Sex Crimes

Published on: February 20, 2012

Court Rules on SORA Registration

by Stephen Bilkis

According to a New York Sex Crime Lawyer, it was about a decade ago already when the SORA or the Sex Offender Registration Act was enabled. It is a requirement for sex offenders to register within ten days of their discharge from parole or incarceration according to the Correction Law. This law was made so as to control the likelihood of the offender repeating their crimes and furthermore protecting the society from such criminals. The SORA consists of three levels of risk with one the lowest and three as the highest. It comes with risk assessment guidelines that the experts assigned follow. To know more about it and its purpose, a New York sex crime lawyer discusses the case of a certain Shawn Kennedy.

Kennedy was charged in 2000 and was considered to be a level two offender. He went under the provision of the Uniform Code of Military Justice since he was a part of the Navy. His indecent assault crime was deemed to be a discredit to the entire armed forces and the Navy itself sentenced him to a discharge through bad conduct and with less pay. A New York Criminal Lawyer said that he was not put to prison not pay any fine.

The court has the right to reason out that indecent assault is still a federal crime. This then would require Kennedy to register in SORA. Besides, once an officer is discharged from service, then there is no necessity for them to even still inform the Navy of whatever program they may have to go through. It is very great news that all 50 states in the country have this kind of registration system for sex offenders.

Published on: February 19, 2012

Court Decides Issue of Probable Cause for DWI Stop

by Stephen Bilkis

The defendant was charged with DWI including various traffic violations. A suppression hearing was scheduled to determine if the statements admitted for evidence were allegedly given by the defendant. The hearing will also determine if the breath test results of the defendant will be placed under suppression.

The only witness in the hearing was the police officer who arrested the defendant for driving while intoxicated. The court was tasked to make a decision regarding the motion to suppress by reviewing the facts and the precedents of the case.

According to a New York Crirminal Lawyer, the police officer who arrested the defendant is an experienced female officer who already had several DWI arrests under her belt. On the day of the arrest, the female officer was on her usual patrol when she pulled over the defendant’s car. When the officer approached the car, she asked to see the license and registration. While the defendant produced the needed documents, the officer asked the defendant if he knew why she asked him to pull over. The defendant remarked that he was driving like an asshole.

Published on: February 19, 2012

Court Decides Whether Defendant Will Attend Sex Offender Program

by Stephen Bilkis

Sex crime violators are very rampant these days according to a New York Criminal Lawyer who once gathered surveys and studies about it. The factors that led to this are way too many to mention but what is important is that there are solutions and programs provided to help even the offenders to pay for what they have done or be treated if it was found out to be some kind of mental sickness. This is the same as the case here of Gonzalo Gonzales. He was fighting for his ability to complete the specific sex offender program set for him.

Based on the facts presented, it was last April 24, 2006 when the counselors from the correction program asked him to sign a form stating that he refused to take the said treatment which means failure of acknowledging his responsibility for the crime he was accused of. According to Gonzalez, he did not sign it for he never denied that responsibility for what he has done. He was very certain of himself that he did comply with the program.

The counselor Groge Pundy is responsible for screening and interviewing the sex offender program candidates. According to him who was further interviewed by Queens Criminal Lawyer, Gonzales did not take the program while still being in New York and under the custody of the state’s correctional services. One of the main requirements for the program is that the offender must be responsible to pay what’s due for the crimes he has done. If in the screening process alone, the responsibility is denied, then this just means refusal to enter the program as well.

Published on: February 19, 2012

Defendant Contends Actions Under SORA are Unconstitutional

by Stephen Bilkis

In a lot of sex crimes these days, an expert New York Criminal Lawyer says that there are many accused who suffer from a certain kind of mental abnormalities. Such case lets the court decide that such accused undergo certain treatment like the SORA. But in this case, the alleged named as Elias McFarland. However, in this case he keeps on appealing that such program is unconstitutional and that he would fight for his right.

The court did not agree that the decision for the SORA is unconstitutional. It even scored him as a sex offender who is of high risk and falls as level 3 offender. But the defendant still continue to disagree and never stopped submitting written submissions to serve as additional support to what he is trying to prove. He contends here is no valid reason at all to have his level 3 designation to be lowered for he was certainly considered as a high risk offender which means he is of great harm to the society.

