Staten Island

Published on: August 16, 2012

Court Looks at Elements of Sexual Abuse

by Stephen Bilkis

The People of the State of New York are the plaintiffs in a case against the defendant Stan Miller. This case is being heard in front of the Criminal Court of the City of New York in Kings County. A New York Criminal Lawyer said the defendant in the case has been charged with attempted sexual abuse in the second degree, attempted sexual assault in the third degree, unlawful imprisonment in the second degree, harassment in the second degree, and endangering the welfare of a child. The defendant has moved to have the charges against him dismissed.

Case Facts

The complaint in this case comes from a thirteen year old girl. The defendant is a teacher at the child’s school. On the day that the incident occurred the defendant walked the child to his home. The child wanted to leave the defendant’s home and the defendant proceeded to block the doorway and would not let her leave. The child states that the defendant asked her for a kiss and she said no. She says that he moved his face into close proximity of hers and tried to kiss her. These actions caused the child to become alarmed and annoyed.

Published on: August 10, 2012

Court Looks at White Collar Crime

by Stephen Bilkis

Mortgage Electronic Registration Systems Inc. or “MERS” as the nominee for the America’s Wholesale Lender and its successors are the plaintiffs in this case. The defendants in the matter are Carole Folkes, the New York City Environmental Control Board, Baront Associates, LLC, the Judication Bureau, the New York City Transit, and John Doe (name is being withheld). The case is being heard in the Supreme Court of the State of New York. Judge Schlesinger is hearing the case.

Case Background

The action for this case started in 2005 and should have been a straightforward matter involving a foreclosure. However, there have been several issues that have come up in regard to the issue. The action has required an intervenor, Baron Associates, LLC. A New York Criminal Lawyer said Baron filed a cross claim against the defendant Carole Folkes and another counter claim against the plaintiff Mortgage Electronic Registration Systems, Inc. The index number for the case is 2005, but a note of issue was not filed in the matter until December of 2009.

Published on: August 8, 2012

Defendant Contends Identification Procedures by Police Incorrect

by Stephen Bilkis

Stalking is a crime that affects everyone who is around the intended victim of the crime. Stalking is a crime that causes a pervasive level of fear that is intolerable for most people. However, a New York Criminal Lawyer said people who have never seen this crime often have a difficult time understanding that the stalker is so focused on their victim that they often do not consider the penalty involved in their actions. The drive to possess that other person is so strong that they will often do anything within their power to have that person and to prevent anyone else from having that person.

In 2008, a woman was being stalked by her ex-boyfriend in New York. She had moved on with her life and was seeing a co-worker romantically. One day while they were at work, her ex-boyfriend showed up. A Staten Island Criminal Lawyer said he began insisting that the woman talk to him. The new boyfriend approached the pair and assessed the situation. He realized that the situation was about to get violent and had the man removed from the business. He thought that the incident was over, but the following day while they were driving to work, the ex-boyfriend drove up beside them on the roadway and brandished a knife in their direction. They refused to pull over and began driving toward the local police station. On their way to the police station, the stalker rammed their mini-van with his car.

Coincidentally, a patrol car was positioned at the street corner just up from the location of the assault with the motor vehicle. The officers heard the impact that they recognized in their experience to be the result of a motor vehicle accident. They immediately turned their patrol car onto the roadway in the direction of the impact sound. When they were on the road, they observed the mini-van and the couple inside the mini-van. The couple motioned to the officers that the car that was behind them needed to be stopped. The officers observed the stalker driving at a high rate of speed in reverse. He changed his direction and began to take evasive action. A New York Sex Crimes Lawyer said the officers turned on their emergency lights and siren to indicate to the driver of the vehicle that he needed to pull over.

Published on: July 31, 2012

Court Decides if Defendant is Eligible for Resentencing

by Stephen Bilkis

The Facts:

On 16 October 1994, defendant was arrested for selling $20 of cocaine to an undercover police officer. On 27 January 1997, he was convicted of Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree (drug possession). He was sentenced as a Second Felony Offender to concurrent indeterminate prison sentences of 5 1/2 to 11 years. He was convicted in that case of. On 19 May 1999, defendant was released on parole.

