New York Criminal Lawyer Blog

Published on: February 20, 2012

Court Rules on Extending Order For Protection

by Stephen Bilkis

Sex crimes according involves a lot of complications on how you can offer utmost protection to the victims. Victims of such kinds of crimes can be truly traumatized and even find themselves restless and threatened all the time. In this sex crime case of Wesley Foster, the amendment is asked to be modified for the further protection of the victims of the suspect’s alleged domestic violence acts. It was in July 5, 2004 when Foster attacked his ex girlfriend by breaking into her apartment and harassing her extremely.

He did this despite his orders of staying away from the victim. He was charged with several more cases of burglary and also criminal contempt amongst many others. It even involved stalking and extreme harassment. Everything was consolidated and the court advised him to go through treatment alternatives program. If he would go through such, then his degrees of conviction would be lessened and may even be dismissed. But if he would not give in to drug treatment, then the orders of the court would remain the same. He would be sent to prison for seven years.

Not only that according to a New York child pornography lawyer who was part of the team, his post release provision will be supervised up until five years. Besides the two chances that he was given, he still failed to finish the program. It was in 2006 when the appeal for added protection for the victims was amended that the maximum duration of the protection was even increased up to around eight years.This is just right especially with such an erratic behavioral problem shown by the accused.

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 20, 2012

Court Rules in Vehicular Manslaughter Case

by Stephen Bilkis

In New York City, a man was charged with four counts of manslaughter in the second degree, four counts of vehicular manslaughter in the second degree, two counts of DWI (driving while intoxicated), reckless endangerment in the second degree, driving with a suspended registration and various traffic infractions. A New York DWI Lawyer said that the charges arise out of a single-car collision that resulted in the death of three people, a pregnant woman and her son and the sister of the pregnant woman. Also at issue is whether the son, delivered by cesarean section after the death of the mother, was an additional fatality under the law. The defendant is alleged to have been driving while intoxicated and above the legal speed limit when he ran a red traffic signal and collided with the family crossing the intersection.

Records revealed that the defendant had the opportunity to examine the Grand Jury minutes and claims that the evidence before the Grand Jury is insufficient to support any of the charges of manslaughter in the second degree while conceding the sufficiency of the evidence regarding the charges of vehicular manslaughter involving the deaths of the three victims. The defendant claims, however, that none of the charges were sustained with regards to the son. He argues that he cannot be charged with the death of a child who was never legally alive.

A New York DWI Lawyer said that he also seeks a number of rulings to be disqualified prior to trial. He seeks to exclude the testimony of a lay witness who testified as to the speed at which his vehicle was traveling; the testimony of his alleged drinking prior to the collision; the prosecution from introducing evidence of the name and nature of the bar where he was said to have been drinking; and to exclude the testimony that two empty beer cans were recovered from his vehicle. He also seeks to disqualify the court from introducing evidence of his refusal to submit to a coordination test. In addition, he moves to suppress his statements allegedly made to a Police Captain.

Published on: February 20, 2012

Bartender Held Liable in DWI Case

by Stephen Bilkis

Two couples went out on a group dinner date on February 2, 1960. According to a New York Drug Crime Lawyer, after dinner, they drove to a restaurant on Staten Island at around 9:00 p.m. In between the dance numbers, the two couples drank. One lady passed out from having taken too much alcohol. Her date steadily drank double bourbons straight. Her date became drunk and noisy. He fell to the floor and some bystanders told the bartender not to give the obviously drunk man anymore to drink.

The bartender kept giving the man more double bourbons reasoning that the man was just enjoying himself. Later, at 1:00 p.m., the two couples left the restaurant. The lady who passed out was asleep in the passenger seat in front. Her date, the man who passed out after imbibing several double bourbons insisted on driving.

When the car had travelled about nine miles from the restaurant, the lady’s date who was driving while intoxicated lost control of the car which veered off the road and crashed into a building. A New York Drug Possession Lawyer said the driver was killed and his date who was sleeping in the front seat was seriously injured.

