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.

A man who was wanted in connection for abducting his son was arrested in February by agents of the U.S. Marshalls Service, sources told a reporter. The man is waiting to stand trial on charges of interference with child custody and contempt of court. The contempt of court charge is reported to be a violation of probation that was part of a previous charge of domestic violence.

The incident began innocently enough in October 2010 when the 46-year old man picked up his son at his ex-wife’s residence. The former couple shared custody of their son, and this was a part of the scheduled weekend visitation that was included in their divorce settlement, sources informed a friend.

Based on the police reports, it appears that things went wrong just before the man was to return his son to his mother. He had just discovered that a civil warrant had been issued for his arrest for failing to follow the terms of the divorce. It is unknown at this moment what stipulations of the divorce that he violated. Sources further add that when he was en route to returning his son that he observed a deputy in the area near to her home. It is thought that he then panicked and fled with his son. Sources have been unable to confirm or refute whether the deputy was in the area looking for him, or if the deputy was simply on routine patrol.

Before the end of 2010, the National Center for Missing & Exploited Children submitted a request to the U.S. Marshalls Service, and specifically the Florida Regional Task Force, for their assistance in locating the missing child. With the vast resources of the United States Government at their disposal, agents of the Marshalls Service conducted an extensive investigation and learned that the boy’s father had taken him throughout the United States in an attempt to elude law enforcement, and keep the child himself. The task force thwarted those efforts by locating him and the boy in Wolverine, Michigan. The boy was safe and unharmed. The same laws apply in New York City and Suffolk County.

Continue reading "Man Arrested in Child Abduction Case" »

The mother and aunt of a baby girl from Colorado Springs are accused of taping the child’s wrists, ankles, eyes and mouth with tape and then leaving her in a running shower. They are charged with attempted murder, and their trial is set to proceed.
The 19-year-old mother and 50-year-old aunt were in court last Friday for the preliminary hearing. It was there decided that enough evidence is available to proceed with a trial. In addition to the attempted first degree murder charge and child abuse, the mother has also been charged with two counts of crime of violence, each of which carry a sentence of up to 48 years in prison. A New York Criminal Attorney says that if found guilty, the young mother could spend the rest of her life in jail.
The 20-month-old victim is still in the hospital. She suffered brain damage from the abuse.
Police report that officers were called to the 2400 block of Farragut Avenue in Colorado Springs. They were told that a 20-month-old child was not breathing. When paramedics arrived on the scene, the little girl was unconscious. She was immediately taken to Memorial Hospital with serious bodily injuries.
Police revealed that further investigation into the incident uncovered that the injuries were not accidental. This led officers to arrest the victim’s mother and the other woman in the home.
A N York Criminal Attorney says that the arrest affidavit reported that when police arrived, the little girl was unconscious and not breathing and had black tape marks on her wrists, ankles, eyes and mouth. She was pronounced dead at 3:10 p.m., but just after 4 p.m., the investigating detectives were told the child was breathing again. Police in The Bronx and New York City are on call for these crimes.
According to the affidavit, the child’s mother told police that she had seen her aunt in the bathroom with her daughter at some point earlier in the day. Apparently, the toddler was lying in the shower, bound by tape, and being sprayed by water as a disciplinary action. The mother admitted that she did absolutely nothing to stop her aunt. She then went into a bedroom and fell asleep. The affidavit continues on, saying the aunt allegedly left the toddler in the bathroom with water running on her and then left the room and fell asleep.
A 7-year-old boy, of the same household, told the police that he was the one who later found the little girl in the bathroom. He ran to get help from the adult women. They called 911 as they tried to revive the child. The court document also reports that the 7-year-old boy said the aunt was mad at the little girl for knocking over her drink, and she had spanked her on the behind with a belt before bringing her into the shower.
The women are due back in court at the end of May.

Continue reading "Abused Toddler Suffers Brain Damage" »

The suspect in the case of a man who stabbed his girlfriend to death did not only stab her. He didn’t even try to merely decapitate her. He attempted to destroy her face as well.
“It was pure anger,” a police source told New York Criminal Lawyers. The victim’s body was found, covered with blood, in an apartment on the Lower East Side. “He didn’t want her to leave and he didn’t want her to be beautiful for anyone else.”
According to the police, the 33-year-old suspect used several knives to slash his 23-year-old girlfriend, in a fit of rage. At one point, he cut her so hard that the tip broke from one of the blades.
She was killed by a stab wound in her neck. It left “a gaping stab wound to the left side of the torso from which internal organs were protruding”.
The suspect, a public relations worker, was held without bail. He has yet to enter a plea on his second-degree murder charge and has been placed on suicide watch.
He says the victim attacked him. New York City has many violent crimes like this one.
Prosecutors explained in their reports that the suspect was going to attempt to escape, but he called his father for advice as he fled. The suspect’s father told him it was best to turn himself in.
“There’s no way to hide,” the father reportedly told his son. “It would go easier on you… if you turned yourself in.”
“It’s a horror beyond words,” the father’s lawyer said. “His dad told him to do the right thing and he did.”
The fight in which the victim was killed was so loud it woke neighbors, witnesses recalled for New York City Criminal Lawyers. Police found blood everywhere.
The victim was a former student of Hunter College, currently working in sales. She was studying for a career in marketing and advertising.
The suspect was a freelancer, described by one of his clients as a “cool, chill guy” and had a young son from an earlier relationship.
“He wasn’t a monster,” the client said. “He was ambitious. This is not someone who goes around hacking people.”

Continue reading "Killer in The Bronx Also Mutilates Girlfriend’s Body" »