New York Criminal Lawyer Blog

A question of individual rights regarding a child who was rumored to have been allegedly sexually abused by her father has caused great controversy in the courts and between different interest groups

In 2003 in the state of Oregon, a nine-year-old girl was suddenly removed from her public school classroom by a child protection investigator who was accompanied by a deputy sheriff. Operating under presumed intelligence that the young girl had been sexually abused by her father, the two men interrogated her for a period of approximately two hours and sought confirmation that she had in fact been sexually abused. A New York Criminal Lawyer reports that allegedly, the young girl finally confirmed their suspicions; however, at a later date she confessed that she had only given the two men an affirmation because she was afraid and wanted to escape the interrogation.

The father of the girl was arrested, but later released when charges were dropped in regards to this specific case. However, it seems that the father agreed to a plea deal that involved a different charge of sexually assaulting a minor. In response to the interrogation by the deputy and child protection investigator, the family of the young lady filed a lawsuit, which was heard in the 9th U.S. Circuit Court of Appeals, located in San Francisco. A Bronx Criminal Lawyer notes that the case eventually made it to the Supreme Court, following an appeal by the state of Oregon.

A Bronx Sex Crime Lawyer commented that the divisive nature of this issue is evident by the claims made on both sides. Those who support the actions of the deputy sheriff and child protection investigator, such as the state of Oregon and certain child advocacy groups, make the claim that such an action should be allowed. They argue that the protection of the child is the most important factor, not the authority of the parents and the privacy of the family. Those who oppose the interrogation of the girl, such as the Family Research Council and the family themselves, argue that while the best interest of the child is definitely important, the repercussions of future “interrogations” and acts of government-sanctioned family separation have the potential for great abuse. A major concern seems to be: if this landmark case results in greater freedom for authorities to engage children without the knowledge of the parents, then conceivably arbitrary reasons for investigation would endanger the child and unnecessarily undermine the sanctity of the nuclear family.

Such landmark cases as this, which made headway in the Supreme Court, have a special importance. In the future, it may be that such cases become more common, due to the attention shown this one.

Sex crimes are complicated offenses, particularly when a child is the victim. Often the alleged perpetrator is a family friend or relative, which causes even more shock and pain for those involved. Whether or not the accused is guilty of the crime, these charges carry with them an emotional stigma, which creates very real challenges for the accused. The accused may experience difficulties with personal relationships, and problems with housing an employment.

If you have been charged with a crime, it is important to seek legal assistance as soon as possible. The sooner you seek the guidance of qualified counsel, the better your chances are for a positive outcome in your case.

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A city official referred to as the “Street Czar” and entrusted with serving the community of San Diego was recently charged with a serious sex crime: he allegedly subjected an underage female to molestation, as documented by a New York Criminal Lawyer.

According to court documents, the young woman, now 21, was younger than 14 at the time of the alleged sexual misconduct charges, which happened around seven years ago. The accused city official is relatively new to his line of work, being commonly referred to as the “Street Czar” for the city of San Diego. A Bronx Criminal Lawyer notes that on February 28, the 47-year-old man pleaded not guilty in court. The exact statement from the prosecutor in the case says that the defendant allegedly enticed the then-underage victim to touch his private area, a claim that is also said to be corroborated by an external evidence source.

Though the city-employed defendant will not have to undergo jail time during the time of subsequent hearings, a New York Criminal Lawyer stated that according to an official for the city of San Diego, the defendant had been placed on “administrative leave” that does not include compensation. Upon inquiry, the legal counsel of the defendant declined to comment; at the same time, the president of a local union admitted that the arrest was “surprising”, thought went on to affirm the truth that according to American courts, a defendant is innocent until proven guilty. The union president oversees the employment and economical interests of all but 2,000 city employees in San Diego.

For now, the judge presiding over the case has issued a protective order upon the defendant, forbidding him to associate with the alleged victim in any manner whatsoever. Disobedience toward this order would likely result in further consequences for the defendant. The charge pending against the defendant currently carries a felony status, with a matching maximum term of eight years in prison.

Being charged with a sex crime is serious, and can carry many serious penalties that can include prison time, monetary fines, community service and more. Whether or not you are found guilty of the charges against you, these type of charges can create problems with your personal relationships and employment. While these charges can be stressful and embarrassing, it is important to take prompt action and consult legal counsel. The earlier on in the process you do this, the better you chance you have for a positive outcome.

Sexual misconduct is one of many serious sex crimes that carry serious legal consequences, yet is not beyond the scope of legal proficiency for a skilled legal counsel. Serious repercussions accompany the accused in such cases, and it is wise to seek the representation and counsel of a qualified legal counsel. If you or another of relation are currently experiencing a situation similar to that described above, a Bronx Sex Crimes Lawyer has the resources you need to ensure a fair trial and receive comfort and encouragement.

