Articles Posted in Criminal Procedure

A suspect was arrested after threatening to rob and bomb a bank. The suspect was apprehended and charged after making threats against a branch of a local bank. The man’s robbery attempt was successful in that he obtained cash from the bank. The attempt was unsuccessful in that the man was apprehended by the police and did not manage to get away with the funds he had illegally obtained.

Three employees of the local branch of a bank witnessed the man entering the building with a weapon. He also stated that he had a bomb with him and that he was willing to detonate the device if his demands were not met. The suspect also said that he would set off the explosive if the police arrived on the scene. The man was given the money he demanded and allowed to the leave the branch without the employees intervening, although they did report the event to the local authorities after the suspect left with the money.

Though there was no confirmation that the suspect actually had a bomb on him, the employees decided to err on the side of caution. The employees remained relatively calm as they met the suspect’s demands. No one was harmed during the incident.

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To millions of men between the ages of 25 and 40, he isn’t just any man. He’s a real man, an American hero, an idol, someone to look up to. He is the man, the myth, the legend himself. A former world champion, television star, movie star, best-selling author, and one of the most recognizable names in the United States of America. He is Hulk Hogan.

And his wedding was crashed.

Hogan was marrying his new squeeze, the new love of his life, the new woman he wanted to watch fading sunsets with when an uninvited photographer tried to break into the Hulkster’s beach front residence. A New York Criminal Defense Attorney notes the man wanted to score some valuable photographs that he could then sell to the tabloids. He was confronted by a security guard, roughed up, and then sent on his way.

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The U.S. Supreme Court recently ruled to allow the state of California to maintain its inmate appeals procedure. Under current California law, inmates must file habeas corpus petitions “without substantial delay.” No concrete amount of time has been set for filing these petitions for now and it doesn’t look like a deadline will be set in the future.

While most states have set deadlines for filing appeals petitions, California does not. It is not known why California does not have a set deadline. But according to the Supreme Court, California should not be forced to create one.

This decision comes after a California state inmate filed a lawsuit against the state because his appeals petition was denied. The inmate waited almost five years after being convicted and sentenced to file an appeal. The state of California denied the petition because of the five year delay. While the California 9th Circuit Court of Appeals sided with the inmate and agreed that California should set a deadline for filing a petition, the Supreme Court ruled otherwise stating that the current rules governing the timely filing of appeals is appropriate, reports a NY Criminal Lawyer. The Supreme Court went on to say that the loose guidelines pertaining to the filing of appeals allows the state to avoid unintended consequences of adhering to stricter guidelines.

The friendship between two young men ended in murder and the parents of the victim were always sure their son’s friend was up to no good.

According to the victim’s mother, the alleged murderer only showed up when he wanted something from them. “He was a leech,” she said.

It was this supposed friend that led the victim to drinking, the mother said, and this was not helpful to a 22-year-old man trying to find his way in the world.

A woman has been on the run for two years in the Fort Myers area. She had disputed the custody of her child and ran away with her. Her little girl is only four years old and taking her daughter violated a court order.

The police have now caught her and she is in a Lee County jail. This 26 year old woman was arrested last October after being found in Colorado.

Ten months of tracking her was done by the U.S. Marshals Florida Regional Fugitive Task Force. The investigators concluded that one of the places she ran off to was Ohio. She quickly left that area to avoid court hearings there.

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A bill that is coming up before the Mississippi Legislature could make it every law officer’s responsibility to check immigration status, reports a NYC Criminal Lawyer.

Senators passed a bill (34 to 15) that would grant police officers the power the check immigration status of anyone they pull over, or stop at a traffic stop. The Police Chief stated that they already do so if they have a reasonable suspicion and that they work with ICE when that happens. ICE, Immigration and Customs Enforcement, is the federal agency usually in charge of immigration matters.

Mississippi Senators want to pass the law so that they can prevent an immigration problem. They believe that more eyes and ears looking out for illegal immigrants can help to eliminate the problem.

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Just because you are in the country illegally doesn’t mean you should have to pay out of state tuition for college, according to one state Senator in Maryland. A New York Criminal Lawyer revealed that the Senator is planning on introducing a new bill that would offer individuals who have attended high school in the state the chance to pay in-state tuition rather than the substantially higher cost of out-of- state tuition. 

