Criminal Procedure

Published on: February 23, 2012

Court Addresses DWI Case of a Minor

by Stephen Bilkis

A man filed a legal action to discharge him against a complaint for failure to state a cause of action. It involves alcoholic beverage control law concerning underage drinking. The man states that there is no issue of fact by which he may be held liable and that no legitimate cause of action has been set forth in the complaint. The corporation, who stands as the opponent, opposed the legal action, stating that they claim a cognizable common law cause of action, and cross-move to modify their answer.

According to a New York Crimal Lawyer, said the bar (under the said corporation), who filed a complaint against the man is licensed to offer alcoholic beverages, to sell and for consumption on its premises by customers over the age of 21 years. The man at the time of the incident was a 19-year-old student. He was stopped by the police early in the morning while walking back to campus in an intoxicated state. He was brought to the police station on an unrelated matter and told the police officers that he was underage and had been drinking at the tavern earlier in the evening. He further told that he had gained access to that place by use of a false driver’s license. He purchased and was served alcoholic beverages.

The police officers then accompanied him to the bar, where he identified the employee, who used to be the longtime president of the corporation as well as the owner of the bar, as the person who had served him the alcoholic beverages. The president was charged with the penal law crime of unlawfully dealing with a child for allegedly selling alcoholic beverages. In addition, alcoholic beverage administrative proceedings were commenced against the company for the revocation of its liquor license because of the alleged sales of alcoholic beverages to several other underage college students.

Published on: February 23, 2012

Court Decides Unusual Sex Crimes Case

by Stephen Bilkis

It may be common for anyone of us to hear or watch rape cases in the news but we never realize how hard it is to handle with the right legal procedurures. One case that was very complicated to assess and it involved three men as the ones who are making an appeal. The ones that were mentioned in the proceedings were Michael De Vito, Theodore Buckley and Gary Mandel. In rape cases like this one, the mental background and reliability of the one who is complaining is very important.

The alleged victim was contacted via phone by Mandel for a good number of times last April 4, 1975. It appears that their houses are just several blocks apart and that Mandel invited her to his house to discuss a fresh course at the Brooklyn College. She went to his house and after a short conversation at the kitchen, she was given a glass of water which she consumed but made her too dizzy to still hold consciousness. According to a New York Criminal Lawyer, the next thing she knew, she was already in the basement struggling against Mandel. Then came the other two, De Vito and Buckley, to the basement through a back door and with that the worst sexual things happened.

The victim running away half naked when she finally saw the opportunity. She hid in some bushes and wait till the alleged suspects left. She ran and knocked into another home which was owned by Lila and Murray Raber. The three denied all these and said that what happened was with the consent of the victim. They claim that she only reported and filed a complaint out of utmost humiliation she suffered from during the sexual activity when water balloons burst inside her bra.

Published on: February 23, 2012

Court Decides Several Sex Crimes Cases with Common Denominators

by Stephen Bilkis

Every New York sex crimes lawyer has been able to handle a wide variety of cases that deal with sexual abuse of minors and other similar scenarios. With the modern world of today becoming filled with so much of the online community, it is also common to find cases where minors are sexually abused through online chatting. This is the exact case that happened to a professional attorney who was arrested for sex chatting with a 13-year-old and even meeting up with her in person to have actual physical sexual encounter.

There were two witnesses who emerged. The first witness testified that he knew the accused attorney to be a very dignified professional. In fact, Steven J. Lever, the attorney accused, is waiting for a job offer from the firm of the first witness. The second witness is a close family friend and testified too that Lever is a very honest person aside from being smart. The first hearing led for the suspension of the attorney for six months since the court was not convinced that he really had sexual contact with the minor involved.

But as per the view of an expert New York Criminal Lawyer, the sentence for the accused should be greater than that. Anything that abuses the rights of minors should definitely pay for all the consequences that come with such actions. Another credible lawyer believes that the abuse of Internet to take advantage of minors for sex, or endangering the welfare of a child, a grave misconduct, especially for another professional who should be smarter than the average person in the society. It is just right to not let any attorneys like Lever to still practice law with such an immoral background.

Published on: February 22, 2012

Court Rules on Defendant’s Second DWI

by Stephen Bilkis

In this DWI case, the defendant has formerly entered a guilty plea to the charge of driving while intoxicated. The guilty plea of the defendant was found to be satisfactory for other charges like resisting arrest and the failure to undergo a sobriety test. Following the arraignment, the legal counsel of the defendant had filed several motions.

