New York Criminal Lawyer Blog

James Taylor was 21 when he broke into a New Rochelle home on May 2, 1975. Assisted by three other men, Taylor entered the home of a suspected drug dealer with the intention of stealing money from the residents. Asleep in the home were the alleged drug dealer’s wife and three daughters, who were aged two, five and seven. According to a New York Criminal Lawyer, the four men, who were armed and wearing masks, demanded money from the wife and threatened to kill the children when she stated she had none. After she repeated her claim that there was no money to steal, the men threatened to kidnap the youngest daughter and hold her for ransom.

One of the men took the girls’ mother into a bathroom just off the master bedroom and closed the door. While holding a gun to her head he told her he would kill her if she didn’t reveal where they hid their money. She was then tied, bound and locked in a closet. When she escaped, the men were gone, along with her two-year-old daughter. She called police, who arrived on the scene. An officer noticed a blue Datsun in the area, which was occupied by Taylor, another man and a little girl. Police attempted to stop the vehicle, which lead to a high-speed chase. Finally, the car collided with a light pole, allowing police to rescue the child and apprehend Mr. Taylor and the other man.

At a non-jury trial, Mr. Taylor was convicted of first degree kidnapping, first degree robbery, criminal possession of a weapon in the third degree and first degree burglary. He was sentenced to 20 years to life. In November 1995, Mr. Taylor was paroled and as a condition of his release, required to register as a Level Three sex offender. At a redetermination hearing held in 2005, a Westchester County Court found that the Sex Offender Registration Act was unconstitutional in Mr. Taylor’s case and that he was not subject to its requirements. In April 2007, the court’s decision was reversed on appeal and a new hearing requested. The case was then forwarded to the Westchester County Supreme Court.

On April 22, 2008, Mr. Taylor was served with a new risk assessment document by the prosecution. In May 2008, Mr. Taylor filed a motion to dismiss the proceeding on the grounds that the Sex Offender Registration Act (SORA) was unconstitutional and that being forced to register as a sex offender would be a violation of his rights. The court denied the motion in August 2008 and a new classification hearing was held in February 2009. At that time, the prosecution recommended a Level Three classification and Mr. Taylor’s criminal defense attorney again objected on the grounds that he never committed any sexual abuse or other sex crimes.
In considering his argument, the courted noted that in People v. Knox, the Court of Appeals found that requiring someone to register as a sex offender for committing a crime requiring registration is not a constitutional violation even when there is no evidence to suggest that a sex crime occurred. The Westchester County Supreme Court then considered the risk assessment used to classify sex offenders, which is based on a points system. In Mr. Taylor’s case, he received 30 points based on the victim’s age and 20 points for the fact that he was previously unknown to her. The court noted that 50 points was more than sufficient to classify Mr. Taylor as a Level One sex offender.

The court then determined that 30 points should be assessed because Mr. Taylor and the other robbers were armed at the time the kidnapping occurred. Mr. Taylor’s defense attorney then questioned the mother’s testimony, arguing that it was unclear to her whether his client actually had a gun in his possession. Upon reviewing the grand jury minutes, the court found that this claim was without merit and that the additional 30 points were justified.

Next, the court was asked to consider whether 15 points should be awarded for Mr. Taylor’s prior criminal history. In November 1971, he was adjudicated as a youthful offender after pleading guilty to a non-violent felony. The court held that under state guidelines, juvenile crimes and youthful offender adjudications held equal weight in determining risk. Accordingly, another 15 points was assessed against Mr. Taylor.

The court then had to determine whether 15 points should be added for Mr. Taylor’s prior history of drug and alcohol abuse. In the early 1970s, he attended multiple drug and alcohol treatment programs, including a methadone maintenance program. In 1974, drug treatment was lifted as a condition of his probation. Mr. Taylor claimed that no points should be awarded since he was not using drugs or alcohol at the time the robbery occurred. After considering Mr. Taylor’s prior treatment record and his statements regarding his current lack of drug or alcohol use, the court found that no points were merited in this category.

