Criminal Procedure

Published on: February 11, 2012

Court Rules of Constitutionality of the Drug Law of 1972

by Stephen Bilkis

On October 16, 1974, the Albany County Court in People v. Hollingsworth had an occasion to rule on the constitutionality of the penalty imposed by the Drug Law of 1973. The said law imposes a mandatory penalty of life imprisonment on certain drug crimes, making the penalty equivalent to that of heinous crimes, such as kidnapping or murder.

In the said case, the defendant was charged with the criminal sale of a controlled substance in the third degree. Prior to trial, the defendant sought the dismissal of the case because, according to him, the law infringes on his constitutional right to be free from cruel and unusual punishment, among others. He anchored his claim on the decision of the Monroe County Court in People v. Mosley, where it was held that certain provisions of the Drug Law is unconstitutional for being a cruel and unusual punishment.

In drug possession cases, it must be noted that the standard by which the court must determine whether a particular punishment is cruel and unusual, and hence violative of the Constitutions, is the modern concept of cruelty and unusualness prevailing in society at the time the question is raised.

Published on: February 10, 2012

Court Rules on Sex Crimes Case

by Stephen Bilkis

Sexual abuse can be everywhere, it might be occurring in our own home. According to a New York Criminal Lawyer, on September 5, 1995, the defendant was convicted by the County Court of crimes of sexual abuse and endangering the welfare of a child. During trial, the 13-year-old victim testified that prior to the commission of the crimes, the defendant, a 31-year-old live in companion of the victim’s aunt, told her that he wanted to rape her and have a baby with her. She further testified that he threatened to kill her whole family if she revealed his feelings about her to anyone. The victim indicated that she believed these threats and, for that reason, did not immediately report the crimes.

Based on the New York Sex Crime Lawyer, the defendant’ initial argument on his appeal was that the jury’s verdict finding him guilty of two counts of the crime of sexual abuse is not supported by legally sufficient evidence in that there is no proof of forcible compulsion. As relevant here, ‘Forcible Compulsion’ means to compel by either use of physical force; or a threat, express or implied, which places a person in fear of immediate death or physical injury to herself or another person. The higher court held that given the victim’s young age and the defendant’s dominance over her by reason of his age and relationship with her aunt, the jury could have reasonably inferred that he accomplished the sexual contact through the use of threats that placed the victim in fear of immediate death or physical injury to herself or members of her family.

Another argument that Archer had pointed out was that he was discriminated by the admission of evidence regarding prior bad acts of sexual nature that he purportedly perpetrated upon the victim. Generally, a Long Island Criminal Lawyer said, such evidence may not be offered to show the defendant’s bad character or his inclination toward crime but may be admitted if the acts help establish some element of the crime under investigation. This exception was said to be applicable in this case since the challenged testimony was admitted to establish that he engaged in a course of conduct that was likely to be injurious to the physical or moral of the victim, an essential element of the crime of endangering the welfare of a child that was charged in two counts of indictment.

Published on: February 10, 2012

Court Rules on Drug Charges Case

by Stephen Bilkis

On September 8, 11 and 12, 1972, an undercover police officer bought cocaine from a man at the Franz Segal Park. The police officer’ back-up team in the area did not actually see the exchange of money for the cocaine. The police officer just showed his back-up team the evidence of the cocaine he bought from the man in the park which was confirmed to be cocaine.

On September 13 and 18, 1972, the defendant again sold cocaine to another undercover police officer at the same area of Franz Segal Park. When the police arrested the defendant in his apartment they discovered marijuana in a bookcase and cocaine hidden inside the inner door of a refrigerator.

The man was charged with selling cocaine on September 8, 11 and 12, 1972. He was charged also for cocaine possession and selling on September 13 and 18, 1972. And he was charged for marijuana possession and cocaine possession for the drugs found in his apartment during his arrest.

Published on: February 10, 2012

Man receives charges of animal cruelty

by Stephen Bilkis

A Suffolk County man is facing felony charges for abandoning his 2 year old Doberman pinscher in an empty house without food or water. The dog was found in a closed bedroom dehydrated and almost dying. A New York Criminal Lawyer says the 20 year old man faces up to 2 years in prison along with numerous fines for aggravated animal cruelty. He is out on $1,500 bail. According to the SPCA the man has admitted that the dog was his. The 19 pound dog is now being treated at a local animal hospital in Plainview. Once he has fully recovered he will be available for adoption. The defenant is due back in court to determine the outcome of his case and will need a qualified legal counsel to help him in his quest for freedom.

If you or someone you know is facing criminal charges of any kind you may need assistance from Stephen Bilkis and Associates. One who can help you defend your case in the appropriate manner and help you obtain the best results possible.

Come in to our office for answers to the many questions you likely have, and a free consultation. We have offices located in both Nassau County and Suffolk County on Long Island, as well as Westchester County. In New York City, we have locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island.

Published on: February 9, 2012

Pop Star’s Restraining Order Easement Not Surprising

by Stephen Bilkis

A New York City Criminal Lawyer is not overwhelmed or even shocked that a popular pop star has had his sentence lightened after such a short period of time. The famous R&B singer who at 21 years old has been sentenced to five years probation, a one year domestic violence course, and community service.

The star was originally sentenced after pleading guilty to assaulting another celebrity, his ex-girlfriend, prior to the 2009 Grammy Awards. Even with the modified sentence, he is prevented from harassing or annoying girlfriend, but can speak to her if necessary. The girlfriend’s lawyer stated to a Long Island Criminal Lawyer that she was fine with the modified order. It has not yet been determined whether the man has completed the domestic violence course or the community service; however he is still on probation for the remainder of the five year sentence. The public is not outraged, but also not looking forward to the fallout if the star and his girlfriend get back together. Most fans feel that both artists are better off apart.

