New York Criminal Lawyer Blog

Published on: February 25, 2012

Defendant Deemed Mentally Unstable

by Stephen Bilkis

Many sex crimes are committed by those who are not just merely in their normal state of minds. Majority of those who are offenders of such are usually found out to be of unstable. In this particular case discussed, the accused is hidden by the initials of P.H. He was seen first at a rooftop looking over a woman while masturbating and using cocaine. The victim was sleeping at that time when the suspect went inside her apartment and harassed her before he went out with the victim’s purse.

P.H. had a wide background of doing the act of public masturbation before. With this, the court is convinced that he is an exhibitionist and very much dependent on the use of cocaine. Even if he was placed on SIST, it still showed that he had a wide history too of burglary and trespassing. A witness that was called to stand for this case was Officer Ramirez. According to the Officer, P.H. was guilty of still doing these acts even after his release from 2009 and his placement on SIST. The masturbation in public places that he caught P.H. for were done in bathroom stalls that were enclosed.

With the help of a New York Criminal Lawyer, it was also discovered that he was fired from his messenger job. He was not able to explain the reason behind his termination but it was all revealed during one group counseling session. This happened due to a dispute over Metrocards issuance. Another witness was Ms. Smith who caught him taking pictures of her under her skirt with the use of his cellphone. But somehow, in the public place, P.H. made it appear that the victim was the one stealing his phone.

Published on: February 25, 2012

dwi

by Stephen Bilkis

A parishioner who hosted a party and the Parish Church where the party was held was summoned by a party guest who was hurt after he was attacked by an underage guests intoxicated with alcohol and marijuana, a controlled substance. A New York Drug Crime Lawyer said hough the Church, as owner of the premises where the injured plaintiff was attacked, owed him a duty to keep its premises free of known dangerous conditions, which may include intoxicated guests, the Church did not host the party at which such drinking took place, but merely permitted a 20-year-old parishioner, to use its hall in exchange for a donation. Under the circumstances, the Church was not under a duty to supervise the said party or otherwise retain control of its premises. Nor can the Diocese, the hostess’ parents, who were present at the party, or another guest who allegedly was one of the few, if not the only adult at the party after the hostess’ parents left, be held liable on a common-law theory of failure to supervise intoxicated underage persons, since they were not the owners of the premises, and do not fall under any of the recognized exceptions to the common-law rule that a defendant generally has no duty to control the conduct of third persons so as to prevent them from harming others. The claims against the adult guests for negligent provision of alcohol should have been dismissed since no such cause of action exists at common law.

A New York Drug Possession Lawyer said that with regard to the plaintiffs’ statutory claims, the adults present at the party’s motions to dismiss the claims based on General Obligations Law should have been granted since it is undisputed that the guests were not charged for the beer served at the party. The said law states that any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of twenty-one years, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of twenty-one years .

The claim based on General Obligations Law was properly dismissed since it did not sell alcohol to the persons who assaulted the plaintiff. As against the Church, the claim would not be viable even if it knew that there would be beer at the party, and was properly dismissed upon a record establishing that the Church did not play an indispensable role in making the beer available to the underage persons on its premises. Similarly, the claim was properly dismissed as against the Diocese, whose alleged liability appears to be wholly derivative of the Church’s, and as against the hostess’ parents upon a record establishing they were passive participants who merely knew of the underage drinking and did nothing else to encourage it. However, the claim was properly sustained as against the party hostess since she both procured and furnished the beer and as against the adult guest in view of the conflicting deposition testimony as to whether he assisted in procuring the beer. A Nassau Drug Possession Lawyer said that the claim against him based on General Obligations Law should have been dismissed because alcohol is not a controlled substance, and there is no evidence that he sold or assisted in procuring the marijuana consumed by the defendant who confessed to the criminal assault.

Published on: February 24, 2012

sex

by Stephen Bilkis

Sexual abuse can be everywhere, it might be occurring in our own home. According to a New York Sex Lawyer, on September 5, 1995, James L. Archer was convicted by the County Court of crimes of sexual abuse and endangering the welfare of a child. During trial, the 13-year-old victim testified that prior to the commission of the crimes, James L. Archer, a 31-year-old live in companion of the victim’s aunt, told her that he wanted to rape her and have a baby with her. She further testified that Archer threatened to kill her whole family if she revealed his feelings about her to anyone. The victim indicated that she believed these threats and, for that reason, did not immediately report the crimes.

