New York Criminal Lawyer Blog

Published on: February 2, 2012

Man found guilty of DUI, weapon charges, awaits trial for arson

by Stephen Bilkis

A Kane County judge found an Elgin, Illinois man guilty of aggravated DWI and unlawful use of a deadly weapon. He was also found guilty of violating an order of protection. The judge dropped the most severe charge of armed violence and harassing a witness charge, a New York Criminal Lawyer was told.

The police were called to the residence of the 32-year-old man’s former girlfriend’s residence. They found the man asleep in a Jeep with a butcher knife outside the apartment complex at 2:45 a.m. April 7, 2010. The woman called the police because the man had knocked several times throughout a four-hour period. She never answered the door. Instead, she hid in fear until he went away.

At the trial, the police officers, who responded to the 911 call, testified that the man appeared intoxicated. He threatened his former girlfriend, one of the police officers said in court. At the time of the incident, he had been released on bond for an arson charge where he set fire to a house where one of his children, who was two-years-old, was inside. The child was not injured. The home belonged to his parents.

Published on: February 1, 2012

Circulation of non-FDA approved cough medicines causes alarm among physicians and professionals

by Stephen Bilkis

A recent concern has been raised regarding side effects and unintended release times of over-the-counter cough and cold medicines that are not approved by the FDA.

As discerned by a New York Criminal Lawyer, the U.S. Food and Drug Administration has deemed over 500 name-brand, over-the-counter drugs as sketchy at best, stating that they should not be on the market at all. One of the primary concerns is in regards to the claims of the drug’s reaction upon human consumption. On the one hand, some of the cough and cold products release the primary active ingredients much to quickly; it has been noted that one product in particular releases the active ingredient within 30 minutes of consumption, rather than the 8-12 hours advertised on the package. Other products err on the opposite side of the spectrum, releasing the main ingredients much slower than advertised.

A woman who serves the Center for Drug Evaluation and Research as director of compliance expresses her concern regarding these products by saying, “We don’t know what’s in them, whether they work properly, or how they are made.” The arbitrary nature of the OTC drugs has also raised concern among notable physicians. A professor of family medicine from the University of Michigan stated he’s “quite certain that very few physicians are aware of them being unapproved, and would be as surprised as I was to hear that there were unapproved drugs on the market at all.” A Long Island Criminal Lawyer notes that some of the specifics of these unapproved and potentially dangerous drugs include the combining of two or more active ingredients such as antihistamines, which are sometimes known to over-sedate a patient.

Published on: February 1, 2012

In New York, a discussion of limits on medical malpractice awards

by Stephen Bilkis

Currently in the state of New York, there is an interesting dynamic happening in the medical field regarding awards given to victims of medical malpractice.

Many representatives of hospitals are arguing in favor of “caps” for financial compensation awarded to victims of alleged medical malpractice, in response to malpractice lawsuits. A New York Criminal Lawyer notes that one of the main reasons for their argument is the correlation between high malpractice awards and high costs of medical care to the average patient. The hospitals and doctors that are fighting for these malpractice award caps are also directly correlated to the increased need for “defensive medicine”, which includes certain medical procedures and tests which might normally be deemed unnecessary, were it not for the extra care given to patients out of fear of malpractice accusations.

On the opposite side of the spectrum, as observed by a New York Criminal lawyer, are consumer advocacy groups and attorneys, who claim that award caps for medical malpractice are detrimental to the interests of patients. They continue with a positive reason for keeping caps off of malpractice award suits by stating that when it comes to long-term care, cap-less awards act as an important element for the well-being of the patients. Furthermore, they maintain that hospitals do not usually pay such malpractice awards out of their own pocket; in fact, the insurance provider usually takes care of such claims, although insurance premiums have steadily increased in recent years.

Published on: February 1, 2012

Passenger in critical condition, police book driver

by Stephen Bilkis

A driver, police believe was driving drunk, will face charges after her 17-year-old passenger suffered severe injuries from the crash. The 22-year-old woman driving crashed into a tree, a New York Criminal Lawyer was informed.

Police were called to the scene of the accident around 2:40 a.m. Sunday. The 17-year-old male passenger was unconscious when officials responded. He had visible facial injuries. The accident happened in Morgan Hill, California.

The driver is not the only person believed to have been drunk during the time of the crash, the minor was believed to have been under the influence too, as police officers reported to a New York Criminal Lawyer. A helicopter transported the 17-year-old male to a nearby hospital in California. At this time, the male is in critical condition, but the hospital was not able to go into any further detail about his health.

Published on: January 31, 2012

Friends Should Not Let Friends Drive Drunk Says Police

by Stephen Bilkis

The Maryland State Police Department is encouraging friends to tell on their friends, states a New York Criminal Lawyer. The State Police are encouraging motorists to call in to 911 if they see people driving erratically or dangerously on the roads during the winter months. They believe that residents in the state would rather call and tell on a person who is driving drunk rather than allow that person to hurt someone else.

They started the campaign before the Super Bowl and wanted motorists to look out for fellow motorists who might have had a few too many to drink while watching the game. The campaign was successful and there were more people using designated and sober drivers instead of taking a chance behind the wheel themselves. They want to extend the campaign and have motorists looking out for other potentially drunk motorists all of the time to prevent injury accidents related to alcohol.

The program was created and advertised using grant monies. The push for the safe roads will continue on in to the spring months, because drunk driving is a year-round concern. In previous years, there were severe accidents and the police did not want to have a repeat of those days. They will continue to encourage all residents to get a designated driver, a sober driver or to call the police if they suspect someone is driving drunk on the roads.

