Criminal Procedure

Published on: February 7, 2012

Police Officers Shot at in Drug Case, states New York Criminal Lawyer

by Stephen Bilkis

Two police officers spotted a 26 year old suspect smoking marijuana at 6:15 PM at a street corner, a New York Criminal Lawyer said. The officers approached the suspect and attempted to place him under arrest when the suspect became unruly and decided to resist arrest. The officers were attempting to handcuff him at the time he opposed them. The suspect then somehow managed to gain access to the gun of one of the officers and tried to fire a bullet. A struggle then ensued with both suspect and officer attempting to gain possession of the weapon. The officer did manage to keep one hand on the barrel of the gun before the gun was fired.

The suspect discharged the gun once and although firing at point blank range, the bullet did not strike anyone or cause any damage. The suspect was attempting to fire a second time but was unable to do so because the shell casing was jammed inside the gun.

The officer was then able to regain full possession of his weapon after a major struggle and the suspect was handcuffed and placed under arrest without further incident. Charges against the suspect and further information is still pending at this time.

Published on: February 7, 2012

SEC Whistleblower Program Results Not Very Promising

by Stephen Bilkis

In July 2010, the Securities and Exchange Commission (SEC) launched a new program for government and corporate sector employees that allowed them to safely provide information about possible fraud and other illegal activities they have witnessed or heard about. This program is part of the financial reform bill passed last year. So far, the new program has received only 168 complaints and tips. This number represents complaints and tips through February 2011, reports a New York Criminal Lawyer. But this number much lower than expected considering other whistleblower groups such as the National Whistleblowers Center and the whistleblower program run by the Department of Justice which receive hundreds of tips and complaints each year.

The National Whistleblowers Center provides informants with legal representation while the Department of Justice offers financial compensation to those that come forward. The SEC also offers financial compensation to those who choose to provide investigators with tips and other information. Informants may earn up to 30% of all monies collected in penalties or lawsuits that total more than 1 million dollars.

Specific rules governing how government and corporate sector employees file a complaint with the SEC may explain why many are hesitant to do so. Many government agencies and companies require employees to first file a complaint or provide tips through internal whistleblower programs first before filing their complaint with the SEC, says a Brooklyn Criminal Lawyer. Employees may be hesitant to file complaints with the SEC if they have to go through several agencies to do so. Filing multiple complaints may jeopardize their careers or create unwanted tension in the workplace.

Published on: February 7, 2012

Bombing suspect faces foreclosure, says New York Criminal Lawyer

by Stephen Bilkis

The suspect in the failed Times Square bombing is in a state of foreclosure on his home and may be losing his home in the near future.

Faisal Shahzad stopped his mortgage payments on his Connecticut home in June of 2009. This coincided with a trip he took to Pakistan. Federal authorities believe that Shahzad took the Pakistan trip at that time to visit a terrorist training camp to help him prepare for his alleged terrorist activity here in the United States.Shahzad is a suspect in the failed Times Square bombing on May 1st. He is still in Federal custody on terrorist charges for attempting to set off a car bomb in Times Square. His attempt failed. He was arrested and is being held in Federal custody while awaiting trial on charges of terrorist crimes, says a New York Criminal Lawyer.

Now, a notice of judgment has been filed in Milford Superior Court ordering Shahzad to pay his mortgage company on his Connecticut home $213,000 or lose the home to foreclosure. He must pay the money to Chase Home Finance LLC by the end of July if he is going to stop the foreclosure procedures.

Published on: February 6, 2012

Drunk Driving Police Officer causes accident, says a Long Island Criminal Lawyer

by Stephen Bilkis

An intoxicated New York City police officer was killed after causing a deadly car crash that also injured four others, according to a New York Criminal Lawyer. He had attended a surprise party for a fellow officer before the incident, and the guests at the event had seen the cop drinking. Two of the injured stated that they were just not aware of how intoxicated the driver was.

The 35 year old officer was driving his vehicle when he left the party just after 6AM on May 16th, reported a New York Criminal Lawyer. Another New York City police officer was one of the victims, as he had been riding in the car. The other cop, only 25, had also consumed alcohol at the party and had a blood alcohol level of .21. Both officers had been riding in the front seat of the car.

The driver had offered to drive the four victims home, despite his blood alcohol level of .16, which is twice the state ís legal driving limit of 0.08. All four victims were women, two of whom currently remain in critical condition. Two sisters were also seriously injured as a result of the automobile accident. The sisterís mother was angry that the police officersí reckless actions had landed her daughters in the hospital and caused their critical injuries such as a shattered pelvis, a spinal cord injury, and fractured legs.

Published on: February 6, 2012

Dead squirrel lands man in jail, states a Brooklyn Criminal Lawyer

by Stephen Bilkis

An eighty-one year old man has been convicted of misdemeaner animal abuse and will be spending 30 Days in jail for the killing of a squirrel, says a New York Criminal Lawyer. Last February, the man was reported for abuse using a pellet gun to shoot the animal at his home. He has been arrested 12 times in the past for misdemeanor violations including criminal contempt, for violating orders of the court, but most of the arrests have been due to wildlife violations.

Upon his release from his 30 day jail sentence, the man will face 15 other charges all related to his use of a BB gun. The octagenarian, who lives in East Northport, has had many disputes in the past involving his neighbors.

He is an 81 year old Army Veteran who served in the army air corps for 3 years after World War II. Following his military career, he ran an aerial photography business. He spent many years flying out of the Fleshing Airport and the Bayport Aerodrome.

