Articles Posted in Criminal Procedure

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It’s a sad day when the ice cream truck driver in your local neighborhood is arrested for driving under the influence. And, not just driving under the influence, but being nearly three times over the legal threshold, reported the New York Criminal Lawyer.

It’s a very lucky thing that the man was arrested, as he could have harmed others. As it was, the truck driver did almost hit a child and that is why the police were called. When they arrived on the scene, the trucker fell out of his ice cream vehicle and staggered over to the police. When asked what his address was, he gave them the date of his birth instead.

The man was arrested on the spot, indicated a Manhattan Criminal Lawyer, and was charged with DWI and spent some time in jail, sobering up. This case could have turned out a lot worse than it was, considering the man’s blood alcohol content was 0.227. In other words, he was more than just impaired; he was pretty much unable to function, talk, or walk coherently and had no business being behind the wheel of a vehicle. That being said, despite his arrest and time spent in jail, he is entitled to a well thought out defense.

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This is a disturbing case in which a man under the influence of alcohol started to drive his car after his girlfriend had been arrested. He was taking over and trying to drive as there was no one else around to drive him. Sadly, the man drove his car into a tree and killed the woman’s 5-year-old boy, reported the New York Criminal Lawyer.

The ultimate result in this case was that the man was found guilty of aggravated driving under the influence and will do three to fourteen years in prison. This crash was particularly horrific in that it happened at high-speed and the little boy had no chance.

The facts of the case appear to be that the man driving the car stated that the police ordered him to drive after his girlfriend was arrested. He claims he argued with them that she was his designated ride. However, that argument didn’t go over with the police, as the girlfriend was driving with a suspended license.

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A 16 year old girl and a 13 year old boy are shot and killed after talking back to their 50 year old new mom, as reported by a New York Criminal Lawyer. The mom didn’t deny the shooting and killing of these two children.

The mom was already confronted once by police a few months earlier when they went to her residence for an abuse call. The mom would slap her children in the face for talking back. The police couldn’t really do anything at that time for lack of evidence. A police spokeswoman said that this seemed like a normal incident of high tension between a frustrated mom and teenage children. The police didn’t think this woman would eventually shoot her children.

The daughter had been going to a school counselor because of her own lashing out at her mom. She regretted how bad she had talked to and treated her mother. The counselor did say that she was told the mom would sometimes slap the children in the face for talking back. This really frustrated the teen girl who was used to being grounded for discipline and not hit. The counselor told the teen that a mother should not be slapping anybody in the face.

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A man held for 14 days in 2003 for alleged ties to a terror suspect has filed a lawsuit against a former Attorney General. The man claims that he was stopped at Dulles International airport in Virginia and taken to various places throughout Virginia, Oklahoma and Idaho for questioning. During these sessions, the man was grilled on various subjects including his religious beliefs, ties to terrorism groups inside and outside the United States and his relationship with the terror suspect police officials had in custody, reports a New York Criminal Lawyer. The man was eventually released and never had to appear as a material witness. The other man’s trial resulted in an acquittal in 2004.

The man, a U.S. citizen, converted to Islam while attending the University of Idaho. It was there that he struck up a friendship with the other man accused of terrorism. On that day in 2003, the man was on his way to Saudi Arabia to learn more about his religion, study the language and learn more about the culture when he was detained at the airport. The man currently lives in Saudi Arabia and is being represented by the American Civil Liberties Union (ACLU).

This case will probably end up being heard in front of the Supreme Court. While most agree the court will side with the Attorney General, some believe the decision to do so will be a tough one. The man’s case rests on the fact that he was wrongfully detained as there was no evidence he was a part of any criminal activity or that he knew of any terror plots against the U.S., explains a New York Criminal Lawyer. The man also claims that law enforcement coerced him into answering questions because they told him he was to be a material witness during the other man’s trial.

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An elementary school principal has been arrested for obstructing officers. The incident occurred Monday evening as police responded to a burglary call and was in the process of arresting the boyfriend of the principal’s daughter. At some point during the time that police were on the scene, the principal became loud and belligerent which led to the accumulation of a crowd outside. It was at that point that police say they had no other choice than to arrest the principal as her commotions were arousing the gathering crowd of onlookers. The principal’s daughter has stated that her mom was only questioning the officers and had done nothing wrong.

The day following the incident, the principal was noticeably absent from school, as the local school board had placed her on suspension with pay pending an investigation, which they say is standard procedure. The local parents and students were left wondering what happened and why should the incident have led to her being suspended from her job when she was apparently doing a good job with the children. Some other parents, however, are asking some different questions, such as how can a school principal lecture their children on anger management when she cannot control her own temper.