A New York Criminal Lawyer said the motions filed were subsequently contested until a hearing to establish probable cause was scheduled. However, the hearing did not push through on that date. The matter was dismissed later on. On the same day, a conference before the trial was held in chambers with counsels also appearing. During the conference, the prosecution offered the defendant to make a guilty plea on his charges to reduce his sentence if convicted.

Before taking the plea offer of the prosecution, the court advised the defendant of his constitutional right to appear before the jury and stand on trial. The court also advised him that the prosecution had the burden of finding evidence against him. This means that the jury must be unanimous in convicting the defendant.

Published on: February 21, 2012

Court Rules in Husband and Wife DWI Case

by Stephen Bilkis

This legal action is filed against a restaurant by a husband who seeks to recover damages for injuries he sustained in a vehicular accident. His wife was driving while intoxicated and lost control of the vehicle. He claimed that the restaurant violated a general obligation law because his wife’s intoxication resulted from the restaurant’s serving the alcoholic drink, according to a New York Criminal Lawyer.

The restaurant move for a legal action to terminate the complaint filed to them on the ground that the husband purchased the alcoholic beverages for his wife and thus has no cause of action against them based on a violation of the general obligation law. In support of their action, the restaurant relied on the statement and testimony of the couple.

According to a New York Criminal Lawyer, at around 10 to 10:30 p.m., the couple consumed a bottle of beer from another restaurant then went home. Afterwards, the couple then went to the restaurant which they summoned. The couple arrived at approximately 11:00 p.m. The husband bought beers for his wife and they both drank at least four to five bottles of it. They left the said restaurant at about 1:30 a.m. and the wife was the one driving the vehicle. As they were proceeding north, the car went out of control, crossed over to the opposite bound lane and jumped on a guard rail. The husband sustained serious injuries in the accident.

Published on: February 21, 2012

Court Rules on Vehicuclar Manslaughter Case

by Stephen Bilkis

A driver from New York appealed when he was convicted of the crimes of vehicular manslaughter in the second degree and two counts of DWI (driving while intoxicated) and the traffic infraction of failure to keep right.

In tne early morning, following an evening of drinking at a bar, the defendant commenced driving his car with one passenger in the front and the victim, who was acutely intoxicated in the back seat. Shortly afterwards, the defendant was involved in a single vehicle accident, in which his car struck a guide rail, crossed the road and went into a ditch. Although the front seat passengers were not seriously injured, the one seated at the back died. A New York Criminal Lawyer said the pathologist who conducted the autopsy concluded the cause of death was Aspiration gastric contents due to Concussion. A jury found the defendant guilty on all four counts. His subsequent sentence included a prison term, a fine and restitution for vehicular manslaughter, one year in jail on each of the driving while intoxicated counts, and a fine for failure to keep right. All the prison terms were concurrent.

Records revealed that the defendant argues that his conviction of vehicular manslaughter in the second degree was not supported by legal sufficient evidence. When analyzing legal sufficiency, the evidence is viewed in the light most favorable to the prosecution and determine whether there is a valid line of reasoning for a rational jury to have found beyond a reasonable doubt each of the essential elements of the crime. Vehicular manslaughter in the second degree is comprised of criminally negligent homicide in which the death is caused by an operator who is driving while intoxicated. The defendant contends that the evidence failed to establish criminal negligence and failed to show that his conduct caused the victim’s death.

Published on: February 21, 2012

Evidence Questioned in DWI Case

by Stephen Bilkis

A man was arrested for DWI (Driving While Intoxicated) by a New York State trooper while on patrol in the City of Rome. The trooper observed a Chevrolet weaving within its lane and ½ car lengths into the other lane. The weather conditions were dry at that time. As the trooper proceeded westerly onto Rabbit Road he observed no violations, but after the vehicle turned left, he observed the vehicle go over into the other lane upon curves, and went over the center line once. The vehicle then proceeded where it was stopped at the direction of the officer. The testimony did not indicate at which time the defendant entered the City of Rome. Aside from the driver, there were two other occupants in the vehicle. The trooper approached the driver, identified as being the defendant, and noticed an average odor of alcohol upon his breath. The trooper asked the defendant to produce a license and registration which he did and then grabbed a cigarette from the passenger in the back seat.