According to a Westchester County Criminal Lawyer, the prosecution also requested that 10 points should be given based on evidence that Mr. Taylor did not accept full responsibility for his criminal actions. Mr. Taylor challenged this claim, stating that he never denied committing the robbery or kidnapping. He also asserted that he acknowledged his guilt before a judge in March 2005. The court found that the prosecution’s arguments were unmerited and that Mr. Taylor had made sufficient efforts to accept responsibility for his crimes.

Finally, the court had to consider whether 10 points should be added based on Mr. Taylor’s behavior while incarcerated and after his release. The prosecution provided evidence of multiple violations that occurred while he was in prison, including five Tier II violations. Mr. Taylor argued that he never had any Tier III violations and that the infractions that occurred did not involve violence or sexual acts. He also argued that since the Parole Board granted his release at his first parole hearing, this should serve as evidence of a lack of any behavioral problems. The court agreed with Mr. Taylor’s arguments and found no evidence which would merit the awarding of additional points in this category.

In total, Mr. Taylor received 95 points, which would qualify him as a Level Two offender. The prosecution sought to increase this to Level Three while Mr. Taylor sought to reduce it to Level One. Specifically, he argues that he never committed any crime that involved inappropriate sexual contact with a minor and that since his release he has made every attempt to live within the confines of the law. In sum, Mr. Taylor claims that he is no longer a threat to anyone and that a lower classification is appropriate.

After reviewing the claims of both parties, the court held that Mr. Taylor’s classification should be downgraded to a Level One offender. The court based its decision on the facts of the case and on the fact that his behavior since being paroled did not demonstrate any potential risk to society.

Mr. Taylor’s New York legal counsel continued to work diligently on his behalf long after his sentence was complete. Without his help, Mr. Taylor’s classification as a sex offender may not have been downgraded to a more appropriate level.

In cases involving sex offenses, it’s important to have an experienced criminal defense lawyer on your side. The law firm of Stephen Bilkis and Associates is committed to aggressively defending the rights of clients who’ve been charged with rape, sodomy, sexual abuse and other sex offenses.

If you or a loved one has been arrested for a sex crime, you need to call 1-800-NY-NY-LAW to discuss your case. Help is also available by visiting one of our New York area offices. Don’t let a conviction for a sex crime ruin your life. Get the experienced legal representation you need to protect your rights by calling Stephen Bilkis and Associates today.

In August 2002, Justin Palmer was accused of sexually molesting a 15-year-old girl in Florida. Five months later, he participated in an armed robbery of another Florida home. He pled guilty to both crimes and was sentenced to five years in prison. According to a New York Criminal Lawyer, after being released, he moved to Green County, New York. The Board of Examiners of Sex Offenders completed a risk assessment which classified Mr. Palmer as a Level One offender.

The prosecutor later argued that the Board failed to assign an additional 30 points based on Mr. Palmer’s conviction for the home 2003 home invasion. County Court determined that the robbery, while not a prior crime, should still be considered as an aggravating factor which would justify upgrading Mr. Palmer’s classification to a Level Two offender. Mr. Palmer subsequently appealed this decision to the New York Supreme Court Appellate Division, Third Department.

Specifically, Mr. Palmer argued that the prosecution failed to provide him and the County Court with the required 10-day written notice of their intent to seek a new offender classification. The court noted that this issue was never raised in County Court and therefore not subject to review. The appellate court also held that Mr. Palmer’s argument was without merit since the court record demonstrated that the he was well aware of what the prosecution was attempting to do with regard to upgrading his classification status. Therefore, his claim that his due process rights were violated was unfounded.

Furthermore, the court found that the County Court’s decision to upgrade his classification to level two was within its scope of discretion. The decision was based on Mr. Palmer’s home invasion conviction, which occurred after the alleged sexual abuse of the minor girl. The circumstances of the home invasion, including the use of violence, were aggravating factors which would support an upgraded classification. Accordingly, the appellate court chose to affirm the Mr. Palmer’s Level Two offender status.

