New York Criminal Lawyer Blog

Published on: January 2, 2012

Court Discusses New Program That Evicts Drug Dealers from Real Property

by Stephen Bilkis

This summary holdover proceeding is brought by the New York County District Attorney’s office under a new program created by the Prosecutor’s office and other governmental agencies designed to evict drug dealers from residential and other real property used for illegal drug trade, business or manufacture pursuant to RPAPL Section 715.

A New York Criminal Lawyer said this eviction program is the progeny of the explosion of drug related crimes which have overwhelmed the City of New York and have sent a wave of fear throughout the communities of the city. The District Attorney’s office has realized that many of the drug dealers are conducting their insidious trade directly from residential premises, with impunity, since many local residents and neighbors are in fear for their safety and lives to report such illegal activities to the authorities. The Prosecutor’s office and other City agencies realized the need for intervention.

Police officers found heroin and the total amount of $22,983.00 in the apartment of the respondents. Respondent-tenants contend that Petitioner has failed to present any evidence of illegal drug crime conducted in the premises since there was no evidence offered by Petitioner to show that any of the Respondent-tenants engaged in a sales transaction of a controlled substance nor did the police find any controlled substance in the premises.

Published on: January 1, 2012

Motorists face heightened police presence, especially during peak holiday seasons

by Stephen Bilkis

Driving is something that many of us take for granted. We are used to being able to get from place to place with ease and on our own schedule, barring any unforeseen traffic jams. Police enforcement of driving under the influence <a href="Driving under the influence of alcohol is a serious offense. If you have been convicted of a DUI you need to call a New York Criminal Attorney right away. A rep will help you resolve your issue with the least amount of hassle.

“>DUI is on the rise, according to a study, and motorists need to be on the lookout for situations where police presence might be heightened, to avoid accidents with police officers who are just trying to keep our roads safe.

Being a police officer requires putting oneself in danger each and every day for the safety of all, and that is something that many motorists overlook, says the authority. Heightened police presence, especially during peak holiday seasons, raises the danger factor. Police who are in pursuit of motorists could be involved in a chase, for example, which puts citizens at risk. The risk of a drunk driver DWI killing someone is greatly reduced once they are caught, but catching them can sometimes turn into a deadly game in itself.

Published on: January 1, 2012

Proof in Drug Possession Case Must be Beyond a Reasonable Doubt

by Stephen Bilkis

The Drug Enforcement Task Force initiated an investigation into an organization in Brooklyn that was purportedly selling a brand name of heroin called “Raw”. As a result of that investigation, the defendant was convicted, after trial, of selling narcotics to an undercover police officer. The detective testified that on May 17, 1988, he and a confidential informant went to 31 Patchen Avenue in Brooklyn, where they met with the defendant for the purpose of arranging a purchase of five packages of heroin. A New York Criminal Lawyer said after telephoning his connection, the defendant told the detective that the heroin would be arriving shortly. A man thereafter arrived on a motorcycle with the packages and he and the detective agreed to a purchase price of $4000. After the defendant complained, however, that he was being cut out of the deal, the man raised the price to $4700. The detective gave the man the $4700 from which $700 was given to the defendant.

After the informant contacted the defendant by beeper, he and the detective agreed to another sale. A New York Criminal Lawyer said the defendant then contacted his connection, who thereafter arrived with a brown paper bag filled with 500 glassine envelopes, which he gave to the defendant. handed over $4700 to the defendant in exchange for the bags. Although Joseph The detective attempted to deal directly with the man who brought the narcotics, the man refused to give him his beeper number. Instead, he told the detective that any dealings would have to go through the defendant.

They then returned to 31 Patchen Avenue where another man and the defendant got into the confidential informant’s car. A New York Drug Possession Lawyer said the detective and the confidential informant, then followed the other man and the defendant to Crescent and Fulton Streets, and then to 2958 Atlantic Avenue, which was a radio car repair shop. Once at this location, the defendant directed the detective inside. The man then entered the shop while the defendant remained outside. The man told the detective to get the money ready. When he returned to the shop, the man dropped the five paper bags which later were determined to contain 485 glassine envelopes of heroin, to the floor. The detective knelt down to pick them up and, while still on the ground, handed up the money. The defendant, who had entered the shop, grabbed the money from the detective, counted it and handed it over to the man.

