Articles Posted in Suffolk County

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The right to a speedy trial is a right that is essential to the Constitution of the United States of America. Each person is granted the right to a speedy trial before a jury of their peers. However, the Constitution does not define the term speedy. Lawyers and legislatures have argued for two hundred years about the definition of what constitutes a speedy trial. When does the time start?

If an offender commits a crime, does the time allowed for a speedy trial begin at that point? Or, does the time start to run at the point when the authorities become aware of the crime? What about situations where the offender is not identified? Does the time start at the point when the offender is identified? A New York Sex Crimes Lawyer said all of these are questions that have plagued the court systems from the Federal Courts to the smallest city court. Defining the term, speedy, has baffled law makers for a very long time. Some cases call this problem into question in a more obvious manner. In cases where the defendant attempts to conceal his identity and abscond, when does the time start for a speedy trial?

In New York, the prosecutors generally are given six months to prepare a felony case and be ready for trial. However, capital cases where the offender is possibly going to receive the death penalty or life in prison, the courts have generally allowed more time based on the severity of the punishment that the person could face. One case of this nature began in 1972 when a man was arrested for being on a fire escape with tools to commit the crime of burglary. A New York Sex Crimes Lawyer said at that time, he provided a false name and date of birth. He provided an address in Kings County where he said that he lived. The next year, he was arrested in June for rape. He provided a different name and date of birth than he had the first time and a different address than he had provided before. He told the officers that he had never been arrested. Computer systems were not in effect at that time and the deception was not caught until much later.

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Statutory law is not as fluid as case law, but there are frequently changes that occur in the law that require the courts to adjust their actions in different cases. A New York Sex Crimes Lawyer said tne case presented in New York, involved an inmate who wanted to be resentenced under the Sex Offender Registration Act. His argument was that he was sentenced as a higher level sex offender than he actually was. He wanted to be reclassified in order to obtain a lighter sentence and less controls on his liberty upon his release. He prepared his argument himself and incorporated his defense into a letter to the courts.

The court officers were impressed with his ability to research the law and to apply his research to his current case. He located a 1909 penal law that the court was not even aware existed. A New York Sex Crimes Lawyer said his contention that the law established sentencing provisions that should apply to his case was an intriguing notion to the court. However, the court did not agree that the differences between the 1909 and the 1967 penal law established a premise to bring otherwise ineligible sentences under provisions that would enable them to be resentenced under the 2009 DLRA. The defendant stated that the 2005 provisions for DLRA are overly complicated is an opinion that is shared by the court. It does not enable the court to ignore the standards of law that are presented. The 2009 provisions are not as restrictive as the 2005 DLRA, but the two statutes are different. They do not negate the applicability of the case law.

The defendant argues that certain statements regulating the calculations of repeat felony offenders that are present in the 2009 DLRA mirror the wording of Article 70. He contends that this wording makes it possible for certain repeat felony offenses to be recalculated for the purposes of resentencing and eligibility for resentencing under the SORA statute. The court does not agree with his argument. The calculation provisions that are in place are there to restrict the offenders of violent or sexual offenses. A Nassau County Sex Crimes Lawyer said these provisions are aimed at offenders who are likely to repeat their offenses and endanger the public welfare. The court reviewed the subject’s history and determined that he would not be eligible for resentencing even if his argument was correct. It is up to the panel to determine who is and is not a good risk as far as their recidivism rates for the offenses that are listed in the law. In the case of this particular offender, he had so many offenses that even if some were reclassified, he would not have a sentence difference. According to the evaluation by the Supreme Court, his sentence of three and one half years to seven years would remain unchanged even if he were to have his offense reclassified.

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Issues that involve mentally ill suspects can be difficult to manage in the criminal justice system. Mentally ill suspects are a special population of offenders that do not fit squarely in the legislative intent in most cases. A New York Criminal Lawyer said when a violent crime involves a person who is clearly mentally ill, the court must balance the rights of the victim’s family to see justice done with the ethical problem of managing an offender who may not be able to comprehend the trial process, his charges, or that what he did was wrong. There have been several laws throughout history that were designed to create a balance of determination where it regards mental competency to stand trial. The McNaughten Rule was the common choice for the last 100 years. The McNaughten Rule established that the offender had to know that what he had done was wrong.

In 1963, the New York Legislature passed document No. 8. On pages 18-19 of this docuent, the courts revised the McNaughten Rule’s theory of the offender knowing that what he did was wrong. The more modern view that encompasses the scientific knowledge of the day as it relates to mental illness, only requires that an offender has a substantial capacity to know or appreciate that what they have done is wrong. Some states include this wording in legal statutes that claim the person may be guilty, but still mentally ill. In states that have a guilty, but mentally ill statute, the person who is found guilty of the crime is sentenced to a mental institution until they are deemed cured, then they are transferred to a penitentiary where they will serve the remainder of their sentences. In 1970, this option was not available. One particularly heinous crime brought this legal problem to the forefront of public attention.