Contact Stephen Bilkis and Associates for guidance and a free consultation. Whatever your charges, we will provide an aggressive defense and ensure that your rights are protected throughout your proceedings. We have offices to serve you throughout the New York area, including locations in Manhattan, Queens, Staten Island, the Bronx, and Brooklyn. We also have locations in both Nassau County and Suffolk County on Long Island, and Westchester County. Call us today to schedule a free consultation at 1-800-NY-NY-LAW.

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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Domestic violence whether we admit it or not has been a problem of society even during the early days. Unfortunately, the ultimate victims of this crime are the children. Often times a third party has to step in because both parents are incapable of recognizing that they are in a very menacing situation. Social Welfare may have to step in when the mental, physical and emotional development of the children are being compromised. A New York Criminal Lawyer can explain that social welfare acts as a government arm that ensures the children are safe and not in any kind of danger.

This case is all about domestic violence. The parents has been identified as people who keep on engaging in domestic violence and neither one has the capacity to get out of the vicious cycle of hurting each other. Friends, relatives, neighbors, police officers and even work colleagues have been asked to testify by the court. This procedure was necessary in order to establish a pattern that the parents have been continuously engaging in domestic violence for over 10 years already.

As a result, their eldest daughter has been diagnosed with enuresis or most commonly known as bedwetting at the age of six. The parents along with the eldest daughter were called in to undergo an evaluation at the a county mental health clinic because of their problem with their eldest. Apparently it was found out that the eldest has been playing “referee” or “peace maker” for her parents who were arguing most of the time. These arguments often end up in physical confrontations.

After several years, the children were then taken to their Aunt on the mother’s side after a significantly violent episode. It was observed that at age 11, the eldest daughter was rebellious and still wetting her bed. Her brother was withdrawn and very indifferent to other people. It was very obvious that the domestic violence issue at their home has created a negative impact on their mental and emotional state. The children were not growing in an ideal environment. Sadly both parents admit that what they are doing to each other has been affecting their kids ever since but they simply couldn’t stop hurting each other.

The case workers, as well as a Bronx Domestic Violence Lawyer who was working in this particular case were really concerned about the children’s wellbeing. That is why they have filed a case against the parents for exposing their children to such violence that hinders their children’s mental and emotional growth. In fact, a clinical psychologist from has testified that what the children have been manifesting is consistent to what he had studied and observed as an expert on children’s behaviour.

When children are involved it is considered as something very serious and alarming. The children are the future of a nation and therefore need to be mentally and emotionally capable to handle a great deal of responsibilities in the future. Domestic violence, a sex crime or any other such crime are considered serious offenses by the law.

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A former Maryland man was extradited from Eastern Europe in March 2011 to face rape charges from more than a decade ago. He recently appeared in court for a preliminary hearing.
The 51-year-old defendant is being held without bond. The charges against him are first- and second-degree rape, third-degree sex offense, first-degree assault, three counts of second-degree assault and two counts of false imprisonment. Queens Sex Crimes Lawyers are well versed in these kinds of cases.
A retired Maryland State Police investigator said the complaint was first issued on November 30, 2000.
“He said she sustained serious injury, and [the officer on the scene] called an ambulance,” the investigator said.
The woman was later interviewed at Washington County Hospital, where it was seen she had injuries such as scratches, bruises and swelling to her face. She had once been in a relationship with the defendant, but left him because of his tendency toward violence. Later, she resumed the relationship.
The day before the assault he became very angry with her over a scratch on a computer screen. He became “very romantic” after that, but she rejected his overtures, the investigator revealed to New York City Criminal Lawyers.
According to the woman, the defendant held her down and demanded to know if she had been in any other relationships while they were separated, then beat and choked her and said he was going to have sex with her. Judges in The Bronx and Brooklyn are known to be very harsh when sentencing defendants who are convicted of charges and crimes like this one.
“She was afraid to resist because she was in fear for her life,” the investigator testified.
The woman claimed she was bound with duct tape, a belt, and a necktie. She continued to struggle, at which point the defendant forced her to swallow pills. He only left after she promised to tell no one. She managed to free herself and ran into a trooper outside.
A warrant was issued, but the defendant had left for Germany and they refused to extradite him, according to reports. He was taken into custody in October 2010 when he was found in the Czech Republic. He had gone there to apply for a driver’s license.

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There is an old saying that “with age comes wisdom”. Apparently, this proverb doesn’t hold true for everyone, according to a New York Criminal Lawyer. Some people seem inclined to stay rooted in their old behavior patterns no matter how devastating they may be, and others pick up proclivities and habits that are not at all becoming as they age. Should an ‘elderly ‘ person be granted leniency for such a crime because of their age?

Take for instance the 72 year old man who was recently sentenced to 3 years in prison for sexually assaulting a 5 year old child in 2006. No one knows for certain if this is a behavior problem that has manifested recently or if he has been carrying it around for decades, but whatever the case, it is unacceptable in our society. Such lascivious behavior should not go unpunished, no matter how old or young the perpetrator, and yet, his lawyers are attempting to keep him out of prison because he is an elder. In The Bronx and Suffolk County, this type of behavior would not be tolerated because of age.