Published on: December 31, 2011

Model Police Detective Lets Down His Community and His Department with DWI Arrest

by Stephen Bilkis

A report commented on how a model police detective, a professional with a sterling arrest record and meritorious conduct record, disappointed his community and his co-workers when he was arrested for DWI last week. The detective was arrested after officers noticed his erratic driving while operating an unmarked police vehicle. Charged with drunk driving on Friday night and arrested, the detective was arraigned in Albany court on Monday, but would not comment on his case. The detective is the spokesperson for the local police department and reporters are accustomed to his detailed reports on crimes for which arrests have been made or verdicts been given by the local court.

Residents were not pleased with the conduct of one of their local heroes. Most of their responses had to do with disappointment over the hypocrisy involved in the detective’s behavior. One woman said she was disappointed that the detective had been enforcing laws he couldn’t uphold himself. Another resident commented on how telling it was that the detective refused a breathalyzer test at the time he was stopped. “That says a lot,” was all that one resident had to say about it.

The head of a local action group against drunk driving found a silver lining in the disappointing arrest made Friday night. The activist said that it was encouraging that local law enforcement was willing to arrest “one of their own” because in other counties it is not the case. She went on to say that she hoped the detective had learned his lesson in all of this, and that “He’s lucky he didn’t hit anybody.”

Published on: December 30, 2011

Who Can Sue

by Stephen Bilkis

Was a criminal attorney really necessary? A study reviews one case brought before the Supreme Court justices because a jilted wife was charged under a federal law for trying to poison her husband’s girlfriend.

The federal law in question was first written in order to implement a chemical weapons treaty. The treaty was designed against chemicals which were deadly and used during times of war. Unfortunately the federal law was written in very broad terms thus used against this scorned lover who is facing a severe penalty for trying to poison her husband’s lover, formerly her best friend.

The twist comes in the fact that the woman’s guilt or innocence is not in question. She admits to trying to poison the woman pregnant with her husband’s baby. She is questioning her sentencing under this federal law, stated a source. This questioning of a federal law has raised eyebrows on the political front. The question has arisen of whether or not someone, a regular citizen, has a right to sue over a law that was written for a different purpose. Who truly has the right to challenge the government? Her lawyer is former Bush administration solicitor Paul D. Clement and he is quoted as saying his client should not be deprived the right to challenge the government. His exact words are that she should have the ability “to challenge the constitutionality of the federal statute under which her liberty is being deprived…” and this “should not be open to question”. Even the federal government agrees that she should have the right to challenge the federal law even though they also feel she would not win the challenge.

Published on: December 29, 2011

Indictment of Arts Patron

by Stephen Bilkis

In Dallas a 68 year old real estate executive is under federal indictment for allegedly committing mail fraud. This patron of the arts is said to have defrauded his investors out of over six million dollars in conjunction with two separate projects. It has been alleged that the real estate executive made false claims and representations to investors to gain funds. However, it has been said that most of the funds were used for things unrelated to the projects. One project in New Mexico and another in Parkwood Crossing in Fort Worth are those that are involved in the alleged scam. It has not yet been declared what the funds were used for, whether other projects or personal use.

The real estate executive’s attorney finds the indictment surprising as it came the day after a settlement was agreed upon between the real estate executive and the investors. The attorney states to a reporter that the fact that the investors agreed to enter into a settlement and provide affidavits of non-prosecution seems to point toward a sentiment of favor toward the defendant. This type of agreement can be seen as unusual in this type of case. The lawsuit that was just settled out of court was not exclusive to the Parkwood Crossing or New Mexico projects though they were included in the overall settlement.