Published on: February 20, 2012

DWI Evidence Challenged as Hearsay Testimony

by Stephen Bilkis

Sometime on January 20, 1956 in the City of Rochester, New York, a person drove his automobile (1953 Plymouth) unlawfully and figured in a collision at the corner of South Union Street with another automobile (1951 Chevrolet). When a police officer arrived at around 3:45 p.m. the driver of the 1953 Plymouth had already left the scene. At around 4:30 p.m. the police officer had found out where the owner of the 1953 Plymouth lived. He went there and the person who answered the door seemed to the officer to be unsteady on his feet. He had bloodshot eyes and he smelled of alcohol.

According to a New York Criminal Lawyer, the police officer asked the man if owned the 1953 Plymouth which was involved in a collision on South Union Street. The man said yes and he explained to the police officer that he left the scene of the accident because he did not want to be arrested for driving while intoxicated. He claimed that since the accident occurred, he had not had a drink. When the police asked the man to accompany him to the precinct, the man walked unsteadily as he tried to get his shoes and put them on his feet.

A New York Criminal Lawyer said the man was arrested for the misdemeanor of driving while intoxicated. At his trial he claimed that his arrest was unlawful. He claims that the crime of driving while intoxicated is a mere misdemeanor and the police officer had to have witnessed the misdemeanor happening right in front of him for him to effect the arrest without a warrant. And since he was arrested for a misdemeanor without a warrant, his arrest is illegal and the charges should be dismissed.

Published on: February 20, 2012

Court Rules on License Revocation Issue for DWI o

by Stephen Bilkis

A man was arrested in November 14, 2007 for driving while intoxicated and his license was revoked. As part of his conviction, his driver’s license was revoked for six months. But because this conviction was the man’s first, he was able to join a rehabilitation program offered by the Department of Motor Vehicles.

A New York Criminal Lawyer said that as part of the rehabilitation program, the man was issued a conditional license. This license imposed restrictions on him: he can only drive to and from work; he can only drive to the rehabilitation program and its related activities; he can only drive to and from school; and he can only drive between 12:00 noon and 3:00 p.m. on Saturdays.

On February 10, 2008, the man was arrested once more for driving while intoxicated. He was arrested at 1:04 p.m. He was with his girlfriend and upon his arrest he told the arresting police officer that he and his girlfriend came from a bar. He was charged for driving while intoxicated and other offenses. Under the indictment, he was charged with aggravated unlicensed operation of a motor vehicle in the first degree.

Published on: February 20, 2012

Witness Testimony Questioned in DWI Case

by Stephen Bilkis

The defendant in this case is charged with a DWI and violation of vehicle and traffic laws. A hearing was ordered by the court to determine if the blood test obtained from the defendant had led to the violation of vehicle and traffic laws.

The police officer who arrested the defendant was named the witness in the hearing. There were no witnesses for the side of the defendant. The court heard the testimony of the witness and examined the evidence presented before it.

According to a New York Criminal Lawyer, after the witness had testified, the court has found the witness to be credible since the witness is a veteran police officer. On the day of the arrest, the officer was on his usual patrol when he received a report concerning a vehicle accident. He arrived at the scene and found the two cars involved in the accident. He noted that one car had attained damages on its rear end. The other car had damages at the front. The police officer chose to approach the car with the front damage. The driver of the vehicle was the defendant in this case.

Published on: February 19, 2012

Drug Possession Defendant Seeks Parole

by Stephen Bilkis

According to a New York Drug Crime Lawyer, a 59-year old man is currently serving an aggregate prison term of 21-1/2 years to life arising out of his 1982 convictions for various drug crimes, including marijuana possession, and attempted escape from prison. The prisoner challenged the denial of his application for parole before the Board of Parole. .

The court held that record demonstrates that the Board appropriately considered the statutory factors, including the seriousness of the prisoner’s crimes, his prior criminal history, positive program achievements while incarcerated and post-release plans.

While the dissent minimized the seriousness of the prisoner’s offenses, describing them as neither violent nor accompanied by a history of violent crimes, the record before the Board showed that the prisoner petitioner had been a drug dealer for 10 years and that his activities escalated to high-level cocaine trafficking that did, in fact, directly lead to the violent death of one police officer and the grievous wounding of another at the hands of his co-defendant brother. The court said that, contrary to the dissent’s view, the Board could reach its conclusion after weighing the prisoner’s accomplishments in prison against the level of violence associated with the drug trafficking and the drug crimes of which he was convicted without improperly considering matters outside the record

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 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.