The thinking is that once the state has invested money into their public education, then it just makes sense to make sure that they have the means to continue to get a good education so that when they finally do become legal to live in the country, they will be a viable asset to the work force, if they are not already. 

Advocates of this proposal claim that though they may be living in the country illegally, they are still worthwhile citizens and should not be denied an education and a chance to move ahead. Those who oppose such reasoning say that if they have gone through an entire education from grade school to high school illegally and on the taxpayers dime, then why not just give them citizenship outright? After all, they have been here long enough.

Children born to illegal immigrants face legal struggles of citizenship even though they were born here. The expense of becoming a legal citizen is too high for most lower class families to afford, explained the New York Criminal Lawyer. More than an education, these people just want to belong here. Once they are citizens, they would get the same tuition rates and have the same access to scholarships and financial aid as everyone else. 

Legal issues are a challenge no matter where one is in their life.

The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in N York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.

Nothing can be more confusing than our judicial system, especially if you are trying to figure it out on your own. Call a New York Criminal Attorney if you have questions or concerns about your case. A New York Criminal Attorney knows the right answers and the fastest ways to get to them. Call today.


There is a new law on the books in Tennessee, according to a N York City Criminal Lawyer. This law requires all jailers to ask each and every detainee two questions. a) Where were you born?
b) Are you in the country legally? Two simple questions that seem innocent enough, but which, in effect, could cause a serious back up in the immigration system if the answers they receive are not straightforward. 

The New York Criminal Lawyer stated the reason for the backup would be that any detainee that they do not get a straight answer from, or one who answers that they are in fact, illegally residing here, an investigation has to be performed. Until the Bureau of Immigration and Customs Enforcement gets a hold of these detainees, they are going to have to be housed somewhere. 

Who will pay for such housing during this backlog of a system that is already flooded with detainees? It seems like it will be the taxpayers who foot the bill. Basically, the immigration system is already filled to capacity. Even if authorities decide to detain the individual for deportation, the time will vary on when that occurs. If they opt for the normal avenues, that could take time, as well. 

The NY Criminal Lawyer stated that whether they are detained as an illegal immigrant or a prisoner, they will basically be relying on taxpayers dollars to feed and house them, so really, the law does not change all that much. In the United States, our prison system is already profusely overcrowded. It seems like it might be a better idea to keep people from doing things that would get them prison time in the first place than to just sort them out once they get there. 



The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.

If you are in need of legal representation or you are unsure of your rights, then contact a New York Criminal Attorney today. Look no further than a competent, professional N York Criminal Attorney when it comes to securing your rights as a citizen of the United States.

A new law in California could subject the parents of children who don’t make it to school each day to hefty fines and in extreme cases, jail time. Advocates of this new law claim that the extreme penalties are a good deterrent, keeping parents in line with the compulsory education attendance policies and insuring that their children get the full benefit of their education. 

However, according to the NYC Criminal Lawyer, those who oppose this new law claim that it is just another way to strong arm parents into submission and to take away their freedom to raise their children the way they see fit. While there are extreme cases involving lack of responsibility or concern for the whereabouts of their children, in many cases the truancy fines and penalties are being imposed upon parents who are doing the best they can to make sure their children are at school. 

These parents are good, hardworking people who are living life to the best of their ability and sometimes that involves their children not being in school. Not everyone places the same dogmatic importance on public school as the powers that be would like for us to, opponents of the bill claim. Education should be thought of as a way to enrich a child’s life and not control it. A parent who wishes to keep their child home from school for a day trip to an orchard or a museum could find themselves in hot water if they make a habit of it.

 New York Criminal Lawyers know the same laws that are meant to protect children who have negligent parents can and will affect those parents who have a different ideology when it comes to what life and education are really about. In the case of this new California law, parents could end up facing a year in jail and a $2000 fine. 

Though laws are put into place for the good of all, they can sometimes fall short by hurting the people they are trying to protect.

The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.

If you find yourself in such a situation, contact a New York Criminal Attorney and find out your rights and what you can do about it. A New York Criminal Attorney will guide you and help you come out on top.