Criminal Procedure

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.

Published on: February 21, 2012

Court Rules on Drug Possession Charges

by Stephen Bilkis

Several police officers were charged with various crimes arising out of their conduct in connection with their search for a lost police radio. According to a New York Drug Crime Lawyer, the records of the case, the police officers went to two apartments to pursue a lead regarding the radio. The radio had been lost during an arrest related to a drug crime in the area several days earlier. The records said the police officers pushed their way into two apartments, ransacking both, and unlawfully detained the individuals encountered within the apartments. In searching the second apartment, the police officers discovered vials of crack coccaine and threatened the occupants therein that they would be charged with coccaine possession if the radio were not promptly returned. The police officers allegedly told the apartment occupants that they would “forget” about the drugs if the radio was returned. Administrative proceedings were then commenced against the police officers by conducting hearings.

Following a jury trial, each police officer was found guilty of unlawful imprisonment, coercion, criminal trespass, and official misconduct. Two of the officers were also convicted of falsifying business records. Prior to sentencing, the police officers moved to set aside the verdict alleging improper use of their statements in connection with the indictment and trial.

A New York Drug Possession Lawyer said that among the numerous issues raised on appeal, the police officers challenged the sufficiency of the trial evidence, the cour’ts charge on unlayful imprisonment, alleged inconsistencies in jury verdict and the court’s restriction on cross-examination of certain witnesses. Each of the police officers gave similar statements essentially denying any wrongdoing. The policemen testified in court that they saw one of the occupants of the apartment in the alley and he dropped the cocaine when he saw the police officers. One of the policemen said he has arrested the same person for marijuana possession prior to the incident.

Published on: February 20, 2012

Witness Testimony Questioned in DWI Case

by Stephen Bilkis

The defendant in this case is charged with a DWI and violation of vehicle and traffic laws. A hearing was ordered by the court to determine if the blood test obtained from the defendant had led to the violation of vehicle and traffic laws.

The police officer who arrested the defendant was named the witness in the hearing. There were no witnesses for the side of the defendant. The court heard the testimony of the witness and examined the evidence presented before it.

According to a New York Criminal Lawyer, after the witness had testified, the court has found the witness to be credible since the witness is a veteran police officer. On the day of the arrest, the officer was on his usual patrol when he received a report concerning a vehicle accident. He arrived at the scene and found the two cars involved in the accident. He noted that one car had attained damages on its rear end. The other car had damages at the front. The police officer chose to approach the car with the front damage. The driver of the vehicle was the defendant in this case.

Published on: February 20, 2012

Court Rules on License Revocation Issue for DWI o

by Stephen Bilkis

A man was arrested in November 14, 2007 for driving while intoxicated and his license was revoked. As part of his conviction, his driver’s license was revoked for six months. But because this conviction was the man’s first, he was able to join a rehabilitation program offered by the Department of Motor Vehicles.

A New York Criminal Lawyer said that as part of the rehabilitation program, the man was issued a conditional license. This license imposed restrictions on him: he can only drive to and from work; he can only drive to the rehabilitation program and its related activities; he can only drive to and from school; and he can only drive between 12:00 noon and 3:00 p.m. on Saturdays.

On February 10, 2008, the man was arrested once more for driving while intoxicated. He was arrested at 1:04 p.m. He was with his girlfriend and upon his arrest he told the arresting police officer that he and his girlfriend came from a bar. He was charged for driving while intoxicated and other offenses. Under the indictment, he was charged with aggravated unlicensed operation of a motor vehicle in the first degree.

Published on: February 19, 2012

Court Decides Issue of Probable Cause for DWI Stop

by Stephen Bilkis

The defendant was charged with DWI including various traffic violations. A suppression hearing was scheduled to determine if the statements admitted for evidence were allegedly given by the defendant. The hearing will also determine if the breath test results of the defendant will be placed under suppression.

The only witness in the hearing was the police officer who arrested the defendant for driving while intoxicated. The court was tasked to make a decision regarding the motion to suppress by reviewing the facts and the precedents of the case.

According to a New York Crirminal Lawyer, the police officer who arrested the defendant is an experienced female officer who already had several DWI arrests under her belt. On the day of the arrest, the female officer was on her usual patrol when she pulled over the defendant’s car. When the officer approached the car, she asked to see the license and registration. While the defendant produced the needed documents, the officer asked the defendant if he knew why she asked him to pull over. The defendant remarked that he was driving like an asshole.

Published on: February 19, 2012

Court Decides Whether Defendant Will Attend Sex Offender Program

by Stephen Bilkis

Sex crime violators are very rampant these days according to a New York Criminal Lawyer who once gathered surveys and studies about it. The factors that led to this are way too many to mention but what is important is that there are solutions and programs provided to help even the offenders to pay for what they have done or be treated if it was found out to be some kind of mental sickness. This is the same as the case here of Gonzalo Gonzales. He was fighting for his ability to complete the specific sex offender program set for him.

Based on the facts presented, it was last April 24, 2006 when the counselors from the correction program asked him to sign a form stating that he refused to take the said treatment which means failure of acknowledging his responsibility for the crime he was accused of. According to Gonzalez, he did not sign it for he never denied that responsibility for what he has done. He was very certain of himself that he did comply with the program.

The counselor Groge Pundy is responsible for screening and interviewing the sex offender program candidates. According to him who was further interviewed by Queens Criminal Lawyer, Gonzales did not take the program while still being in New York and under the custody of the state’s correctional services. One of the main requirements for the program is that the offender must be responsible to pay what’s due for the crimes he has done. If in the screening process alone, the responsibility is denied, then this just means refusal to enter the program as well.

