Criminal Procedure

Published on: June 2, 2011

Former TV Reporter in Philadelphia Accused in Slapping Incident—Acquitted

by Stephen Bilkis

A former television news reporter became the news recently. The slapping incident allegedly occurred in a parking area at the United Nations (UN), when former WPIX reporter, Vince DeMentri was accused of slapping the chauffer of the Bahamian diplomat for blocking a press-only parking spot. He was charged soon after the alleged incident with misdemeanor assault and harassment charges. The charges have been vehemently denied by DeMentri from the beginning.

According to the New York Criminal Attorney’s sources, DeMentri’s best witness turned out to be the accuser himself. Court records indicate that the Bahamian diplomat’s chauffer made a statement under oath that apparently was not included in his original police report. In his testimony, he stated that DeMentri called him the n-word. Defense attorneys would then argue against the credibility of the accuser and that his motives were not for justice, rather that the charges were an attempt to collect the financial rewards of suing someone that he may have perceived to be rich and famous. The presiding judge later sided with DeMentri’s attorneys and dismissed the charges against him.

It should also be noted that an eyewitness on the scene stated that they did not see DeMentri slap the chauffer and that the vehicle’s window was barely open at that time.

Published on: May 29, 2011

Stories from All Over NYC

by Stephen Bilkis

New York Criminal Law Offices have seen or heard of a number of crimes in Brooklyn.

A Brooklyn man went into the basement of a building in Bedford-Stuyvesant and found the bodies of two men, one of them his son, law enforcement sources reported.

It is believed the pair had been killed in a drug-related execution.

Published on: May 28, 2011

Philadelphia Driver Sentenced to Prison for Death of Teenager

by Stephen Bilkis

A 20-year-old Philadelphia woman has been sentenced to one to five years of prison after striking and killing a high school student over a year ago.

The woman pleaded guilty in January to a felony charge of accidents involving death or personal injury in Montgomery County Common Pleas Court. Because it is a felony, the charge has a minimum mandatory sentence of a year in prison.

The convicted woman will serve her sentence in Montgomery County Prison and is eligible for the Work Release program. She has also pledged to pay $500 to the slain girl’s scholarship fund, though it is not legally binding.

Published on: May 26, 2011

Bank Robbery Suspect Arrested and Charged

by Stephen Bilkis

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.

Published on: May 25, 2011

Bronx and Brooklyn Shootings Leave 8 Wounded

by Stephen Bilkis

Four shooting incidents that occurred in two New York City boroughs, Brooklyn and the Bronx, have resulted in hospitalizing four men in Crown Heights and wounding four others, police revealed to New York Criminal Law Offices.

All four shootings occurred over a time span that was less than three hours.

The first incident happened at about 4:20 p.m. on Utica Avenue in Crown Heights, Brooklyn, police have discovered upon further investigation. Two of the victims, ages 34 and 32, were transported to Kings County Hospital, where they are said to be in stable condition. The other two victims of the first shooting managed to transport themselves to Brookdale University Hospital. They were also considered to be in stable condition.

Published on: May 21, 2011

Hogan Wedding Crashed

by Stephen Bilkis

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.

Published on: May 19, 2011

California Inmate Appeals Procedure Upheld by U.S. Supreme Court

by Stephen Bilkis

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.

Published on: May 17, 2011

In Georgia, Murder Part of Insurance Scam

by Stephen Bilkis

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.

Published on: May 12, 2011

Lee County has a parental kidnapping suspect

by Stephen Bilkis

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.

Published on: May 8, 2011

Mississippi To Take After Arizona Immigration Laws

by Stephen Bilkis

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.