Unfortunately, Mr. Palmer’s New York criminal defense attorney was unable to persuade the court that the upgraded classification was unwarranted. His new status could potentially make it difficult to find employment and become a productive member of the community.

If you or a loved one has been charged with sex crimes, you need to hire an experienced criminal defense lawyer to act as your advocate. The law firm of Stephen Bilkis and Associates specializes in defending individuals charged with sexual abuse, rape and other sex crimes in the New York area. Help is available by calling 1-800-NY-NY-LAW or by visiting one of the firm’s many office locations. A sex crime conviction can have life-altering consequences and severely damage your reputation. Contact Stephen Bilkis and Associates today to get the legal help you need to protect your rights.

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.

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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.

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One man has been arrested in connection with copper wiring thefts from mobile homes in the area, and the St. Landry Parish Sheriff’s Office put out a warrant for a second man in connection with the thefts, officials told a newsman.

The arrested suspect was booked into the St. Landry Parish Jail on three counts of simple criminal damage to property, due to damage sustained when the copper wiring was removed, one count of theft, and one count of failure to report an accident. A Warrant has been issued for the arrest of the second suspect, who is also wanted for theft, simple criminal damage to property (three counts), aggravated criminal damage to property and failure to report an accident.

The Sheriff’s Office revealed that the arrest and warrant were a result of an incident on Mar. 17, when their office received a report of robbery and criminal damage to property in Opelousas. The unidentified caller told police that two suspects were seen removing copper wiring from several mobile homes in the area.

That same caller also told the Sheriff’s office that the two suspects fled the area, and that the caller’s son was following a four-door gray car the suspects were believed to be driving. The exact make of the car was not yet available. Sheriff’s Deputies explained to they were advised later that same night that the subjects had wrecked the gray car into a utility pole and another parked vehicle on Cushman Road in Opelousas. By the time St. Landry Parish Sheriff’s Deputies arrived on the scene, they discovered that the suspects had abandoned their vehicle.

Deputies reported to officials that they were unable to locate the suspects at that time, though they were seen fleeing on foot through an open field in the area. Further details weren’t readily available about the initial incident. The Sheriff’s office is still looking for the second suspect in the copper wiring thefts, though details about the man are limited. Anyone with information is asked to contact the area Sheriff’s Office.

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latest legislative session.
One of these bills proposed sanctioning Colorado communities that do not assist federal immigration authorities. The other would require verification of the identities of voters.
The State, Veterans and Military Affairs Committee voted 3-2, with Democratic senators prevailing, to reject the bill that would have denied funds for municipalities that did not participate in the federal Secure Communities program.
The program is already operating as a pilot program in three counties in Colorado. It lets local authorities use federal databases to determine the immigration status and criminal record of immigrants who have been arrested. For now, the program is optional, but 2013, participation will be mandatory across the United States.
A representative for the Colorado Immigrant Rights Coalition said Secure Communities was “a mass deportation dragnet program, pure and simple” Proponents of the bill have advocated that violent crimes such assault, sex crimes, homocides, human trafficking and robbery occur more frequently among undocumented people.
Democrat legislators also said no to another bill that required proof of citizenship before one could register to vote. It also authorized Colorado’s secretary of state to discount the votes of anyone who did not supply sufficient proof of citizenship. The purpose of the bill was to reduce election fraud, but proponents gave no examples of non-citizens casting ballots.
“Why is this not something else than a witch hunt?” asked a Democratic senator.
The same Republican senator sponsored both bills.
He told NYC Criminal Lawyers, “Senate Democrats continually say illegal immigration is a federal problem that cannot be addressed on the state level. Yet just this morning they voted to grant in-state tuition to illegal immigrants.”
The Democratic majority in the Colorado Senate did approve a bill that would let undocumented students at state universities pay tuition at a lower in-state rate, so long as they were in the process of regularizing their immigration status. The Republican-dominated House of Representatives in Colorado does not expect it to pass.
The Republican senator said, “What this bill really does is incentivizing foreigners to come to this country illegally.”

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