New York Criminal Lawyer Blog

Published on: May 2, 2012

Defendant Contends Evidence of Criminal History Incorrect

by Stephen Bilkis

The plaintiff and appellee of the case is the United States of America. The defendant and appellant of the case is Douglas Dedeker. The case is being heard in the Eleventh Circuit of the United States Court of Appeals.

Case History

A New York Criminal Lawyer said that on 1990, Douglas Dedeker, the appellant was convicted of helping a federal prisoner escape in the state of Colorado. After the appellant admitted to helping the individual and negotiated his plea of guilty, he was then interviewed by a probation officer who was in charge of preparing his presentencing report. During the meeting with the probation officer the defendant stated that he had not been found guilty of a crime since his initial release in July of 1988. However, the probation officer determined that he had been recently convicted on a shoplifting offense. For this offense he received a 30 day suspension sentence and a $300 fine. At this conviction Dedeker was not represented by a lawyer and received a fine and a suspended sentencing.

Published on: May 2, 2012

Defendant Claims Sentencing was Disporportionate to the Crime

by Stephen Bilkis

This is a case of Ewing versus California. The case is being heard in the Second Appellate district in the Court of Appeals in California. The original case was argued on the fifth of November in 2002 and the decision was made on the fifth of March in 2003.

Case Discussion and History

A New York DWI Lawyer said California is one of the states that have initiated a three strikes rule. Under this law it is stated that if an person is convicted of a felony and has been convicted of two vicious or serious felonies in the past, an indeterminate life term in prison will be given. The defendant will be eligible for parole on a date that is relevant to the minimum term of the case. In this particular case the parole date is set at 25 years.

Published on: May 2, 2012

Alleged Shoplifting Defendant Claims False Imprisonment

by Stephen Bilkis

The plaintiffs and appellee in the case is Virdie L. Smith et al. The defendants and appellants of the case are the Brookshire Brothers Inc. et al. The case is being heard in the fifth circuit of the United States Court of Appeals.

The Appeal

A New York Criminal Lawyer said in the original case, Donnie McClure and Virdie L. Smith sought damages against the Brookshire Brothers Inc, Kenneth Sandel and Glen Nevill. The reason for the case was malicious prosecution, civil rights violations, and false imprisonment. This particular suit was started because of the actions taken be Brookshire Brothers employees who took action against the appellee suspecting them of being shoplifters. In the original trial court damages were awarded to the plaintiffs and the defendants are appealing this verdict.

Published on: May 2, 2012

Defendant Contends He was Improperly Interrogated

by Stephen Bilkis

A man, in possession of a gun, accosted a registered nurse who was on her way home from working at a hospital. He assaulted the nurse who was severely injured. Seven months later, the man committed a similar crime but in the territorial jurisdiction of Queens County. In relation to the second assault he committed in Queens, the police arrested him.

A New York Criminal Lawyer said the arrest was effected while the man was in the apartment of his girlfriend. When the police arrested him, the man was handcuffed and was escorted from the building. While they were escorting him, the man and his girlfriend had a conversation. The girlfriend said that she could call an attorney for her boyfriend. The boyfriend agreed and gave his girlfriend a specific instruction to call his lawyer.

When the police reached the car, they read the man the Miranda warnings. The police detective asked the man if he understood his rights and he declared that he understood them. The police detective then asked if he was willing to talk to the detective even without his lawyer. The man agreed.

Published on: May 1, 2012

Court Terminates Parental Rights

by Stephen Bilkis

A married couple who are both hearing impaired had two children born on May 1995 and May 1992. The younger child has spina bifida. The two children were removed from the home and placed in foster care on June 20, 1996 by the Family Court after it found proof of medical neglect and domestic violence.

A New York DWI Lawyer said the husband assaulted the wife with a knife and this landed him in jail. When questioned by the family court if he assaulted his wife with a knife, he denied it. He claims that he and his wife argued and while they were arguing, he was holding a knife. He denied that he hurt her. While he was in jail, he did not see, call or visit his child. After he was released from jail, he still failed to visit, call or write his child. He failed to financially support his child.

