Criminal Procedure

Published on: February 5, 2012

Guantanamo Detainee’s Request Denied

by Stephen Bilkis

A New York Criminal Lawyer says that a federal judge in Manhattan rejected a Guantanamo detainee’s request to drop his guilty verdict. The detainee claims that he should be tried as a civilian in the court and that his first trial was not legal or just. The judge ruled he would not drop the earlier guilty verdict and that there was enough evidence to continue with his keeping his charge of conspiracy. The detainee will probably appeal this ruling as well.

Last year, the detainee was convicted on one act of conspiracy to destroy a government building. The New York Criminal Lawyer was informed that the man was convicted of conspiring to blow up the US embassy in East Africa. There were 224 people who were killed in that attack and many more were injured. The attack also killed one dozen Americans.

The detainee was held on the conspiracy charge, but he was exonerated on 280 different counts in the same incident. The attack on the US embassy took place in 1998 and he has been in US custody ever since. He faces life in prison when he sees the judge for the sentencing portion of his trial, which will happen in the next few weeks. The detainee’s lawyer tried to dismiss the guilty charge by saying the verdict was inconsistent with other verdicts in the US since then. The judge dismissed the lawyer’s arguments and held the detainee on the guilty charge.

Published on: February 4, 2012

Arizona State Senate Bill Cracks Down on Illegal Immigration,

by Stephen Bilkis

The Senate Appropriations Committee of the Arizona State Senate passed a new bill with tougher rules concerning illegal immigrants. SB 1611 allows law enforcement to arrest illegal immigrants for driving a vehicle, requires employers to run more thorough background checks on potential employees and prohibits illegal immigrants to take advantage of certain public services such as staying in homeless or domestic violence shelters, attending state colleges or even getting a library card. While the bill passed 7-6 in the committee, it will have opposition in the State Senate, reports a New York Criminal Lawyer.

Two republican senators on the committee voted down the bill expressing worry over some of the details included in the bill. One republican senator said that the bill was written too hastily. One democratic senator said the bill does not take into consideration the children of illegal immigrants brought to the U.S. who were unaware they were not supposed to be in the country. Many of these children now attend state colleges. Senate President Russell Pearce R-Mesa said that while he had met with some of these children and was impressed by them, at some point they had to have known they were in the country illegally and should take responsibility for that.

Pearce went on to say that SB 1611 is no more than an addition to a bill passed in 2004. That bill also denied illegal immigrants the use of public services, but was limited to certain services. SB 1611 would define additional services and give law enforcement additional rights such as imprisoning an illegal immigrant for a minimum 180 days if they used another person’s identity to secure a job, explains a Bronx Criminal Lawyer . SB 1611 would also prohibit illegal immigrants from securing public housing. Immigrants must also show proof of citizenship when enrolling children in public school.

Published on: February 4, 2012

Hit-and-Run Suspect Could Not Avoid Hitting Woman, New York Criminal Lawyer Reports

by Stephen Bilkis

A New York Criminal Lawyer has learned of the arraignment of an East Hills man in the hit-and-run death of an 81-year-old Roslyn Heights woman. According to his account, he saw the woman, but could not avoid hitting her. The driver, 26, is charged with felony, leaving the scene of an accident with a death, and with a traffic violation, leaving the scene of an incident without a report.

The prosecution said that the driver hit the 81-year-old woman with his Jeep Cherokee and just kept driving without alerting the authorities. She was thrown at least 75 feet by the impact and pronounced dead on the scene.

Nassau police sources said that the driver was found when he took his car to a Queens body shop and someone called the Nassau police department tip line. The driver says he was alone the night of the accident, according to a New York Criminal Lawyer.

Published on: February 4, 2012

A growing local church in Palm Beach Gardens faces economic woes

by Stephen Bilkis

A non-denominational community church was recently threatened with foreclosure following verification that it owed $11.3 million in principal, as well as substantial interest and moderate late charges, as reported by a New York Criminal Lawyer.