Approximately 6 months later, he was arrested for another drug sale charge. On 4 August 2000, he pled guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, a class C felony. A New York Criminal Lawyer said he then apparently failed to appear in court for sentencing and a bench warrant for his appearance was issued on 28 February 2001. He was returned on that warrant a little more than two years later on 2 May 2003. He was sentenced upon that conviction on 12 June 2003 to an indeterminate sentence of imprisonment with a term of 3 1/2 to 7 years.

Published on: May 15, 2012

Defendant Charged with Possession of Stolen Property

by Stephen Bilkis

A nine-year veteran police officer was on patrol one evening when he responded to a radio communication of a man with a gun wearing a brown jacket on the corner of 121st Street and Seventh Avenue. When he arrived at the location, he exited his vehicle and spoke, first with a woman, and then with a man sitting in front of 2027 Seventh Avenue.

About 15 minutes after his arrival while he was still looking for the man described in the radio report, the officer observed defendant exit the door on the left side of the vestibule at 2027 Seventh Avenue, which was the entrance to a social club. A New York Criminal Lawyer said at the time, the officer was approximately five feet in front of defendant at whom he was looking directly. Defendant was then holding a packet of three by six inch white envelopes in one hand and a black plastic bag in the other. When he looked up and saw the officer, defendant was startled, jumped back, and immediately placed the stack of white envelopes in a plastic bag.

Thereafter, the officer approached defendant and asked him what he had put in the bag. Defendant replied, “I put nothing in the bag.” Nonetheless, it was apparent to the officer, with hundreds of narcotics arrests experiences where approximately a dozen of which were made in the immediate vicinity of the social club known for its drug activities, something was in the bag since the bottom was pressed downward. The officer told defendant that he had seen him put a stack of envelopes in the bag, but defendant insisted, “I didn’t put anything in the bag.”

Published on: April 8, 2012

When Should the Law Intervene In Domestic Violence Cases?

by Stephen Bilkis

Few people realize that they can be charged with child abuse or child neglect if they have a fight with someone in front of the child. A New York Criminal Lawyer said that most states currently have statutes that allow parents to be charged with child abuse or neglect if they are involved in a domestic dispute in the presence of the children. This is true, even if the child is not involved in the assault. If one spouse assaults the other, and one or more of their children are in the room with them, the primary aggressor in the assault can be charged with child abuse or neglect. There does not have to be any physical contact between the parent and the child. There does not even have to be any verbal assault of the child to qualify under the law.

Because of this change in the law in recent years, many parents have been charged with child abuse or neglect. In some cases, it is just not appropriate. Every family has disputes at one time or another. The ability of law enforcement to charge a parent with abuse or neglect for arguing with their spouse in the presence of the children is inappropriate. A Brooklyn Criminal Lawyer said many psychologists suggest that allowing children to see their parents disagree and then work out the issue together is important to teach children how to handle conflict in their own relationships as they mature. The obvious issue here is that if the parents become violent with each other, they start the cycle of domestic violence that may continue with their own children.

So when is it appropriate for the state to intervene? This line is blurry. Some people believe that state intervention is important at the verbal abuse stage and others believe that there should be physical contact between the spouses before the state makes any charges. Nevertheless, most states have criminal statutes that address verbal assaults. A Staten Island Criminal Lawyer said this type of assault usually involves placing another person in fear of an imminent physical assault. That is the difference. If the spouses are merely arguing to work out a problem, they may be angry at each other; but neither party is in fear that the other will actually harm them.

Published on: February 23, 2012

Court Decides Several Sex Crimes Cases with Common Denominators

by Stephen Bilkis

Every New York sex crimes lawyer has been able to handle a wide variety of cases that deal with sexual abuse of minors and other similar scenarios. With the modern world of today becoming filled with so much of the online community, it is also common to find cases where minors are sexually abused through online chatting. This is the exact case that happened to a professional attorney who was arrested for sex chatting with a 13-year-old and even meeting up with her in person to have actual physical sexual encounter.

There were two witnesses who emerged. The first witness testified that he knew the accused attorney to be a very dignified professional. In fact, Steven J. Lever, the attorney accused, is waiting for a job offer from the firm of the first witness. The second witness is a close family friend and testified too that Lever is a very honest person aside from being smart. The first hearing led for the suspension of the attorney for six months since the court was not convinced that he really had sexual contact with the minor involved.