Based on the New York Criminal Lawyer, Archer’s initial argument on his appeal was that the jury’s verdict finding him guilty of two counts of the crime of sexual abuse is not supported by legally sufficient evidence in that there is no proof of forcible compulsion. As relevant here, ‘Forcible Compulsion’ means to compel by either use of physical force; or a threat, express or implied, which places a person in fear of immediate death or physical injury to herself or another person. The higher court held that given the victim’s young age and Archer’s dominance over her by reason of his age and relationship with her aunt, the jury could have reasonably inferred that Archer accomplished the sexual contact through the use of threats that placed the victim in fear of immediate death or physical injury to herself or members of her family.

Another argument that Archer had pointed out was that he was discriminated by the admission of evidence regarding prior bad acts of sexual nature that he purportedly perpetrated upon the victim. Generally, a New York Sex Abuse Lawyer said, such evidence may not be offered to show Archer’s bad character or his inclination toward crime but may be admitted if the acts help establish some element of the crime under investigation. This exception was said to be applicable in this case since the challenged testimony was admitted to establish that Archer engaged in a course of conduct that was likely to be injurious to the physical or moral of the victim, an essential element of the crime of endangering the welfare of a child that was charged in two counts of indictment.

Published on: February 24, 2012

Defendant Charged with Sex Crimes Against a Minor

by Stephen Bilkis

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. A New York Sex Crime Lawyer said 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.

All of the kids involved as victims gave their testimonies in detail even if it was really heinously specific in detail. The Nassau County Sex Crimes 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.

Published on: February 24, 2012

Court Decides Sex Crime Case with Teenage Victims

by Stephen Bilkis

The case of Elliot Shapiro is an important case that a New York sex crime lawyer can present for you to fully understand the details of intricate sex crimes. He was convicted of abusing a minor and at the same time promoting prostitution. He was fighting for the fair trial of his rights thinking that they were actually violated. He was accused of sexually violating high school boys for 17 months with all the victims being under 17 years of age. During the trial, it was proven that the boys got money for it and that there was no physical harm imposed on them.

Police officers from the New Rochelle Police Department came out with a search warrant after hearing enough from a wire tapped procedure ordered by the court. They learned that two friends of Shapiro would be bringing in two teenagers who are male prostitutes so as to perform sexual acts for a fee. Another adult by the name of Brian Dowling is set to join them too. When they reached the home, they found Dowling, the defendant and two teenagers all naked in the second floor.

As per the New York criminal lawyer who researched on this case as well, Shomer and Shenn were guilty of promoting prostitution and risking the life of the two minors, aged 15 and 13. Their cases were tried separate from Shapiro. The young males attested that anal sex was performed on them while Shapiro reacted to this telling the court that he was just simply a man of weak sexual desires tempted by the two pimp friends. He wanted to establish the role that his options were limited at that time.

Published on: February 24, 2012

Sex Crimes Against a Minor

by Stephen Bilkis

It is the children whom we need to protect the most from the harm done by sex crime offenders lurking in the society today. However, it can be truly sad when the offender comes from within the basic unit of the society which is the family. According to a New York sex crime lawyer, this is case with this particular father who was charged of rape of a minor. The unnamed suspect had sex with a minor, specifically younger than 15 years old.

He was also found to be patronizing prostitution. He was sent to spend time in prison for one year and was also released after he served the required time. By 2007, the Dutchess County Department of Social Services or the DSS filed a petition involving their being negligent parents. This was because of the scenario that the released father was still an untreated sex offender while the mother was not proven to be capable of protecting her own kids from the father.

A New York criminal lawyer who did thorough research on this learned that a caseworker from the said group investigated pretty well on the family. However, he had no proper documents at that time that would prove the father was not appropriate for his own children. The wife on the other hand testified that she was completely innocent of the crimes of her on husband. It never got into her mind that her husband would be a threat to their children for she never saw him show such a negative behavior in their family. In the end though, the Family Court made a conclusion that there was clearly a negligent act on both parents.

Published on: February 24, 2012

Court Rules in Sex Crime Case

by Stephen Bilkis

Justice and fairness are the two main things that every New York sex crime lawyer aims to achieve in such cases that they handle. Majority of them are way too sensitive especially if it involves women and children. In fact, even in today’s modern times, it is easy to find also the young men being abused especially by the older pimps in the society. This particular case talks about handling juvenile cases whether it should be led to a Civil or Criminal proceeding. According to an expert New York rape lawyer, it is the petitioner who serves as the overall complainant or the victim.

