Criminal Procedure

Published on: May 6, 2011

New Tennessee law requires two simple questions, poses no easy solutions

by Stephen Bilkis

 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.

Published on: May 5, 2011

New law threatens jail time for parents of truant children

by Stephen Bilkis

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.

Published on: May 2, 2011

Georgia takes steps toward a tougher immigration policy

by Stephen Bilkis

The state of Georgia is taking steps to pass an immigration law similar to that which exists currently in Arizona.

As of March 01, the southern state was in the process of passing a controversial bill that would increase measures to prevent the infiltration, residence and employment of non-U.S. citizens in the state. A N York Criminal Lawyer recognizes that if this measure goes through as planned, Georgia will become the second state to pass such an immigration bill, with Arizona’s current policy being the model.

It is noted that the American Civil Liberties (ACLU) has announced its plan to sue, in the event that the bill includes any freedom on the part of law enforcement to pose question individuals. According to the proponents of this controversial bill, their strong support is due to what they perceive to be a currently insufficient immigration policy. The vote on this proposal is anticipated for the second week of March. The proposal states that one of its main objectives is to tighten security measures by requiring law enforcement officers to request a person’s immigration status. Though it is claimed that reasonable cause must exist for such an inquiry to have validity, there is significant opposition to this proposed measure. It is not stated what parameters exist in reference to “reasonable cause” on the part of law officers, but the threat of lawsuit on the part of the ACLU may very well complicate things.

Published on: January 13, 2011

Brooklyn Man Shows Great Remorse at Slaying

by Stephen Bilkis

A Brooklyn man accused of the murder of his girlfriend during a domestic violence dispute sobbed apologies as police led him out of a police station in handcuffs.

“I’m sorry,” the suspect said, as he was led away from the 62nd Precinct stationhouse. “I loved [her]. I’m sorry to her family. I’m sorry for my children.”

His 34-year-old girlfriend was found dead in a bathtub in the suspect’s apartment. Prosecutors explained to a New York Criminal Lawyer that the woman had been beaten, strangled, and stabbed several times in the neck and body.

Published on: January 12, 2011

Woman Murdered by Boyfriend as Daughter Sleeps

by Stephen Bilkis

Police sources revealed information about a man who killed his girlfriend early one morning while their 7-year-old daughter was still asleep.

The 28-year-old suspect was charged with murder in the death of his 29-year-old girlfriend. They had been arguing starting when she returned to their apartment at 4:30 a.m. after a night out.

The victim’s body was found around 6 a.m. The little girl was unhurt. The police commissioner believes the woman was strangled, but will not know for certain until a full autopsy can be performed. As for the suspect, he fled the scene of the crime, but was arrested when he returned, a short time later.

Published on: January 11, 2011

DWI Cases Suspended in Seattle

by Stephen Bilkis

The police department in Seattle has launched a major internal investigation into the alleged mishandling of dozens of drunken-driving cases by members of the department’s DWI Squad, according the initial reports. This means some cases will have to be placed on hold while the investigation goes on, a Long Island Criminal Lawyer explained.

A local attorney made a statement that his criminal division will go over recent and past driving-under-the-influence (DWI) cases to figure out if they may be affected by the police investigation.

Sources familiar with the matter and later confirmed by the department states that there were arrest warrants that weren’t properly filed and investigated. Moreover, it is believed that illegal searches of vehicles focused on locating guns, drugs and other contraban, according to a New York Criminal Lawyer.

Published on: January 10, 2011

High School Students Participate in Mock DWI Crash

by Stephen Bilkis

A group of students at a TX, high school recently participated in a Shattered Dreams mock drunk driving crash, a New York Criminal Lawyer just learned. Students at the high school played certain roles including both living and dead victims, and as the drunk driver who went to jail.

Shattered Dreams is a program that introduces high school students to the grim realities of what happens when someone drinks and drives. Sources went on to say that the event, which lasts two days, stages a mock accident in front of the participating school’s entire student body. As part of this mock crash, members of the local police, fire, EMS, and coroner’s office all react as though the crash was real. This is not difficult for first responders to do, as thankfully, they train for these situations often.

During the course of the mock crash, students will see “victim” students treated and transported to the local hospital by ambulance and helicopter. They will also see the “deceased” students transported by a local funeral home, and the “drunk” driver will be arrested and transported to the local jail for further processing, including arraignment. As a reminder that local students are the participants in these crashes—this brings the reality of the situation a little closer to home, claimed the Manhattan Criminal Lawyer.

Published on: November 20, 2010

Con Juan Scammer faces jail, says a Bronx Criminal Lawyer

by Stephen Bilkis

A con man, who was seen as a notorious Con Juan, used an online dating

site to scam lonely women out of their life savings. He will now be paying

a high price for his loveless actions including a lengthy prison sentence. He facing a variety of charges includign Grand Larceny

Published on: June 29, 2010

Four men arrested for dental Medicaid Fraud, says New York Criminal Lawyer

by Stephen Bilkis

Four men were arrested after it was discovered that they billed for unnecessary dental work totaling $5.7 million over a period of 4 years in Brooklyn and Queens, reported a New York Criminal Lawyer. The four suspects are accused of luring the poor and homeless to different locations with offers of cash, McDonaldís gift certificates, and even CD players. The men allegedly would then bill Medicaid for the unnecessary dental work, mostly for dental cleanings.

A man, his son, and son-in-law are accused of drawing the homeless to the different locations, such as Brooklyn, Queens, and the Bronx. The dentist involved in the scam also allegedly paid recruiters in addition to performing the services as his part of the multi-million dollar scam. The recruiters were paid in cash between $10 and $30 based on the type of service received by those recruited. Most of the victims were found at nearby methadone clinics or from homeless shelters.

The head men would instruct the hired dentists to place two-thirds of the money received from Medicaid into dummy corporations that had been developed to conceal the money. The scam is thought to have spanned from January of 2006 until the arrest in April 2010.

Published on: February 10, 2010

Schumer might just close the loopholes in the sex offender law says a New York City Criminal Lawyer

by Stephen Bilkis

It has been noted that even though many convicted sex offenders are listed in registries they are still able to acquire jobs that place them in direct contact with children, often working as tutors, coaches and in other positions that place them close to children. Senator Charles Schumer might propose legislation to change that. The legislation would propose that it is illegal for registered sex offenders to work or volunteer in positions that put them in “direct and substantial” contact with children.

A New York Criminal Lawyer says business owners will have to screen the employees to make sure that they are not registered sex offenders. Businesses that are not in compliance would be fined and would face greater fines for repeat offenders. Many believe that a law such as this is already in existence but in actuality it is not. Businesses can check if an employee is registered by contacting the Division of Criminal Justice Services online or at 1-800-262-3257.

This law will be set out to prevent cases such as the one where school teacher who was on probation for a sex offense conviction privately tutored a 15 year old boy in. It was determined that he violated the terms of his probation and was once again arrested. Many sex offenders are not on parole or probation therefore they are not barred from acquiring such positions. The Schumer Legislation will prevent this from occurring.