But as per the view of an expert New York Criminal Lawyer, the sentence for the accused should be greater than that. Anything that abuses the rights of minors should definitely pay for all the consequences that come with such actions. Another credible lawyer believes that the abuse of Internet to take advantage of minors for sex, or endangering the welfare of a child, a grave misconduct, especially for another professional who should be smarter than the average person in the society. It is just right to not let any attorneys like Lever to still practice law with such an immoral background.

Published on: January 25, 2012

Brinks Truck Robbery Suspect Arrested

by Stephen Bilkis

Biloxi, MS, police have arrested an armed robbery suspect that is suspected of holding up a Brinks security guard on Wednesday, a New York Criminal Lawyer has learned. The suspect had confronted a Brinks’ guard who had just completed making a pickup at a local store, and at gunpoint demanded the guard to lie on the floor. The suspect took the Brinks bag and ran away.

Witnesses at the scene described the suspect’s vehicle to police and the suspect was soon spotted by a patrol officer who attempted to stop the vehicle. Following a brief pursuit along a local highway and city streets, the chase soon led into a local neighborhood, police discovered the suspect’s disabled vehicle abandoned with a flat tire. Officers and K-9’s took to the pursuit by foot through the neighborhood yards and the local wooded area. The suspect was taken into custody shortly thereafter without further incident.

As reported by the Stated Island Criminal Lawyer, this incident could have ended badly. When the suspect entered the local neighborhood, there were families and children who were watching as the events unfolded and many were reportedly frightened as they observed the suspect running through yards, and jumping over shrubbery and through fences. The officers on the scene did an excellent job in not only capturing an armed robbery suspect, but also in community relations as when the officers entered the neighborhood, they informed many of its residents to lock their doors and to stay away from the windows for safety’s sake. The residents have stated that they are very appreciative of not only the officers capturing the suspect, but to their rapid response to the scene.

Published on: January 23, 2012

College Student Arrested for 22 Fake ID’s

by Stephen Bilkis

A 20-year old college student has been arrested in Boulder, CO, for allegedly picking up a box that contained fake identifications, sources have told a New York Criminal Lawyer. The University of Colorado sophomore had allegedly gone to the local grocery store to pick up a box that had been delivered to the store bearing a friend’s name.

Although the young man initially told police that he simply got “caught in the middle” of his friend’s scheme to distribute fake ID’s, police soon discovered there was more to the story that what they were just told by the suspect. During a routine check for weapons, officers discovered the suspect’s wallet. Within the wallet was a fake id. This was all the arresting officers required in order to charge the youth with “suspicion of forgery, criminal possession of a forged instrument and unlawful acts,” police told the NY Criminal Lawyer.

Authorities were tipped off as to the contents of the package when the package was delivered to the a grocery store by UPS, and an employee opened the package by mistake. She discovered a total of 22 fake ID’s that were grouped in pairs for 11 people. Sources went on to inform a Staten Island Criminal Lawyer that although each of the ID’s did match a real person as well as their address, each of the ID’s listed the person as being at least 21 years of age.

Published on: January 10, 2012

The Indiana Senate Passes Immigration Bill

by Stephen Bilkis

The state of Indiana passed an immigration bill (the vote was 31-18) that may encourage racial profiling. Racial profiling occurs when law enforcement officials assume a person may be guilty of committing a crime based on their ethnic background, explains a senator. State officials who support the bill maintain that racial profiling will not occur if this bill becomes state law.

While many in the State Senate support the bill, there are many small and large businesses such as Eli Lilly and Co. and Cummins, Inc. that do not support the bill. Many businesses in Indiana fear a decline in business conferences, trade shows and other commerce events due to the fear that participants in these events may be subject to racial profiling. Some out-of-state businesses have already canceled plans to hold company events in Indiana because of the potential for racial profiling and harassment. This has nothing to do with drug possession.

The piece of legislation, called the “Immigration Matters” bill, would require, among other things, all legal documents and hearings be presented in English only. The bill also states that local law enforcement would have added responsibility to enforce the federal immigration laws, which could lead to additional work by departments and personnel.