Published on: January 31, 2012

Mother Charged in Crash with DWI

by Stephen Bilkis

A Sag Harbor woman was charged with driving while intoxicated after she ran her car into a utility pole, according to reports from a New York Criminal Lawyer. The driver and her two small children sustained injuries in the crash.

The 34-year-old mother was charged with an aggravated felony, DWI, and a misdemeanor, endangering the welfare of a child, following the accident, a New York Personal Injury Lawyer was told. In Southampton Town Justice Court, her plea was not guilty, sources told New York Car Accident Lawyers. She was released on $5,000 bail.

The woman lost control of her vehicle while driving in Bridgehampton. She swerved into the northbound lane and knocked over several poles, dropping live wires over the road. Authorities had to close the street for several hours.

Published on: January 31, 2012

Pass the Spittoon—Man Spits on Floor in Courtroom

by Stephen Bilkis

A twenty year-old man from Macomb faces charges for driving under the influence, marijuana possession, and a possible charge for contempt, as he spit on the floor in the courtroom during his hearing. The Illinois State Police arrested the accused early on Sunday, where he was driving with a suspended/revoked license, found to be in possession of marijuana, and driving under the influence of drugs.

Since the man failed to appear in court in the past, he is also wanted in the state of Tennessee. His hearing was held on Monday at the McDonough County Circuit Court, where in order to be released he would have to post $450 to make bail, but he claimed that he could only account for $300 total. The man seemed outwardly troubled, as he shared about the difficulties of traveling place to place, and struggling with family problems. A New York Criminal Lawyer expounds, that while the man was walking toward his seat in the courtroom, he allegedly spit on the floor, and was later questioned by the Sheriff’s deputy as to whether this was an accident or not.

After the accused was dismissed, an assistant county prosecutor filed an appeal that the act of spitting was a direct sign of contempt toward the court. No ruling has been made yet, regarding the petition against the accused for spitting on the floor. The man is currently residing in the McDonough County Jail, until his next hearing on Wednesday.

Published on: January 30, 2012

Bus Driver Gets Probation for DWI

by Stephen Bilkis

A bus driver in Mount Prospect is counting her lucky stars recently, claims a New York Criminal Lawyer. A judge granted the bus driver 2 ½ years of probation instead of a jail sentence for her crimes in a DWI case. The DWI occurred last March when the driver failed a field sobriety test. Her blood alcohol limit tested to be .226, which is more than three times the legal limit allowed for anyone to be behind the wheel.

The bus driver was driving under the influence as she dropped off approximately 45 students to their houses after school one day. She admitted to drinking two vodka tonic drinks during her lunch hour, before driving the students home from school. The bus driver was then fired from her position as driver. The driver’s supervisor was also fired for failure to report an incident.

There was a call made to the school district that alerted the supervisor that drinking might have been taking place during the lunch hour. The supervisor did not notify police, which the school says violated their policy. According to the New York Criminal Lawyer, the supervisor and the bus driver were fired for their conduct. The bus driver was charged with a DWI, and ordered 2 ½ years of probation, along with 480 hours of community service, attend alcohol counseling and pay a fine to the city. There is no word on if the supervisor faced any charges related to the incident besides losing their job.

Published on: January 30, 2012

A Noisy Car Might Get You Arrested

by Stephen Bilkis

Don’t plan on driving around in your tricked out car with the radio at full blast. New laws could make you a criminal in Florida if you have a car that is too noisy and police catch you, according to a New York Criminal Lawyer. Police are handing out fines and writing people up for laws that went in to affect that were meant to protect people’s hearing and privacy. Now, those laws are being challenged by people with tickets because they say the noise laws are too strict.

The “offenders” say they are not criminals and playing music within their car is not a crime. The law states that if someone – namely a police officer – can hear the music and they are at least 25 feet away, they can write you a ticket for the offense. People within the cars may have the music on and if the wind carries it the right way, police 25 feet away can come after you. The people riding in those cars believe that is not fair and that the distance by which a person can hear a radio or CD should be farther away.

Other cities besides the ones in Florida are also looking at tougher noise laws. Officials believe that if by making noise laws stricter and making them criminal offenses, people will pay attention to the law a bit more. The noise laws were created because citizens who didn’t have loud radios were tired of their cars shaking while sitting at a red light or a stop sign next to someone who had it up way too loud.

Published on: January 30, 2012

Man with stupidity defense faces jury

by Stephen Bilkis

A man accused of stealing a high dollar purse tells a Manhattan jury that he is too stupid to be a burglar, especially since he was not even aware that he was in a hotel where the crime occurred, according to a New York Criminal Lawyer. The Defendant is a convicted gun carrying car thief and shoplifter but claims to not have the intelligence to also be a burglar.

He was accused of sneaking into the Soho Grand Hotel in 2007 during a movie shoot and stealing a Balenciaga purse worth $2000. The purse belonged to Kirsten Dunst. He was arrested and went to trial on the burglary charge. His defense at the trial was that he was a drunk and was not even aware that he was in a hotel. He also used the defense that he is a myopic mongoloid who was incapable of the theft.

The Defendant then claimed to have been invited into the hotel by a friend who was involved in a drug deal at the time. His friend was allegedly going to the hotel to deliver drugs to an actor on the set and the delivery spot was the penthouse green room. The penthouse green room was being used by the British actor Simon Pegg and by the purse owner Dunst at the time.