At one point, a New York Criminal Lawyer said it was questioned why the Attorney General’s office did not show up during the hearing. But as analyzed by a New York sex abuse lawyer who is well experienced, such decline to appear just meant that they are confident already of the way they assess the risk levels of such offenders. It just means that there is no need for them to even show up for all the proposition is already well settled. All the facts were all outlined well and complete sets of evidence were are presented without any chance of being argued by others.

Published on: February 19, 2012

Defendant Contends His Level Three Sex Offender Status

by Stephen Bilkis

Many New York sex crime lawyers truly emphasize the effort of every state in the country to help not just the victims of sex crimes to recover but also those who are offenders. They also go through certain programs where they can be treated of their possibly mental sickness and help them become better individuals still in the future. Such process and programs is also the means of the court to protect the rest of the people in the societies especially if the offender is of the high-risk type already. So was the case of a certain Frederic C. Carpenter Jr. who appeals to not fall under the category of a risk level three sex offender.

A New York Sex Crime Lawyer said it was in September of 2000 when he was convicted of separate accounts which happened in 1998 and also 1999. Both cases involved different victim with one being an 11-year-old relative. The second incident was with his wife who complained of sexual abuse. Carpenter was sentenced to spend 2 to 4 years in prison and also five years of what the court terms as postrelease supervision.

To further help the supervision of the offender even after his time in prison, it was the Board of Examiners of Sex Offenders who made an analysis and assessment that he falls to be a risk level three sex offender which cannot be lowered anymore, as assessed too by a New York Criminal Lawyer. His failure to accept responsibility also added to his risk level instead of helping him decrease it. The offenses made were properly analyzed since Carpenter was found guilty within two days.

Published on: February 18, 2012

Court Rules in Sex Crime Case Where Victim was a Minor

by Stephen Bilkis

Frank Grady was indicted for two counts of third degree sodomy upon a victim identified as J.P; three counts of third degree sodomy upon a victim identified as C.V.; and one count of second degree sexual abuse against a victim identified as L.G. The third degree sodomy counts were classified as E felonies and the sexual abuse count as a Class A misdemeanor. The counts were all categorized as statutory in nature due to the ages of the victims, who were 16, 14 and 13, respectively.

Mr. Grady’s criminal defense attorney filed a motion with the Albany County Court to dismiss the indictment because of insufficient evidence. According to Section 130.16 of the New York Penal code, a person cannot be convicted of consensual sodomy, attempted consensual sodomy or similar sex crimes that includes lack of consent as an element if the failure to consent stems solely from the victim’s age. In cases of sexual abuse, molestation or other sex crimes involving an underage victim, the child’s testimony must be supported by additional evidence to prove that sexual contact occurred or was attempted. Essentially, the defense argued that the victim’s testimony should not be considered sufficient on its face value to render an indictment since they were all underage when the alleged sex crimes occurred.

A New York Criminal Lawyer said that the court held that the defense’s arguments were illogical and noted that in common law, testimony offered by victims in sex offense cases was not required to be corroborated. The requirement for corroboration of victim testimony was fairly new at the time of Mr. Grady’s trial and applied to cases involving forcible or statutory sodomy.

Published on: February 18, 2012

Sex Offenders Display Early Signs of Mental Illness

by Stephen Bilkis

When you ask an expert New York Criminal Lawyer these days, it is common to hear that most sex offenders suffer from severe mental abnormality or disease. To help you further understand this, we take a good example of this case of John Suggs. He is a known detained sex offender who suffers gravely from being mentally abnormal. During his trial, two expert psychologists presented in court to prove and offer their opining that John truly suffers from mental abnormality. The doctors are named as Dr. Krishner and Dr. Peterson.

One of the doctors rendered a summary report that described his childhood, teenager and adult history when it comes to history of trauma and abuse. It was outlined comprehensively as they recount all the helpful things that may have happened in the past of the accused. As a child, it was discovered that he was not taken good care of by his parents. At the young age of three, he was already wandering the streets and since then has become such a great rebel in school and even in the immediate community he was in.