The mother underwent therapy and counseling for depression and also for substance abuse. She admitted to her case worker that she had been using marijuana. When the case worker told her to get herself tested for substance abuse and also to submit herself for psychological evaluation, she refused.

Published on: May 1, 2012

Court Discusses Jurisdiction in Shoplifting and Drug Charges

by Stephen Bilkis

A New York Criminal Lawyer said the appellant of this case is the State of Florida. The state of Florida is being represented by the attorney general, Robert L. Shevin, and the assistant attorney general, Richard W. Prospect. The appellee in the case is Gregory Dean Bradley. He is being represented by public defender, Michael J. Minerva, and assistant public defender, Janice G. Scott.

The case is being heard in the first district of the District Court of Appeal in the state of Florida. The judge overseeing the case is Boyer.

Appeal

Published on: May 1, 2012

Defendant Claims Malicious Prosecution

by Stephen Bilkis

The appellant in the case is Vicki Trees. She is a juvenile and is represented by her parents, Jerry L. and Jewell Trees. The appellee in the case is the K-Mart Corporation located in the town of Lake Park in Florida. Additional appellees in the case are Frank Cardinal, Frank Helm, and Paul Friedman.

Appeal

A New York Sex Crimes Lawyer said Vicki Trees was a plaintiff in a false arrest and malicious prosecution suit. She is appealing the verdict of the case, stating that the original trial court admitted evidence improperly that showed her participation in a collateral crime.

Published on: May 1, 2012

Court Discusses Indeterminate Sentencing

by Stephen Bilkis

In New York, prior to January 13, 2005, it was common for people convicted of Class B felony drug crimes to be incarcerated with indeterminate sentences. A New York Criminal Lawyer said the trend at the time was to be tough on drug offenders by putting them in prison with no expectation of a final release date. In January of 2005, new trends and research into the problems presented by indeterminate sentences, caused New York lawmakers to rethink their policy. Class B felony drug crime offenders stopped getting indeterminate sentences. Since, the prisons were overrun with Class B felony drug crime offenders who had indeterminate sentences, CPL 440.46 was created to alleviate the problem. It states that any person who has been convicted of a Class B felony drug crime under article 220 of the Penal Law that was committed before January 13, 2005 might be eligible for resentencing under the new sentencing guidelines that did not include indeterminate sentences. They must have a maximum of more than three years to be eligible. The intent originally was to reduce the number of drug offenders on the streets. The problem with indeterminate sentences is that offenders behave worse when they do not have the hope of a definite end. The large number of drug offenders that were incarcerated was putting a strain on the system and taking space that was needed to house violent offenders. Sometimes, political notions of how to combat crime cause more problems than they solve. Indeterminate sentencing was one of those notions. The sentences were so severe that they were out of sync with the rest of the sentencing guidelines for other offences. Often, drug offenders received harsher sentences than violent offenders. There were other problems with the idea of indeterminate sentences that must be addressed by the New York legal system. A New York Sex Crimes Lawyer said one way is to go back through all of the cases where offenders are facing more than three years of an indeterminate sentence, and allow them to apply for resentencing under the new guidelines. In most cases, approval for resentencing means release into a drug treatment program and probation. There are exceptions to these resentencing guidelines. If a person was convicted in the ten years preceding this conviction with any violent felony offense described in section 70.02 of the penal law or any offense for which a merit time allowance is not available, then they are not eligible for resentencing under the new guidelines.

