New York Criminal Lawyer Blog

Published on: February 12, 2012

Supreme Court Rules on Sex Crimes Case

by Stephen Bilkis

Almost every New York Criminal Lawyer is aware of the fact that for various sex crimes, sex offenders are set to register for them to be treated properly and also as a way to protect the rest of the citizens of the society. In this particular case to be discussed, there are three accused sex offenders who refuse to register under this legal act. All of them were involved with having committed kidnapping. They insist that their rights have been violated since there were no proofs that they really did it.

The first one accused is defendant #1. She was seen approaching a group of little children in the park and allegedly grabbed an eight year old kid. Her motive was to have a replacement of one of her own kids whom she has lost due to custody. The next one was defendant #2 who allegedly locked his girlfriend who has two little kids in her own apartment. The reason is that he did not want his girlfriend to break up with him. The last one is defendant #3 who employed a prostitute. When his employee decided to quit, he was accused of kidnapping the woman’s son so the woman would go back to working for him.

As per the Supreme Court’s judgment, all three should be assisted by a Bronx Criminal Lawyer under the Sex Offender Registration Act. But as already mentioned, they all protested and did not want to succumb to it. The main reason of the three is that they may be guilty of kidnapping but they were never found guilty of sexually abusing the minors they have abducted. But if SORA will be reviewed, it includes unlawful imprisonment and kidnapping in the list of crimes committed.

Published on: February 11, 2012

Court Rules of Constitutionality of the Drug Law of 1972

by Stephen Bilkis

On October 16, 1974, the Albany County Court in People v. Hollingsworth had an occasion to rule on the constitutionality of the penalty imposed by the Drug Law of 1973. The said law imposes a mandatory penalty of life imprisonment on certain drug crimes, making the penalty equivalent to that of heinous crimes, such as kidnapping or murder.

In the said case, the defendant was charged with the criminal sale of a controlled substance in the third degree. Prior to trial, the defendant sought the dismissal of the case because, according to him, the law infringes on his constitutional right to be free from cruel and unusual punishment, among others. He anchored his claim on the decision of the Monroe County Court in People v. Mosley, where it was held that certain provisions of the Drug Law is unconstitutional for being a cruel and unusual punishment.

In drug possession cases, it must be noted that the standard by which the court must determine whether a particular punishment is cruel and unusual, and hence violative of the Constitutions, is the modern concept of cruelty and unusualness prevailing in society at the time the question is raised.

Published on: February 11, 2012

Court Rules on Drug Crime Case

by Stephen Bilkis

According to a New York Criminal Lawyer, in July of 1974, a man who pleaded guilty for sale prohibited drugs was charged of life imprisonment with no possibility of probation and lifetime parole. According to reports, this rule was first given the highest force of law in United States in 1910 which during that time was considered to be fair and just, but does it follow that what was fair and just 70 or more years ago applies now.

Based on reports, of all the class A felonies such as arson, kidnapping, murder, only the narcotics possession and sale offenses are prohibited from being reduced by plea bargaining. Thus, a person who kills intentionally, who causes serious physical injury in the course of a robbery, who rapes a child, who blows up an occupied building, faces a maximum term of 25 years, or a maximum of 30 years for a series of such acts before being imprisoned on any one of them. Although imprisonment is mandatory, no minimum term may be imposed unless the court gives reasons for concluding that the best interest of the public requires it because of the nature and circumstances of the crime and of the history and character of the defendant.

A New York Criminal Lawyer revealed that a man charged of cocaine possession will not remain on parole for the rest of his life, nor will he be denied the opportunity to engage in plea bargaining. Crack possession is considered to be worse than a person who kills intentionally, who causes serious physical injury in the course of a robbery, who rapes a child, who blows up an occupied building,whether he sells a bag of heroin for profit or to support his own addiction or whether he gives away a ‘fix’ to a desperately sick friend suffering from withdrawal pains (where the consequences to the ‘victim’ and to society are minimal, by any scale of values), the mandatory maximum penalty of life remains the same.

Published on: February 11, 2012

Court Rules on Sex Crimes Comitted by Defendant with Mental Health Issues

by Stephen Bilkis

There are many sex crimes these days that are discovered by a New York Criminal Lawyer to have been caused by mental health or abnormality. Aside from SORA there is also the SOMTA or what is called as the Sex Offender Management and Treatment Act which deals with sex crimes that involve the Mental Hygiene Law. In this particular case, the defendant is convicted of promoting prostitution, kidnapping and also bail jumping. He was given the charge of 9 to 18 years for kidnapping, 4 to 8 years for the kidnapping, and 3 to 6 years for the bail jumping.

Nelson forced his victim and raped her over and over again. He even forced her to be a prostitute and even physically beat her including the involvement of drugs. He was a detained sex offender who was found out to have been suffering from some kind of mental abnormality. According to a New York law as discussed by a Bronx Criminal Lawyer describes SOMTA as crimes that are sexually motivated.