Published on: February 19, 2012

Defendant Contends Actions Under SORA are Unconstitutional

by Stephen Bilkis

In a lot of sex crimes these days, an expert New York Criminal Lawyer says that there are many accused who suffer from a certain kind of mental abnormalities. Such case lets the court decide that such accused undergo certain treatment like the SORA. But in this case, the alleged named as Elias McFarland. However, in this case he keeps on appealing that such program is unconstitutional and that he would fight for his right.

The court did not agree that the decision for the SORA is unconstitutional. It even scored him as a sex offender who is of high risk and falls as level 3 offender. But the defendant still continue to disagree and never stopped submitting written submissions to serve as additional support to what he is trying to prove. He contends here is no valid reason at all to have his level 3 designation to be lowered for he was certainly considered as a high risk offender which means he is of great harm to the society.

At one point, a New York Criminal Lawyer said it was questioned why the Attorney General’s office did not show up during the hearing. But as analyzed by a New York sex abuse lawyer who is well experienced, such decline to appear just meant that they are confident already of the way they assess the risk levels of such offenders. It just means that there is no need for them to even show up for all the proposition is already well settled. All the facts were all outlined well and complete sets of evidence were are presented without any chance of being argued by others.

Published on: February 18, 2012

Court Decides DWI Case

by Stephen Bilkis

According to a New York DWI Lawyer, the defendant has filed a motion to deny the request made by the prosecution that he should be sentenced as a felony offender for the first time. The defendant had given a guilty plea for attempting to sell illegal drugs. The defendant was convicted for assault charges which he admitted he was guilty. He was sentenced to a prison term of at least one or one and half years. The maximum sentence is four years. The defendant has already admitted that he was the same defendant who was initially charged for the first felony. The defendant has challenged the conviction made in his second conviction. The defendant contends that he received ineffective counsel from his lawyer.

The defendant presented a memorandum to support his motion. The letter memorandum contained an outline of the defendant’s case. It also includes information that the defendant had informed his lawyer about the facts of his alleged offenses. These offenses were the basis of his current assault conviction.

A New York DWI Lawyer said that the defendant further contends that his previous lawyer failed to present a DWI defense during his previous conviction. The defendant also challenged the prosecution that his guilty plea should be removed from the records since he was denied the effective counsel assistance. To support this statement, the defendant has submitted a letter from that lawyer who affirms the circumstances that are relevant to his guilty plea. The prosecution has opposed the motion of the defendant and filed a motion for the court to sentence him for his second felony conviction. It has been noted by the court that the defendant did not submit to a letter from the previous case’s lawyer that should have explained the circumstances involved.

Published on: February 18, 2012

Court Rules in Sex Crime Case Where Victim was a Minor

by Stephen Bilkis

Frank Grady was indicted for two counts of third degree sodomy upon a victim identified as J.P; three counts of third degree sodomy upon a victim identified as C.V.; and one count of second degree sexual abuse against a victim identified as L.G. The third degree sodomy counts were classified as E felonies and the sexual abuse count as a Class A misdemeanor. The counts were all categorized as statutory in nature due to the ages of the victims, who were 16, 14 and 13, respectively.

Mr. Grady’s criminal defense attorney filed a motion with the Albany County Court to dismiss the indictment because of insufficient evidence. According to Section 130.16 of the New York Penal code, a person cannot be convicted of consensual sodomy, attempted consensual sodomy or similar sex crimes that includes lack of consent as an element if the failure to consent stems solely from the victim’s age. In cases of sexual abuse, molestation or other sex crimes involving an underage victim, the child’s testimony must be supported by additional evidence to prove that sexual contact occurred or was attempted. Essentially, the defense argued that the victim’s testimony should not be considered sufficient on its face value to render an indictment since they were all underage when the alleged sex crimes occurred.

A New York Criminal Lawyer said that the court held that the defense’s arguments were illogical and noted that in common law, testimony offered by victims in sex offense cases was not required to be corroborated. The requirement for corroboration of victim testimony was fairly new at the time of Mr. Grady’s trial and applied to cases involving forcible or statutory sodomy.

Published on: February 18, 2012

Sex Offenders Display Early Signs of Mental Illness

by Stephen Bilkis

When you ask an expert New York Criminal Lawyer these days, it is common to hear that most sex offenders suffer from severe mental abnormality or disease. To help you further understand this, we take a good example of this case of John Suggs. He is a known detained sex offender who suffers gravely from being mentally abnormal. During his trial, two expert psychologists presented in court to prove and offer their opining that John truly suffers from mental abnormality. The doctors are named as Dr. Krishner and Dr. Peterson.

One of the doctors rendered a summary report that described his childhood, teenager and adult history when it comes to history of trauma and abuse. It was outlined comprehensively as they recount all the helpful things that may have happened in the past of the accused. As a child, it was discovered that he was not taken good care of by his parents. At the young age of three, he was already wandering the streets and since then has become such a great rebel in school and even in the immediate community he was in.

According to another New York Criminal Lawyer, he also once set fire to a dormitory and even was convicted of the death of his own mother at one point. He even attempted to commit suicide at the young age of 11 by thinking of drinking mercury straight from a thermometer. It was at the age of 1 when he committed his first rape case. He kidnapped a female college student by pointing a knife straight at her and raped and stole some money from her in a room. The lawyer who once studied this case believes that this is such a case of extreme mental abnormality.