The non-profit community church in Palm Beach Gardens was cited for a possible foreclosure along with its fellow tenants, including a construction company and a real estate counseling firm. The principal amount owed by the church stemmed from a past loan from a local bank in 2006, and the case was heard in the Palm Beach County 15th Judicial Circuit. The non-profit community church originated in a former cinema complex in Palm Beach Gardens, and in 2008 upgraded to its current location, a retail/office/entertainment complex. A New York Criminal Lawyer notes the postulation of Palm Beach Gardens’ vice mayor that the church’s financial situation may be due, in part, to a struggling economy and the resulting decline in giving among members and guests. His insight is relevant due to his further involvement in commercial lending; the vice mayor serves as vice- president of commercial lending for another bank.

The community church houses a 50,000-square-foot cultural center oriented toward the local community, as well as a banquet hall that houses a commercial kitchen and features a capacity of 500 individuals. According to the aforementioned vice mayor of the city, it is likely that an agreement will be reached between the church and the bank- perhaps a payment plan- rather than pursuing a mortgage foreclosure. The vice mayor is quoted as saying, “Foreclosing on a church is not good public relations for a bank”.

Published on: February 4, 2012

Under the law: Celebrities cited for tax discrepancies respond in different ways

by Stephen Bilkis

Consider the following phrase: Tax season. What thoughts come to mind? If you find yourself cringing, you are not alone. Several notable celebrities have failed to maintain their obligations to Uncle Sam, as observed by a New York Criminal Lawyer.

Did you ever consider that Batman might have tax trouble? A popular star of “Batman Forever” fame was issued a $498,165 IRS lien last November for failing to fully pay taxes in 2008, according to the Associated Press. However, the star righted this wrong in a responsible way in 2009 by paying up, according to an entertainment website called TMZ.

What about the “A-list” “National Treasure” star who faced several successive IRS tax liens in the past few years, which at one point amounted to a tab of $13.3 million owed. The details included a disagreement between the star and a financial advisor/manager as well as a legal action on the part of both men, against one another. Again, a Brooklyn Criminal Lawyer notes that the actor smoothed over his troubles responsibly: according to People.com he is “under new business management and am happy to say that I am current for 2009.”

Published on: February 3, 2012

Libya is Full of Prison Horror Stories

by Stephen Bilkis

Countries with dictatorial regimes in control are often filled with a population that has been abused, horrified, and terrorized, to the point of submission. The Libyan regime is no different, and with the world’s focus now turned toward it, many stories that have been hidden for so long are now making their way into the international spotlight, a New York Criminal Lawyer reports.

While each story told comes from an individual, there is a very common theme to each of them…A government-administrated campaign against its own people. Regardless of whether either passive or active submission techniques are employed, every totalitarian, authoritarian, and dictatorial government or ruler throughout history has used many of the same population control methods as has Gaddafi since he assumed power in 1969 as part of a military coup.

Some of the more recent reports from Libya reflect stories of those who were kidnapped, tortured, stored away, or even never heard from again. While many of their stories may seem far-fetched to many in the world who hear them, the stories are real and unfortunately, they are true.

Published on: February 3, 2012

Ex-Cop faces Prison

by Stephen Bilkis

A former police officer was convicted of sex crimes and now faces many years in prison for his crimes. He abused his position of power and used that power to victimize two women. The now ex-cop offered jobs and child care programs to two women when he was not in authority to offer either to the women. He was convicted by a jury trial and one of the female jurors used the term “disgusting” when referring to the Defendant and his actions. He was also convicted of other charges at the trial including official misconduct and unlawful imprisonment.

Following his conviction, the ex-cop now faces up to seven years in prison for his illegal activities. He is due to be sentenced in July unless there is an extension of his sentencing date, according to a New York Criminal Lawyer.

His legal problems do not end with this sentencing. He was fired from the New York City Police Department last January for allegedly propositioning a teenager for sex. No further information is available at this time in regards to any further legal procedures involving this accusation. He also now faces a rape trial for charges related to two alleged assaults. He is accused again of abusing his position of power by luring two women to provide personal information to him while he was in uniform. He then took their personal contact information to get in touch with the two women at another time. Meeting up with the women he then allegedly attacked them sexually. The rape trial is pending.

