhelmed or even shocked that a popular pop star has had his sentence lightened after such a short period of time. The famous R&B singer who at 21 years old has been sentenced to five years probation, a one year domestic violence course, and community service.

The star was originally sentenced after pleading guilty to assaulting another celebrity, his ex-girlfriend, prior to the 2009 Grammy Awards. Even with the modified sentence, he is prevented from harassing or annoying girlfriend, but can speak to her if necessary. The girlfriend's lawyer stated to a Long Island Criminal Lawyer that she was fine with the modified order. It has not yet been determined whether the man has completed the domestic violence course or the community service; however he is still on probation for the remainder of the five year sentence. The public is not outraged, but also not looking forward to the fallout if the star and his girlfriend get back together. Most fans feel that both artists are better off apart.

The question has been raised by fans of why the star did not receive jail time or at least a harsher punishment, but sources show that girlfriend, her lawyer, and the star's lawyer came to an agreement for the lesser punishment. The girlfriend did not push the issue of trial, maybe for fear of losing or the man receiving no punishment. Public comments also reflect the thought that though the pop star is allowed to contact his ex-girlfriend, which he simply wanted the extended freedom to be able to attend awards shows. Fans and the public in general feel this break up, whether enforced by the law or not will enhance the careers of both artists for the better.

Whether star wishes to contact his girlfriend or not, he now has the freedom to attend public events at the same time as her without fear of being in violation of a restraining order. So whether the star's goal is to boost the number of public appearances or to apologize to his ex-girlfriend in person does not really matter as he is allowed to do either without fear. The only provision of the modified judgment is that the star, if speaking to his ex, does so in a respectful manner. He may not harass or annoy his girlfriend in any way, which should be common sense, but had to be placed in judicial writing.

Though the star was not punished as severely as he could have been for a charge involving domestic violence, his chances to remain completely free may have been enhanced by using a skilled legal counsel. If taken to court his lawyer may have been able to get probation without community service or domestic violence classes. No one will ever know what a difference a skilled lawyer could have made in this situation.

January 28, 2012

Mouthy children get shot and killed by their mother

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, as reported by a New York Criminal Lawyer. 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. 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.

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.

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.

Whether you have been charged with domestic violence, a drug crime, or a theft crime, don’t ever go to trial without the help of qualified legal counsel. Even if it looks hopeless and you are facing serious charges, don’t give up.

December 18, 2011

Disturbing reports are very common particularly domestic violence issues wherein the victims are the wives and the children.

Because women are suppose to be physically weak there are some men who take advantage of this and physically abuse their partners, wives, daughters and others. Disturbing reports are very common, particularly domestic violence issues where the victims are the wives and the children.

On March 7, 1997, the defendant who is the ex-boyfriend of the victim attacked her in front of her apartment. She and her three daughters where coming home from the supermarket when the defendant attacked from behind. The victim then was wheeling the baby carriage when the attack began and her two older daughters who were 7 and 12 years old were frightened by what they saw and began to cry. The victim’s face smashed against the fence and the baby carriage was knocked over. The defendant was very angry because the victim filed a complaint against him previously and put him in jail apparently because of domestic violence.

The defendant then grabbed the victim by the back and neck and ordered her to open the door knocking her head on the door in the process. The children followed behind, the older children carrying the baby inside. Upon entering the apartment, it is very fortunate that the children know where they will go. They went straight to their bedroom and stayed there while the defendant continuously assaulted the victim. They could hear him verbally abused their mother. The defendant also beat the victim using his hands, feet and a metal pipe. The defendant’s terror lasted 10 hours. The horror that the children experienced while they were trapped inside their bedroom has left them traumatized for a long time. They were afraid for their safety and afraid for their mother’s safety as well. All along the defendant was threatening the victim that he will leave her children motherless because of what she did to him before.

After a long time the victim finally got the chance to sneak out. She ran frantically to the nearest phone and called the police. The police arrested the defendant and filed charges of domestic violence against him. He also endangered the safety of his victim’s children. He also exposed them to the horrors of domestic violence.

The defendant was charged by the court with two counts of endangering the welfare of a child and intimidating a victim or a witness according to a Brooklyn Criminal Lawyer. He was also charged with menacing and a number of felonies related to the order of protection.

What the victim and her children experienced is a terrible situation that can haunt them for a very long time. The effect on the children of domestic violence has been documented for over two decade. The effects of such action or experience on them have already been established as very destructive and can affect how they see their life inside their home. The feeling of constant fear hinders their healthy well being.

It is just very fortunate that a New York Criminal Lawyer can understand what it feels like to be in a situation of fear and violence. They understand that in times like these fear is the worst enemy of all. They encourage everyone suffering from domestic violence, abuse or a sex crime to come out and tell their stories.