In this case, the man’s defense attorney has requested a suspended sentence for this man because of his age, claims a Queens Sex Crimes Lawyer. The question is, does a man who raped a small child belong on the streets, no matter how old he happens to be? A crime is a crime and this one is particularly distasteful, because it stripped away the innocence of a young child and changed her life forever. Should this man be given a lighter sentence because he has spent more time on this earth? If the old adage were true, that age brings wisdom with it, then this man should have learned a long time ago that sexual assault on a child is not one of the best decisions that he could have made.

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What is it with sports super stars and rape? It seems like every couple of weeks we get to listen to another story of an athlete who was busted for rape in one capacity or another. According to a Nassau County Sex Crime Lawyer, most recently we have received word that a college baseball idol from Florida and his four friends were accused of raping a young woman while partying in the Bahamas. The 20 year old baseball player is hailed as a superstar because of the way he plays his sport, and no one wants to see a superstar go down for something that so easily could have been avoided, but if a man commits a crime, a man should do the time. This is certainly the attitude in The Bronx and Weschester County when it comes to Sex Crimes.

Perhaps when college guys get hit with the sports spotlight their ego grows a few sizes. Or perhaps they somehow come to see themselves as invincible, in a way, as if they can get away with anything, but no matter how revered a man is on the field, his off time actions will come back to haunt him if he makes the wrong play. Soon after they will see that the illusion of being untouchable was never real at all, despite their contracts, how sharp their game or what team they got signed to.

A mother of one of the young men who was there the night of the rape commented on how she had known all of the men involved for years and she could not fathom that these good, clean American boys could commit such a crime, reports the NY Criminal Lawyer. The mother admitted that she truly thought their innocence would be maintained. But police aren’t so sure, and they are conducting a full investigation to find out what really happened that night in the Bahamas. At this time the baseball player has been released on $10,000 bond and is awaiting trial.

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What may have been a bogus call to 911 has been added to evidence in the case of two police officers charged with rape, NY City Criminal Lawyers have learned. The 911 call was used to explain one of the four trips the cops made to the home of the victim.
The 911 call originated from a pay phone at First Ave. and E. 13th Street by a man who claimed to be Canadian. The alleged visitor from Canada called to complain about a homeless man sleeping in the hallway of a nearby building.
“He’s just sleeping there in the hallway… He smells really bad,” the caller said. The tape of the call was played in Manhattan Supreme Court.
“He didn’t bother anybody, but he’s like right at the front door.”
The pay phone was on the same corner where the officers in questioned had come to respond to a fender bender. The dispatcher put out the call about the homeless person, and the two officers already nearby responded to say they were going to investigate. They reported their arrival in the lobby of the building at 1:59 a.m. Unfortunately for them, they were caught on tape entering a different building at that exact same time. In The Bronx and Westchester County authorities are vigilant when it comes to police behavior.
This was the building where their accuser lived. The pair of officers had already been there earlier, New York Sex Crime Lawyers found upon investigation. They first went there to escort the woman inside after a cabbie called 911 because the woman was too drunk to get out of her cab.
Surveillance video showed the cops returning to the building twice more that night.
The first time, they were there for half an hour, during a period dispatchers believed they were dealing with a theft call. Another half hour they were in the building, they were supposedly on a meal break.
One of the officers is accused of raping the woman and the other of serving as lookout. They deny the charges. The 29-year-old woman is expected to testify, but may have been too drunk at the time to clearly remember just what happened.

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Jonathan Huff, resident of Roosevelt Island New York, NY, has been accused of touching one of the students at the school where he is the dean. Huff has been the dean at the Urban Assembly Academy for History and Citizenship for Young Men; located at 240 East 172nd Street Bronx NY 10457; for the last four years. He is also a published author. Huff was working Saturday when a 14 year old student claimed the 40 year old dean lead him into Huff’s office and molested him. The young man was there to attend a Saturday class. The boy reported the incident with the school the following Monday. School officials immediately called the Bronx County Police. Huff was arrested Tuesday on charges of endangering the welfare of a child, forcible touching and sexual assault. They are all misdemeanor charges. He will be arraigned in Bronx Supreme Court; located at 265 East 161st Street Bronx NY 10541.
If you or a loved is facing a misdemeanor sexual abuse charge, you will need an aggressive New York Criminal Lawyer on your side to defend your legal rights. Stephen Bilkis & Associates has New York Criminal Lawyer that understand the severity a sexual abuse accusation will have on you and your family and will work diligently to ensure your legal rights are protected. We offer a free consultation with an attorney at our office at 1-800-NYNY-LAW (1-800-696-9529). Call us today and discuss your legal options.

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