Published on: February 3, 2012

Sirhan Sirhan May Have Been Brainwashed into Killing RFK

by Stephen Bilkis

A lawyer for convicted murderer Sirhan Sirhan claims his client was brainwashed the day he shot then presidential candidate Robert F. Kennedy in a hotel kitchen in 1968. After giving a speech at a Los Angeles hotel, Kennedy was escorted through the kitchen when he was fatally shot. Many witnesses identified Sirhan as the lone shooter. He even confessed to killing RFK during his trial. Today, 43 years after the shooting, Sirhan claims he does not remember shooting anyone, reports a New York Criminal Lawyer.

During his next parole hearing, Sirhan’s lawyer plans to offer an alternate theory of the crime. His lawyer will try to convince the parole board that there was a second shooter. The lawyer even claims to know who the second shooter is. This shooter fired the bullet that actually killed RFK. Kennedy was shot at close range behind the ear. Sirhan’s lawyer claims Sirhan was in front of RFK the entire time and in no position to shoot him at close range. There is evidence, however, that shows Sirhan fired randomly into the crowd emptying his gun. One of those shots could have ricocheted and hit Robert F. Kennedy behind the ear. Forensic evidence gathered after the murder suggests only one gun was used and that it was in the hands of Sirhan Sirhan and not anyone else.

Sirhan’s lawyer will also suggest that Sirhan was brainwashed into firing shots at Kennedy to distract the crowd while the real shooter killed Kennedy, explains a New York Criminal Lawyer. It is uncommon for a convicted criminal to offer new theories about his case during a parole hearing. In most cases, parole boards are only interested in hearing how the person has changed or whether they are truly remorseful for their crimes. It is unlikely that Sirhan Sirhan will admit any remorse since he claims he doesn’t remember shooting Kennedy.

Published on: February 3, 2012

Connecticut Legislature Considering New Medical Malpractice Bill

by Stephen Bilkis

Testifying before a Connecticut State Legislature committee, a widower was finally allowed to tell his story about how his wife’s psychiatrist had contributed to her suicide more than seven years before, a New York Criminal Lawyer learned. This 46-year old man claims that after taking antidepressants the psychiatrist prescribed, his wife had suicidal thoughts. He went on to say that, her psychiatrist literally ignored his calls as he tried to get her help. His 46-year old wife eventually backed her car into the couple’s garage and left the engine running. Her death was a suicide by carbon monoxide poisoning.

While his wife’s former psychiatrist and his license remain in good standing in the state of Connecticut, and his attorney flatly denies the allegations, the husband of the dead woman has been on a quest ever since his wife passed away. He has had legal representation part of the time, most of his lawsuit attempts at the doctor have been pro se, which means he has been representing himself.

He has spent many hours at courthouses and legal libraries in order to prepare himself as to what he needed to do on his mission, as well as what would be expected of him. As part of his journey through the legal maze that he faced alone, he has filed numerous motions and legal briefs, and has most of them dismissed even without the judge allowing any arguments. Undaunted, he had his day to speak about his loss and his quest to a group of lawmakers who are looking to change the way the system treats those who represent themselves in malpractice lawsuits. During his testimony he was allowed to exceed his three-minute time to speak allocation because of his compelling story that lawmakers and attorneys alike had either already heard of, or were intrigued by.

Published on: February 2, 2012

Man found guilty of DUI, weapon charges, awaits trial for arson

by Stephen Bilkis

A Kane County judge found an Elgin, Illinois man guilty of aggravated DWI and unlawful use of a deadly weapon. He was also found guilty of violating an order of protection. The judge dropped the most severe charge of armed violence and harassing a witness charge, a New York Criminal Lawyer was told.

The police were called to the residence of the 32-year-old man’s former girlfriend’s residence. They found the man asleep in a Jeep with a butcher knife outside the apartment complex at 2:45 a.m. April 7, 2010. The woman called the police because the man had knocked several times throughout a four-hour period. She never answered the door. Instead, she hid in fear until he went away.

At the trial, the police officers, who responded to the 911 call, testified that the man appeared intoxicated. He threatened his former girlfriend, one of the police officers said in court. At the time of the incident, he had been released on bond for an arson charge where he set fire to a house where one of his children, who was two-years-old, was inside. The child was not injured. The home belonged to his parents.