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December 4, 2011

There’s nothing sadder than a mother maltreating her own children

There’s nothing sadder than a mother maltreating her own children. This case is about a mother who inspite of having four children already, still didn’t have the maternal instinct to care for her kids. She has two kids from her first partner and twins with a man reported to have been physically and emotionally abusing her.

It was determined by the court and by the Social Welfare Department that the mother has actually sexually abused her eldest son. The court and the Social Welfare Officers are trying to establish if the mother’s behaviour is a result of domestic violence that was brought about by the father of the twins.

The mother has gone through a lot of counselling and therapy. She has also undergone sexual offender therapy because of what she has done to her eldest son. This is very disturbing because this is not a common case. It is not every day that we hear that mothers are involved in sex crimes against their son or daughter. She had actually completed all of the seminars, counselling and therapies except for the sex offender therapy. The reason for this is she refused to admit what she had done.

Despite the domestic violence issue between her and the father of the twins, the true victims in this case are the kids. Her eldest son, because of the sexual abuse has been showing negative behavior that is not normal for a child his age. The mother’s refusal to admit what she has done to him and her failure to recognize the especial needs of her son has created a wide gap between her and her child.

The mother is suffering from a deep behavioral and emotional distress. The Family court has used a lot of approaches to strengthen the ties between the mother and her children, according to a New York Criminal Lawyer. Unfortunately all of their efforts were unsuccessful. The mother still continues to have occasional relationship with the twins’ father despite the domestic violence issue. She also doesn’t have any concrete plans for her children especially about their welfare and wellbeing. She also refused to admit that she has sexually abused her son. Her parenting skills are also in question. Whenever she is permitted to see her children she neglects them and gets easily irritated by their “noise” and activities. She has been reported to show indifferent behaviour to her children during visitations. She often times seen to push the children away and shout at them. She also exhibits negative behavior and says negative things to her children. She even threatens to leave them whenever she feels that their behavior is too much for her to handle.

As a result of her behavior, the children have been placed under foster care. It can’t be told how long the children will be under such care because there are no clear signs that the mother is improving in terms of her emotional and mental state. The mother, however expressed her willingness to let her parents (the grandparents of her children) adopt her eldest son.

This is a true case that has happened in the state of New York. It is a very sad situation. A New York Criminal Lawyer is well prepared to handle cases of domestic violence and other related abuse.

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November 7, 2011

Woman is charged with child neglect after child takes painkillers

A 28-year-old woman was charged after leaving a child unsupervised for 12 hours. She was arrested early Monday morning, a New York Criminal Lawyer was told.

The woman from Pinellas Park, Florida, was watching a young child. She left the child by itself for 12 hours the day before; believes a reporter. It is unclear where the woman went that period of time. The sex of the child has not been confirmed.

When she returned home, she discovered the child unconscious. The child had thrown up several times during the 12 hours, a New York City Criminal Lawyer found in the police report. The woman called 911 while she tried to wake the child up.

Health officials were called to the house to help the child. When the child arrived at the hospital, tests were run. A blood test revealed to authorities that the child had taken oxycodone, a painkiller, while the 28-year-old woman was gone Sunday, indicated a study. Studies in New York and Westchester County concur with these findings.

Oxycodone is a strong painkiller that is used to treat moderate to severe pain. Little is known about the affects the painkillers has on children. It is unclear why the woman had the oxycodone in her home in the first place. Health records for the woman could not be obtained.

The woman is being held on charges of domestic child neglect that cause great bodily harm. The woman was in Pinellas County Jail on Monday. It is unclear where the child’s parents were when the incident occurred.

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November 5, 2011

Violent crimes often begin with too much to drink

Though it is typically touted as a way to relax at a party or calm your nerves after a long day at work, alcohol consumption actually precedes a variety of violent crimes that happen in our society, alleges a New York Criminal Lawyer. Every day people who have short or erratic tempers and emotional issues walk the tightrope when they consume alcohol, and often when they drink they can be easily pushed over the edge, starting unwarranted arguments resulting in violence and often times, injury.

According to studies, alcohol is often a factor in the behavior of people who resort to fighting, assault, rape and spousal abuse. For example, an intoxicated Indiana man was arrested in a Wal-Mart parking lot for beating his wife, who was eight months pregnant at the time. Police reports said that it took several officers to restrain the man and keep him from beating her further. The woman reported that her husband had become angry with her after she had insisted they leave the casino that he had been gambling, and drinking at.

Reports suggest that alcohol not only lowers one’s inhibitions, but it also lowers ones emotional tolerance level, expressed the NY Criminal Lawyer. In other words, it takes much less drama or dissent to make an inebriated person angry and likely to respond harshly. If you or someone you love has an alcohol problem that often leads to anger, violence or rude behavior, get help now. Studies in Queens, New York beat these findings out.

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