It can be argued by any expert, just as it was argued by the defendant’s lawyer that all of these properties lost value due to the worldwide recession, not because of mishandling of funds. A continuing economic recession could not have been predicted by the real estate executive, nor is real estate always a sound investment in an uncertain economy.

Published on: December 28, 2011

An ice pick murder case involves a woman

by Stephen Bilkis

A plea of guilt was given Wednesday from a Montgomery County woman in an ice pick murder case. This case included a false promise of sex, an argument over child custody and the fact the a new husband was willing to kill using an ice pick, reported a police source.

This woman may get life in prison for this murder. She lured a man to her house and as she hugged him in her front yard, the new husband came out from behind a tree and killed him. The victim was stabbed 13 times and quickly died after being stabbed in the heart and lungs, according to a report.

The idea of using an ice pick came from a friend that claims to have killed many people using one and it’s considered a clean kill without a lot of external bleeding. A very brutal and violent way to die. This killer even stabbed the victim in the back as he tried to get away, explained a policeman.

Published on: December 27, 2011

How a Drug Company Puts the Death Penalty On Hold

by Stephen Bilkis

Hospira Inc. has decided to stop producing their anesthetic that is frequently used to terminate the life of those who are faced with charges like murder meriting the death penalty. A study shares further insight, that a drug company, Hospira Inc., that is based in Lake Forest, Illinois has chosen to discontinue the production of their drug: thiopental sodium. This drug is commonly used by many states when the lethal injection becomes necessary.

This decision has thrown a permanent hitch in the justice systems process of capital punishment. Though, it might be possible to switch to a different drug, for the use of lethal injections, a switch like that requires a great deal of paper work, and approval—something that certainly wouldn’t be happening overnight. According to a report, since the drug company’s choice to halt production, many prisons have already run out of thiopental sodium, causing a delay in executions. The company planned to resume their production that was based out of their Italian plant, but a person explains, that the Italian government refused to have this Italian-made drug used in lethal injections.

However, a substitute drug has surfaced: pentobarbital. This drug was commonly used to euthanize animals in Oklahoma, but due to the shortage of thiopental sodium, the drug was approved by a US District Judge and used as to no longer further delay the execution of two Oklahoma inmates. In the early 1970’s Oklahoma was the first state to approve the use of thipental sodium in lethal injections, and perhaps they may be the state to lead the way again, promoting the use of a new drug in lethal injections that will put our nation’s capital punishment system back on track.

Published on: December 26, 2011

Shelby County DUI

by Stephen Bilkis

DUI charges have been filed against a Louisiana woman driving a commercial vehicle through the state of Kentucky last weekend, reports a person familiar with the case. The woman was stopped in Shelby County by a member of the Kentucky State Police.

According to a source, an officer with the Kentucky State Police Force reported that in the course of his routine inspection of her commercial vehicle, which was carrying hazardous materials, he found reason to believe that she was under the influence of alcohol.

The pending case against the woman, who is originally from Baton Rouge, Louisiana, was further solidified when the reporting officer uncovered an unconcealed, open bottle of alcohol in the passenger’s cabin of the car, within easy reach of the driver.

Published on: December 25, 2011

One Suspect Arrested in Monday’s Shooting; LCPD Still Seek Gun Used in Shooting

by Stephen Bilkis

One 20-year-old male suspect, of the 4800 block of Main St., was arrested for his alleged involvement in a Monday afternoon shooting in Las Cruces. One person was injured in the assault and had to hospitalized, Las Cruces police department officials reported to a source. LCPD officials have yet to arrest another suspect in the assault, though others were reportedly involved.

Authorities said they were still looking for the small caliber black revolver which was believed to have been used in the shooting. Anyone with information about the gun’s whereabouts or having information about the assault may contact the LCPD.

The suspect and several other men physically assaulted an 18-year-old victim close to 4 p.m. Monday in an abandoned dirt lot between an apartment on the 2200 block of Bex Street and the Chilito’s restaurant on S. Valley Drive, the LCPD told a reporter. Authorities didn’t disclose a reason for the assault, but said the altercation lasted several minutes before the suspect pulled a gun.