In 1970, a sixteen year old boy was working in a New York apartment building as a porter. One of his duties was to fix minor problems within the apartments. One day, a woman called in a problem with her blinds, the porter responded to fix them and entered her apartment. She was later found raped and brutally stabbed numerous times. The knife was left protruding from her buttocks when the offender left the scene. A New York Criminal Lawyer said before her body was found, the porter had shown up at the fire station next door to the apartment building with a severe cut on one of his hands. He told the firemen that he had cut his hand on some barbed wire. The firemen transported him to the hospital to receive stitches. The boy went home and told his mother that he had fallen on a bag that had glass in it and cut his hand. He was later arrested and told the police a different story about how he had cut his hand.

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These days, it is very hard to trust others especially when it comes to leaving our kids with people who you can truly rely on. There are many cases these days where nannies and even babysitters are accused of committing sex crimes that involve the children of their own employers according to a New York sex crime lawyer. This goes the same for this case that is considered as an example here in this report for you to understand better the legal proceedings for such cases. The one involved here as the accused is James Watt.

Watt was convicted of rape, sodomy and for putting into danger the welfare of a little child. The crimes involved in his case are considered very heinous since it was committed against innocent and helpless tiny girls who are under 11 years old. These kids according to their parents were entrusted to him since he operates a basement based daycare center in the community. The problem that made everything worse according to another New York child pornography lawyer is that the daycare center was not registered.

A New York Sex Crime Lawyer said that all of the kids involved as victims gave their testimonies in detail even if it was really heinously specific in detail. The New York sex abuse lawyer backed this all up with formal medical evidence from experts done through proper medical examinations of the children. Many of them already showed suffering from diseases which are sexually transmitted. It was actually very sensitive to discuss but this could be a true learning experience for many and how they would be able to protect their children. The total number of crimes that was perpetrated against him includes twelve kids. This of course means that this case should be well investigated and be well prepared.

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A serial killer’s graveyard was thought only to contain the bodies of women, sources told a New York Criminal Lawyer. Police were therefore shocked to find the body of an infant or a child buried there.

“One doesn’t match the others. It’s a young person, possibly as young as an infant, or a child,” one witness reported. The same source also suggested the victim may be due to another killer entirely.

There have been seven other murder victims found on that stretch of Long Island beach. Four of these people were found close to each other in December 2010 and were all confirmed to be prostitutes on Craigslist who disappeared after meeting a john. The other four, which includes the body of the child, were discovered just a few miles away. The second set of four were all within half a mile of each other. Sources explained that while the first set of four have been identified, the second set remains unknown.

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A prep school teacher has become what some consider to be “a parent’s worst nightmare” after pleading guilty to child pornography charges, sources told a Nassau County Sex Crimes Lawyers.

The 28-year-old teacher admitted to using an internet file-sharing program to download videos of children engaged in sexual activities.

“I did use it to download material considered to be child pornography,” the ex-teacher told a federal district judge as the ex-teacher and his family sat in a nearly empty courtroom.

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A Dallas man is suing the county, the sheriff, and the district attorney after he spent 13 months in jail without access to a lawyer or a court hearing.

The 22-year-old man had been pulled over for a traffic stop. He wished to hide the arrest warrant for violating his parole on a drug charge against him so he used his cousin’s name. He thought the 25-year-old husband and father had a clean record. However, that was not the case; a New York Criminal Lawyer was told.

The cousin also had an arrest warrant with charges of fondling a young relative. The 22-year-old man was arrested, booked, and put into jail.

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Florida authorities have arrested a former Elementary School group leader of a Florida Elementary School after school program, a Criminal Lawyer in New York has learned. The arrest is the result of an investigation that alleges the 21-year old taped a child to a chair in order to stop the child from crying.

Police have told lawyers the former group leader used wrapping tape to tie a 5-year old boy to a chair. The suspect is then alleged to have held the chair, with the 5-year old boy still taped to it, upside down all the while threatening the boy that he would not put the chair down until the child stopped crying. The allegations further allege that after another student had placed the 5-year old boy into a large trash can, that the suspect would not allow the boy to get out of the trash can as he continued to push the boy back down. The suspect would also quickly undo the tape if a teacher would be walking toward the room. There were no Sex Crimes charged in this case although there was some suspicion.

A NYC Criminal Lawyer was also told that the suspect was in the process of being terminated as a result of some ongoing performance issues, but had resigned before the review had been completed by the school district. Once the allegations became known to the school district, the proper authorities were notified and an investigation initiated into the alleged incidents. In Suffolk County and Nassau County, school officials are always alert to these kinds of transgressions by teachers. Sometimes and Nassau County Sex Crime Lawyer gets involved in this type of case, for obvious reasons.

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The evidence has been mounting against two police officers accused of rape. Prosecutors have told New York City Criminal Lawyers a 911 call they received from a Canadian tourist regarding the crime was actually one of the officers trying to pin the charges on a “smelly” homeless man. The call was made from a pay phone in the East Village.

The alleged rapist and his accomplice, who may have served as a lookout, are said to have faked the call, so they would have more time to make the second of four visits they paid to the apartment of a drunk woman early one December morning in 2008.

According to the victim, she had passed out on her bed. She awakened to the sound of the alleged rapist removing his bulletproof vest before raping her.

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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.

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