Published on: February 6, 2012

Roosevelt Cabbie along with two men that robbed him face criminal charges in Nassau County

by Stephen Bilkis

A 25 year old cab driver noticed two men were following him as he drove on Franklin Street in Hempstead. The cabbie stopped his cab and pursued the two men bearing a knife. The two men also left their car with bats. It has been reported that the two men took cash from the cab driver along with a cell phone after they beat him with the bats. The cabbie was able to stab one of the perpetrators. The cabbie was arrested and treated at Nassau University Medical Center in East Meadow. Police found the other two men who were later identified. One of the men was charged with robbery and possession of a dangerous weapon. He was also arrested and held at the hospital in a guarded location. According to a New York Criminal Lawyer, the cabbie was charged with assault and possession of a dangerous weapon.

If you are being charged with a crime you need skilled legal counsel by your side. Speak to Stephen Bilkis today for advice and a free consultation.

Published on: February 6, 2012

Deportation of Haiti convicts resumes despite earthquake

by Stephen Bilkis

Just weeks after a January earthquake killed more than 300,000 people, devastating the country of Haiti, officials there will soon be faced with yet another task; caring for and housing immigrants with criminal backgrounds who have been deported from the United States, claims an officer . According to a New York Criminal Lawyer, the decision to no longer suspend deportation of Haitian immigrants has some people up in arms, saying that there is no way the country of Haiti can provide adequate housing and care for those deported at this time due to the disastrous effects of the earthquake upon its population.

More than one hundred detainees in Florida had their deportations placed on hold for six months after the earthquake, because of the extreme damage, mass homelessness and disease that has spreading through Haiti since the devastating quake hit. Now, reports the story, the United States is no longer willing to allow these detainees to remain here in the states, and is rounding them up and preparing to send them back, despite unsanitary living conditions and a precarious future in the country of their birth.

Cleanup has been excruciatingly slow since the earthquake, explains the official. Homelessness is rampant, crime has escalated and disease is overtaking the population. Thousands of people are being wiped out by Cholera, including a massive prison outbreak that has left more than two dozen prisoners dead. Despite these questionable conditions, a spokesperson for the ICE has maintained that the US government is doing what they can to insure that the deported prisoners will be returning under safe and humane conditions.

Published on: February 5, 2012

Former murder suspect living as a woman, says New York Criminal Lawyer

by Stephen Bilkis

John Mark Karr, who became semi-famous in 2006 for associating himself with the death of JonBenet Ramsey, is living here in the United States as a woman, according to a New York Criminal Lawyer. Karr falsely confessed to the murder of Benet Ramsey in Boulder, Colorado but it was later proven that he did not perform the murder nor did he help commit the crime. JonBenet Ramsey was a 6 year old beauty queen found murdered in her home in Boulder, Colorado

in 2006. The crime has never been solved and Karr was ruled out as the perpetrator.

Karr was a Thai teacher previously and he is now living in Washington state as a woman. There is no evidence that Karr has had any surgical procedures to officially become a woman. Karr is using the alias Alexis Valoran Reich and recent photographs of him show a much more feminine appearance then in the past. The pictures suggest to New York Criminal Lawyers that he is attempting to portray himself as a woman and further evidence to this attempt is that he is

Published on: February 5, 2012

Immigration Attorney Could Spend Decades in Prison

by Stephen Bilkis

A 40 year-old immigration attorney faces charges for 28 counts of fraud, conspiracy activity, and 42 counts of alien harboring with the intent of personal financial gain, so reports a New York Criminal Lawyer. The accused attorney held a great understanding of the US visa program, and used his inside knowledge to manipulate the system by intentionally overlooking his clients eligibility for three consecutive years.

The accused also charged his clients unreasonably high fees, claiming that he would help them obtain faulty ‘green-cards’. This kind of behavior would lead many to believe that they would be receiving resident alien status, something that would dramatically change their lives. Not only has this man taken advantage of many clients financially, but also emotionally, by holding out unrealistic promises—based on lies.

A Brooklyn Criminal Lawyer explains, that the charged, after being presented before the court was released on a $50,000 secure bond, under the pretenses that he would be forced to surrender US & UK passports. The future doesn’t looks so bright for the accused, as with each count he will have to deal with a quarter of a million dollars in fines. In addition, with each count, he will also face a decade in prison, with exception of the conspiracy charge, that stipulates a maximum of five years in prison. Whatever personal gain, this man thought he had coming, it will pale in comparison to the years he will spend in prison, and the lives he ruined along the way.

Published on: February 5, 2012

E-Mail Protected by Fourth Amendment

by Stephen Bilkis

The role of emerging technology and how the government, in particular those branches of the government charged with public protection and order, deal with it is one of the great challenges of the twenty first century, said a New York Criminal Lawyer the other day.

In particular, the issue of how to treat Electronic Mail, or E-Mail, has been a thorny issue for the courts to deal with. On the one side are privacy advocates, who believe that the Fourth Amendment protections against warrant less searches of one’s person, house, papers, and effects should include E-Mail. They believe it is a logical extension that the founding fathers would have supported had E-Mail been in existence at the formation of the Republic.. On the other side of the issue are those arguing that individuals have no expectation of privacy to their E-Mails and that as a result they are not afforded protection form warrantless searches. The Sixth Circuit Court of Appeals heard the case just recently and has agreed with the former: E-Mail searches require a warrant prior to being conducted. The decision is considered a victory for privacy advocates.

The court believed that since E-Mail mimics the form and function of traditional mail that it would be illogical to not extend the protections. The case now sets a precedent to be followed by all courts within the Sixth Circuit. An appeal to the United States Supreme Court is expected and no doubt the nation’s highest court will eventually decide on this issue.