Hence, it is the court’s decision to find out if the previous sex crimes committed by an accused person are motivated by a mental abnormality that is driven with the need for sex. All these should go through the proper criminal proceeding to make it very fair and carry out justice pretty well. Such acts like SOMTA are meant to protect the society from the danger of these free roaming sex offenders. It is only through the programs for treatment and proper management to help the accused to recover and have a bright future and at the same time to protect the citizens of the society.

Published on: February 11, 2012

Court Rules on Sex Crimes Case

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 Criminal 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 because 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. A Brooklyn Criminal 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 10, 2012

Man receives charges of animal cruelty

by Stephen Bilkis

A Suffolk County man is facing felony charges for abandoning his 2 year old Doberman pinscher in an empty house without food or water. The dog was found in a closed bedroom dehydrated and almost dying. A New York Criminal Lawyer says the 20 year old man faces up to 2 years in prison along with numerous fines for aggravated animal cruelty. He is out on $1,500 bail. According to the SPCA the man has admitted that the dog was his. The 19 pound dog is now being treated at a local animal hospital in Plainview. Once he has fully recovered he will be available for adoption. The defenant is due back in court to determine the outcome of his case and will need a qualified legal counsel to help him in his quest for freedom.

If you or someone you know is facing criminal charges of any kind you may need assistance from Stephen Bilkis and Associates. One who can help you defend your case in the appropriate manner and help you obtain the best results possible.

Come in to our office for answers to the many questions you likely have, and a free consultation. We have offices located in both Nassau County and Suffolk County on Long Island, as well as Westchester County. In New York City, we have locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island.

Published on: February 10, 2012

Court Rules on Drug Crimes Case

by Stephen Bilkis

In an undercover operation, federal agents busted a man trying to sell them eight ounces of cocaine in Rochester, New York. According to the primary witness of the drug crime, he knew the defendant for seven years and they were introduced by a mutual friend. The witness called the defendant and informed him that some interested buyers were willing to make a drug deal. The defendant, who was residing in Florida, flew to New York to meet the buyers.

In exchange for the cocaine, the primary witness received $9000 in $100 bills then went home. The defendant then came over to the house of the witness to count the bills and check for any markings left by the authorities. According to the witness, the defendant left his home with $8000 in cash as part of his profit from the sale then boarded a flight back to Florida.

The testimony of the witness was corroborated by his fiancée who also had knowledge of the drug deal. Evidence against the defendant consisted of nine surveillance tapes and recordings of phone conversations. Prior to the cocaine sale, police already obtained a court order to monitor the conversations between the witness and the defendant.

Published on: February 10, 2012

Court Rules on Drug Charges Case

by Stephen Bilkis

On September 8, 11 and 12, 1972, an undercover police officer bought cocaine from a man at the Franz Segal Park. The police officer’ back-up team in the area did not actually see the exchange of money for the cocaine. The police officer just showed his back-up team the evidence of the cocaine he bought from the man in the park which was confirmed to be cocaine.

On September 13 and 18, 1972, the defendant again sold cocaine to another undercover police officer at the same area of Franz Segal Park. When the police arrested the defendant in his apartment they discovered marijuana in a bookcase and cocaine hidden inside the inner door of a refrigerator.

The man was charged with selling cocaine on September 8, 11 and 12, 1972. He was charged also for cocaine possession and selling on September 13 and 18, 1972. And he was charged for marijuana possession and cocaine possession for the drugs found in his apartment during his arrest.

Published on: February 10, 2012

Court Rules on Sex Crimes Case

by Stephen Bilkis

Sexual abuse can be everywhere, it might be occurring in our own home. According to a New York Criminal Lawyer, on September 5, 1995, the defendant 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, the defendant, 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 he 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 Sex Crime Lawyer, the defendant’ 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 the defendant’s dominance over her by reason of his age and relationship with her aunt, the jury could have reasonably inferred that he 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 Long Island Criminal Lawyer said, such evidence may not be offered to show the defendant’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 he 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 9, 2012

Queens man extradited from California back to Long Island on Murder Charges

by Stephen Bilkis

A 27 year old man was extradited to Long Island from California to face murder charges on a 2009 fatal shooting that took place in a local nightclub. He is facing a charge of 2nd degree murder on the shooting of a victim Valley Stream. The victim was pronounced dead at a local hospital in Manhasset. A New York Criminal Lawyer has been called to defend the suspect. No date has been set for a trial but because of the serious charges, one will be set soon.

The laws that govern homicide in New York are governed by Section 125.00 of the New York Criminal Proceedure Law. There are many different factors that come into play when a charge of murder is involved. Courts will look at the intent of the party. What is planned, or an act of recklessness? Determining the defendant’s intent will be very important to assess their guilt or innocence, and what particular charge of murder they may receive.

If you or someone you know is facing criminal charges you may need the assistance experienced legal counsel. Depending on your charges, you could be facing prison time, community service, monetary fines and probation. Speak to Stephen Bilkis and Associates for advice and guidance.We will provide you with sound legal advice and a free consultation. We have offices located throughout the New York area for your convenience, including locations in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. On Long Island, we have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.