A New York Criminal Lawyer said the trooper asked the defendant to step out of the vehicle so that he could ask him questions. Upon stepping out of the vehicle, the defendant used the door for support. The trooper then asked the defendant where he had been drinking and he responded that he drank in a bar. The trooper also asked him how much had he drunk and the defendant replied that he drank only one and added that he had a couple of beers and shots. He was asked where he was coming from and replied that he went to a funeral before going to a friend’s place.

The defendant’s license identified him. The trooper then asked if he would perform certain field sobriety tests to which the defendant agreed. The trooper conducted a horizontal gaze nystagmus test and stated his background and experience in conducting such tests. A proper foundation was laid for conducting the test for field sobriety purposes. A walk and turn test was conducted but the defendant lost his balance twice by using his arms, did not walk heel-to-toe, made a wrong turn, and walked off the line. The defendant failed the one-leg-stand test by putting his leg down, and a sufficient foundation was established primarily through the cross-examination. On the finger-to-nose test the defendant missed his nose once. An alcohol sensor test was conducted to determine any consumption of alcohol and it was positive for such.

Published on: February 21, 2012

Court Rules on DWI Case

by Stephen Bilkis

A motion was filed by the defendant to declare the evidence presented by the police officer as inadmissible. The court denied the motion since the police officer had reasonable reason when he approached the defendant’s vehicle, according to a New York DWI Lawyer.

According to the officer, he saw the vehicle of the defendant parked along the crosswalk and approached it. The officer noted that the vehicle had people asleep inside. The officer woke the occupants of the car and asked for identification. He noted that the driver showed signs of intoxication such as glassy eyes and slurred speech. The officer asked the driver to take the sobriety test.

A New York Criminal Lawyer said that the officer in this case had probable cause to arrest the defendant if he was found to be under the influence of drugs or alcohol. According to the analysis of the court, the questions of the police officer were not interrogative in nature. Since this was the case, Miranda warnings are not required. During the arraignment of the defendant, he was charged with operating a vehicle while under the influence of alcohol or DWI.

Published on: February 21, 2012

Defendant Challenges Sex Offender Rating

by Stephen Bilkis

It is common to find with any sex crimes that the offender appeals to the court of lessening the risk level category that they were assigned to in going through the treatment program for their benefit. This case of Allan Barnes, the offender,who takes issue to his being rated as a level three offender. It was clear that he never denied the physical injury he has done to his victim like scars and stitches on the victim’s lip and legs. Not to mention the memory problems she has suffered from due to the head injuries Allan inflicted too.

It was just a bit weird how he never denies this but keeps on telling the court that all these may have just been hearsay for the absence of convincing proof. It is more uncomfortable to unravel that despite his challenge on the judgment, he did not present any other version of the facts, at least his very own. A New York Criminal Lawyer said such proceedings are suggested by the court for the protection of the rest of the citizens of the community.

It is likely that a sex crime offender may reoffend again. The court does not deprive the offender to present any evidence that would not limit him in fighting for his own rights and for the greater interest of his liberty. When basing on the criminal background of the criminal, he has been an offender since his younger days charged with a burglary case. In Georgia, he was also once convicted of a drug possession way back in the early 80s. It was also interesting according to a New York child pornography lawyer who also studied this appeal that he was also once involved in a case for cruelty to animals.

Published on: February 21, 2012

Court Rules on Rape Case

by Stephen Bilkis

Sex crimes cases are the crimes that many wish would really go down in numbers these days. This is because majority of the victims of these cases are the women and the minors. This particular case is about Webster L. Chapman who was convicted of sex offenses that deal with a minor. The incidents happened last 2006 in the months of March and February. The victim involved was the cousin of the defendant who was 17 years old then. The rest of the convictions included vandalism acts in the home of Joan Osbourne who used to be the mother in law of Webster. It happened during the time when his former wife and three kids were still residing there.

According to the New York Criminal Lawyer who studied the case, there are no solid evidence presented for the convictions of rape he was accused of. The testimony of the victim did not straightly say that there were physical force dealt on her for it all started when she was just lying in bed and he started touching her in the most sensitive parts of her body. At first, the victim said that it was somehow consensual. But when the time came that she wanted to stop already, he forced himself on her still.

The victim also said to another NYC Criminal Lawyer who was part of the team that she has attempted to leave the house for a lot of times already but still returned on her own liking. She said that the accused can be way too loud and mean especially when it is under the influence of alcohol. There were also threats coming from Chapman on several occasions when she would refuse to have sex with her. If the court would just base its judgment from these testimonies, then it truly is not sufficient to win the case against the accused.