The example taken was about a certain William S. who was accused of alleged sex crime acts in a total of three legal proceedings which were distinct from each of the others. This is because one crime can be deemed unrelated with each other and that it becomes totally unfair to consolidate them all just to push someone down. Other cases quite similar to that of William S. was taken into consideration for better examples to clarify the entire situation. In this case, it was about a certain Turner who was accused.

According to the New York Criminal Lawyer who once researched about the case, he was charged with killing his own mother last March 7, 1968. The other case was about being charged for the death of his grandmother at the same means of how his mother was killed – through shooting. The sides in the court requested to just consolidate the cases but before doing that, the court had to analyze well whether the two scenarios are really related to each other. And this of course, requires solid and hard evidence.

Published on: February 24, 2012

DWI Defedant Say No Probable Cause for Stop

by Stephen Bilkis

A man stayed for two to three hours and had three Scotch & Sodas at a popular bar in Poughkeepsie, New York. After he left the bar shortly after 3:00 a.m., he was drove his white Chevy pick-up truck going northbound on Route 9 near the Vanderbilt Mansion. A state trooper was on that same road going the same direction and he was right behind the pick-up truck.

The state trooper noticed that the pick-up truck had swerved left and right on the lane two or three times. The wheels crossed the double yellow lines in the middle of the road and the fog line on the right side of the road. A New York Drug Crime Lawyer said the state trooper decided to pull the pick-up truck over.

When the state trooper went over to the driver’s side to ask for the driver’ license and registration, he noticed the driver’s red glassy eyes and the heavy smell of liquor on him. The state trooper then asked the driver to alight from his pick-up truck.

Published on: February 24, 2012

Court Rules on DWI Case

by Stephen Bilkis

A police officer had just gone off-duty and had changed from his police uniform to civilian clothes. He got into his car and was driving home. When he reached an intersection with a stop light, he stopped and waited for the light to turn green before he turned left. As he was turning left, a big SUV came at high speed and ran the red light. A New York DWI Lawyer said that the officer had to stop and turn sharply to avoid being blind-sided by the SUV that ran through the red light.

The officer then followed the SUV as it ran two more stoplights. At one of the stoplights, there were people crossing the street who had to jump out of the way so as not to be hit by the SUV. The SUV stopped a few blocks later in front of an auto body shop. The officer got out of his car and talked to the driver of the SUV. He showed the driver his shield and asked for the driver’s license and registration but the driver refused. The off-duty officer smelled a strong odor of alcohol on the driver. The officer then told the driver to remain in his car.

The driver did not heed the officer’s instructions. He got out of his car as did all of his passengers. They began chanting that the officer could not arrest them because he was off-duty. So the off-duty officer called the 45th Precinct to send officers to arrest the driver.

Published on: February 24, 2012

Host of Party Charged as a Result of DWI

by Stephen Bilkis

A father organized a graduation party for his 18 year old son who graduated from high school. He decided to hold the party on June 16, 1983 at a club and he agreed to have an open bar where beer will be served to the guests from a keg with a tap. The father agreed to be charged for each keg of beer consumed. Food will also be served at the party and the father will be charged per plate served. The father decided that the party should start from 12 noon until 6:00 p.m. as an open house for his son’s adult relatives; but the party beginning at 6:30 will be for his son’s friends at school.

A New York DWI Lawyer commented that the party was such fun, beer flowed abundantly. At around 6:30 p.m. a classmate of the party host’s son who was around 19 years old arrived and had two beers. He stayed at the party until midnight drinking freely but not eating anything at all. The beer was available on a self-serve basis. When the club closed at midnight, the classmate gave some of his friends and school mates a ride at the back of his pick-up truck. Half an hour after leaving the party, the pick-up truck skidded off the road and turned over. A friend of his who was sitting in the back of the pick-up truck with his girlfriend died as a result of the accident.

The classmate pleaded guilty to vehicular homicide and to driving while intoxicated. A New York DWI Lawyer said thttps://criminaldefense.1800nynylaw.com/lawyer-attorney-1398152.htmlhe parent of the high school graduate who hosted the party also pleaded guilty to the charge of unlawfully dealing with a child (by giving alcohol to a minor.)