The question has been raised by fans of why the star did not receive jail time or at least a harsher punishment, but sources show that girlfriend, her lawyer, and the star’s lawyer came to an agreement for the lesser punishment. The girlfriend did not push the issue of trial, maybe for fear of losing or the man receiving no punishment. Public comments also reflect the thought that though the pop star is allowed to contact his ex-girlfriend, which he simply wanted the extended freedom to be able to attend awards shows. Fans and the public in general feel this break up, whether enforced by the law or not will enhance the careers of both artists for the better.

Published on: February 9, 2012

Potential Florida immigration law causes town debate

by Stephen Bilkis

A debate ensued in Palm City, Florida, where people gathered to voice their opinions on the potential likelihood that an Arizona styled immigration enforcement law in the state, a New York Criminal Lawyer was told. Emotions ran high at the Library where over 300 people arrived for the summoning. There was standing room only.

State Representative Bill Snyder, R-Stuart, called a town meeting to get the citizens’ opinion on the proposed law. Snyder has prospered the immigration law. Supporters of both sides of the issue were allowed to voice the pros and cons of the law.

Many times throughout the meeting, Snyder asked the crowd to remain civil to each other. “It is rare that in Florida that we have an issue that engenders so much passion,” said Snyder at the meeting to the crowd.

Published on: February 9, 2012

Immigrations and Customs Enforcement grants deferred deportation in certain cases

by Stephen Bilkis

A 31 year old man was brought to America at the age of ten, after his father had been shot. He has made his life here, formed a family and graduated from Harvard University. He has proven himself to be a valuable member of our society. Now he faces deportation back to the Philippines, but according to a New York Criminal Lawyer, he has been granted a delay of one year to get his citizenship instated and to allow him to remain in the country indefinitely as a U.S. citizen.

This does not happen often, but when it does, deferred action is usually the result of some kind of humanitarian effort made by the deportee, or some level of superior achievement that spurs the ICE toward a favorable action in that regard. The Immigration and Customs Enforcement was established because so many people come to this country and fail to go through the legal channels to become a citizen, but it also has a stake in those people, after all, they live here and many of them have lived here their entire lives.

It would be difficult to imagine being forced from the place you have called home for 21 years and required to move back to a country that is unfamiliar and even politically volatile, said the New York Criminal Lawyer, and it is refreshing to see that the laws that have been established here to keep illegal aliens from entering also serve to support those people who know no other way of life, having been brought here as children, through no fault or choice of their own.

Published on: February 9, 2012

Queens man extradited from California back to Long Island on Murder Charges

by Stephen Bilkis

A 27 year old man was extradited to Long Island from California to face murder charges on a 2009 fatal shooting that took place in a local nightclub. He is facing a charge of 2nd degree murder on the shooting of a victim Valley Stream. The victim was pronounced dead at a local hospital in Manhasset. A New York Criminal Lawyer has been called to defend the suspect. No date has been set for a trial but because of the serious charges, one will be set soon.

The laws that govern homicide in New York are governed by Section 125.00 of the New York Criminal Proceedure Law. There are many different factors that come into play when a charge of murder is involved. Courts will look at the intent of the party. What is planned, or an act of recklessness? Determining the defendant’s intent will be very important to assess their guilt or innocence, and what particular charge of murder they may receive.

If you or someone you know is facing criminal charges you may need the assistance experienced legal counsel. Depending on your charges, you could be facing prison time, community service, monetary fines and probation. Speak to Stephen Bilkis and Associates for advice and guidance.We will provide you with sound legal advice and a free consultation. We have offices located throughout the New York area for your convenience, including locations in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. On Long Island, we have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

Published on: February 8, 2012

Akhilesh Arrested at Airport

by Stephen Bilkis

A New York Criminal Lawyer has learned that Akhilesh was arrested at Amausi international airport on Thursday. The local police chief commented that the arrest was a preventative measure as Wednesday was the last day of the Samajwadi Party’s (SP) protest against the Bahujan Samaj Party (BSP) government.

When Akhilesh arrived at the airport, he was greeted by a multitude of police that immediately surrounded him and led him away, reports a New York Criminal Lawyer. He was being held at the Lucknow district jail after initially being taken to an undisclosed location.

Although he was whisked away rather abruptly before being allowed to speak with the media, as he was being escorted away he commented that, “This is dictatorship. We are not even being allowed a democratic protest.”

Published on: February 8, 2012

Stealing Vitamins Not A Good Idea Even For A Muscle Man Reports Suffolk County Criminal Lawyer

by Stephen Bilkis

At a muscle-energy supplement store, a female was doing her best to explain to the would-be thief about the various supplements. The attempted robbery occurred at the GNC store on 18th Avenue near 71st Street at 5:50 P.M. last June. A New York Criminal Lawyer are usually called in situations like this, as theft of property is definitely a reason to need someone like Steve Bilkis and Associates.

The eighteen-year-old suspect started out by asking questions about a product and then forced the manager into a back room and demanded the combination to the safe. The manager gave him the wrong number and at that point he obviously realized at that point that he didn’t have much time so he ran.

The manager was obviously thinking quickly on her feet, as she was able to direct the police to the supplement bottle that the suspect had been holding. At that point, the authorities were able to lift his prints from the bottle and make an identification of the suspect. Stephen Bilkis and Associats can be reached at 1-800-NY-NY-Law for a free, no-obligation initial consultation.