This ten-year period is figured from the date of the person’s resentencing motion and not from the date that he committed the present drug crime. A New York Criminal Lawyer said in one case, a man applied for resentencing under the new guidelines in October 2009. He had been convicted in March of 1984 for manslaughter in the first degree. Manslaughter in the first degree is a class B violent felony, which would otherwise make him ineligible for resentencing. He was also convicted in July of 1995 with manslaughter in the second degree which is an offense in which merit time allowance is not allowed. However, because both of these convictions occurred prior to the ten-year period from 2009, they do not disqualify him from resentencing pursuant to CPL 440.46. Under the ten-year look back policy, this offender’s history before 1999 cannot be considered in order to disqualify him from obtaining resentencing to remove his indeterminate sentence. Additionally, he was sentenced to an indeterminate sentence that would last more than three years which does qualify him for resentencing under the new guidelines. This matter was remitted back to Queens County Supreme Court for new proceedings and a new determination of the motion. This means that the inmate will qualify for resentencing that will put his sentence in line with the sentences that drug crime offenders are presently getting.

A New York Drug Possession Lawyer said there are mixed arguments about resentencing drug offenders, but there is simply not enough room in the prisons to house everyone who has been convicted of a drug offense. It is important that the people who have been arrested for drug offenses, and given indeterminate sentences, contact a Queens Drug Lawyer. A Queens Criminal Lawyer can represent your interests and help you regain your freedom.

Published on: May 1, 2012

Court Discusses Felony Murder Rule

by Stephen Bilkis

At approximately 8:00 p.m., a man obtained a ride going to a shopping center. Ten minutes later, he entered a delicatessen, showed a gun and demanded money from the clerk. The clerk then turned over about $145 in cash and checks. After the robbery, the man left the shopping center and walked through the surrounding neighborhood. A New York Drug Crime Lawyer said the man eventually arrived at the county line bowling alley. Meanwhile, the robbery had been reported to the police department and an alert was transmitted over the police radio. Consequently, two officers arrived at the delicatessen just minutes after the man had left. A description of the robber was attained and reported over the police radio. A normal police procedure require that unassigned patrol cars proceed to the vicinity of the crime area and any nearby major intersections in an effort to seal off potential avenues of escape. As the man walked onto the parking lot of the bowling alley, he saw a police car turn and enter the lot. The man hid under a parked car. The lone officer in the car come out from his vehicle and walked over to man’s hiding place. The man got up from underneath the car with his gun concealed between his legs. The officer ordered the man to put his weapon on the car hood but the man turned and fired. The officer was mortally wounded and struggled to get back to his police car. The officer then attempted to use the radio to call for the assistance of brother officers and then collapsed on the seat. The man took the automobile of a bowling alley patron and fled. An off-duty police officer used the patrolman’s radio to broadcast a signal for help and the report of the shooting went over the police radio at 8:24 p.m. The eyewitnesses fixed the time of the argument at approximately 8:25 p.m. The bowling alley was located less than one-half mile from the robbed delicatessen.

The man was subsequently captured, identified by eyewitnesses and indicted. A motion to suppress his confession was denied, as was a motion to suppress evidence of a pretrial, police station lineup.

After a jury proceeding, the man was convicted of manslaughter, felony murder, robbery and grand larceny. The appellate division generally affirmed the judgment of conviction, without opinion. A New York Drug Possession Lawyer said the principal issue on that appeal is whether the jury was properly permitted to conclude that the shooting of the patrolman occurred in the immediate flight from the delicatessen robbery.

Published on: May 1, 2012

Court Reviews Search and Seisure Proceedures in Possible Murder Case

by Stephen Bilkis

The village police received a 911 call from a teenager asking for assistance because he thought his mother had died. A police officer was dispatched to the home of the teenager and he arrived at 9:30am. A New York Criminal Lawyer said the teen-aged boy let the police officer in and brought him to his mother’s bedroom where he found the mother lying in a pool of her own blood. After the police officer was sure that the mother had no pulse, the police officer called for the detectives of the police department. The police officer also called the dead woman’s husband at his dental clinic.

Other police officers arrived at 10am. The police detectives arrived at 10.40 am and the medical examiners came at 11:25am. The husband of the dead woman, the dentist came home at 12 noon.

When the dentist arrived the police detective asked him questions. He was asked if he had any guns in the house and the dentist said no. He said he had not fired a gun since 1954 when he was in the armed forces.