A New York Criminal Lawyer has also learned that the principal has had some controversy in the past that was a function of her job. The resulting investigation of the on-campus spanking was inconclusive.

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A New York Criminal Lawyer has learned that one man who was getting a haircut has stabbed another man. While this in itself may not seem terribly out of the ordinary, the result is that one New Haven, CT, man is in the hospital and another is due in court on March 22 to answer to first-degree assault charges.

For the sake of this story, so as not to mention any names, we will refer to the man getting the haircut as man A, and the other as man B. The incident began when man A was sitting in a chair at an apartment while getting a haircut. About halfway through the haircut, man B walks into the apartment. Man A and man B had been arguing earlier and man A thought that man B had come to the apartment to harm him. Before it could truly be determined whether man B had the intentions of doing man A any harm, man A slashed man B in the back with a pair of scissors.

When police arrived at the apartment, man A was taken into custody without incident. As of this writing, the local police department has not returned calls left by a Long Island Criminal Lawyer . It has been learned however, that man A is also wanted by authorities for a second-degree failure to appear warrant that was issued for a previous arrest. No information on the victim (man B) can be learned at this time. Man A had cuts on his face and back and was being treated, but expected to recover.

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A man was convicted in Chicago of killing a young boy when he crashed his car into a tree. The boy was five-years old, reports a New York Criminal Lawyer. The incident occurred after the boy’s mother was arrested for driving with a suspended license. The police officer at the scene took the mother into custody, but allowed the man, who was under the influence, to drive the boy home. The man was sentenced to three to 14 years in prison.

The initial incident took place in the Chicago neighborhood. The boy was eventually killed not too far from where his mother was arrested.

Throughout the trial, the mother of the boy insisted that at the time of her arrest, she told the police officer at least three times that the man was drunk and that she was the designated driver. She claims that the officer ordered the man to drive the boy home and even threatened to arrest the man if he did not comply. The man’s blood-alcohol limit was twice the legal limit at the time of the accident. While driving, the man lost control of the car and slammed into a tree. The car then hit a fence and uprooted another tree, says a Manhattan Criminal Lawyer. The man claims he had no choice but to follow the police officers orders or face being arrested just like the mother.

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A mother was driving drunk in a school zone this last week in front of an elementary school. She was obviously under the influence after being seen crashing into a stop sign and then continuing to get in line at school in order to pick up her daughter from the elementary school according to a school crossing guard.

The Florida Highway Patrol responded to this accident as it was initially called in as a hit and run, explained a New York Criminal Lawyer. The school crossing guard actually recognized the woman and immediately called the school to notify them.

Of course all this happened at about 3:00 as students where being dismissed for the day from school. The Florida Highway Patrol found this lady waiting in line ready to pick up her daughter from the school as they responded to this call. At that time the police took her into custody and tested her blood alcohol level. She was well above the legal limit as she took the breath test. This mother tested at 2 ½ times the legal limit.

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A New York Criminal Lawyer has learned that a former county official that lost her job after being arrested on corruption charges has been collecting unemployment benefits. Her former boss had approved the unemployment benefits before he left office, even though she had been charged with more than one felony for her alleged part in bids for county projects. The charges allege that the former county official directed contract awards either to companies that she owns, or to companies that her friends own.

The current County Board President reported that the unemployment approval was in place before she took office. The county commissioners had originally directed the former Board President to fight the unemployment benefit claim, but the claim was processed and approved regardless.

There is much discussion in the county at this time, as to how the former county official can be eligible for unemployment benefits, given the fact that she had been fired, arrested, and charged with multiple felonies. Her former boss had filed for unemployment benefits himself after losing his reelection bid. His claim was denied since as an elected official he had not paid anything into the system, reported a Bronx Criminal Lawyer.

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A 19-year old female has been charged with aggravated cruelty to animals, which a felony that if convicted carries a maximum sentence of up to two years.

Before we continue, we must add that while some of the events contained in this article may seem bizarre, they are a factual representation of a true event that occurred within a large metropolitan city, and was first reported in one of its major newspapers. The names are being withheld due to privacy concerns of the parties.

It all began with the purchase of a hamster for the 19-year olds’ 9-year old brother. Her older brother, who is 25 and at the time was angered over something, had intentionally kicked the ball that the original hamster was in, which in turn threw the hamster from the ball. As a result of this action, the hamster died, the New York Criminal Lawyer was told.

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