According to another New York Criminal Lawyer, he also once set fire to a dormitory and even was convicted of the death of his own mother at one point. He even attempted to commit suicide at the young age of 11 by thinking of drinking mercury straight from a thermometer. It was at the age of 1 when he committed his first rape case. He kidnapped a female college student by pointing a knife straight at her and raped and stole some money from her in a room. The lawyer who once studied this case believes that this is such a case of extreme mental abnormality.

Published on: February 18, 2012

Court Orders Mental Health Treatmet For Sex Offender

by Stephen Bilkis

Every New York Sex Crime Lawyer these days finds a way to lessen the number of sex crimes that have been happening in our society. And one of the many effective strategies that can be done include informing citizens of how such proceedings go just like in the discussions of cases like this. This involves the case of a sex crime offender hidden behind the name of Robert V. It was in July of 2010 that the Attorney General of the State of New York ordered that he be detained and he should be supervised in a Mental Health facility for his treatment.

He was expected to continue being supervised by the office of Mental Health of New York after he has completed his sentence. It was in February of the following year that Robert filed his complaint saying that he was not convicted of a sex crime for it was never proven. And hence his robbery is not at all sexually motivated when he has done it in the past. He thinks that the need to get into a mental health facility is totally unconstitutional for it deprives him of his rights.

According to a New York Sex Crimes Lawyer, even if one crime committed seem to not be sexual, it can still fall under that if it belongs to a list of crimes included under the SORA or SOMTA law in New York. In this case of Robert, there were clear an solid evidences presented in court and that it was proven that he is a frequent sex offender. Such repetitions in sex crimes are great proof that there is something not normal with the behavior or mental status of the accused.

Published on: February 18, 2012

Court Rules on Cocaine Possession Case

by Stephen Bilkis

According to a New York Criminal Lawyer, several police officers were charged with various crimes arising out of their conduct in connection with their search for a lost police radio. According to the records of the case, the police officers went to two apartments to pursue a lead regarding the radio. The radio had been lost during an arrest related to a drug crime in the area several days earlier. The records said the police officers pushed their way into two apartments, ransacking both, and unlawfully detained the individuals encountered within the apartments. In searching the second apartment, the police officers discovered vials of crack coccaine and threatened the occupants therein that they would be charged with coccaine possession if the radio were not promptly returned. The police officers allegedly told the apartment occupants that they would “forget” about the drugs if the radio was returned. Administrative proceedings were then commenced against the police officers by conducting hearings.

Following a jury trial, each police officer was found guilty of unlawful imprisonment, coercion, criminal trespass, and official misconduct. Two of the officers were also convicted of falsifying business records. Prior to sentencing, the police officers moved to set aside the verdict alleging improper use of their statements in connection with the indictment and trial.

Among the numerous issues raised on appeal, the police officers challenged the sufficiency of the trial evidence, the cour’ts charge on unlayful imprisonment, alleged inconsistencies in jury verdict and the court’s restriction on cross-examination of certain witnesses. Each of the police officers gave similar statements essentially denying any wrongdoing. The policemen testified in court that they saw one of the occupants of the apartment in the alley and he dropped the cocaine when he saw the police officers. One of the policemen said he has arrested the same person for marijuana possession prior to the incident.

Published on: February 17, 2012

Babysitter Charged with Sex Crimes

by Stephen Bilkis

Anne-Marie P., a juvenile, was charged with various sex crimes that included one count of first degree sodomy, two counts of first degree sexual abuse, two counts of third degree sexual abuse and one count of sexual misconduct. These crimes were allegedly committed against Megan H., who was six years old at the time she testified. The court was satisfied in her ability to offer sworn testimony. The case went to trial in Family Court.

Megan testified that the juvenile defendant pulled down her pants and penetrated her vagina using her fingers. She also stated that the defendant put her mouth on her breasts and touched her behind. According to the victim, she attempted to escape the room where the inappropriate sexual contact took place. She also said she did not give Anne-Marie P. permission to do these things.

According to a New York Criminal Lawyer, Megan also testified that she had seen the defendant place her mouth on her brothers’ penises. Cross-examination revealed that Megan had told her mother what happened as well as the detective who took her statement. Reportedly, she could not remember the date or time the inappropriate sex acts took place. She also said that incidents similar to the ones she described had never happened to her friends and she had never seen anything so portrayed on television.