New York Criminal Lawyer Blog

Published on: December 24, 2011

Murder and DUI Suspect Had Been charged 50 Previously

by Stephen Bilkis

A man accused of killing a mother and grandmother while being high on crack cocaine had fourteen prior arrests at the time of the fatal crash, claims a police report.

The man’s drug abuse was well known to local authorities before the accident in which he struck and killed a mother and grandmother with his Chevy Tahoe. The 30-year-old man had faces charges 14 times prior to the January 6, 2011 crash.

The man has faced a variety of charges, including possession of a controlled substance and marijuana. The man was arrested several times for driving with a suspended license and with a revoked license, reports a source. In total, the man has faced 55 charges since 1999.

Published on: December 23, 2011

Father Defends Living Condition

by Stephen Bilkis

A father of three children who were removed from his home states that the conditions were all a misunderstanding, according to a reporter.

The 30-year-old man, who recently graduated from nursing school and is now seeking employment has sole custody of his three children, aged 6, 4 and 2 following a divorce from his wife. His ex-wife called police, stating that she received threatening messages from him and that he sounded drunk.

When police arrived to the man’s house to investigate, the home was found in disrepair. Authorities describe seeing rotting food, mice and mice feces and pieces of wood with nails scattered around the home. Because of the living conditions, authorities removed the children from the home and placed them with the man’s parents. The man was charged with three counts of felony neglect of a dependent and domestic violence, states a court order. He posted a $2,500 bond and was released 23 hours after being charged.

Published on: December 22, 2011

Man Sues Wife for Wrongful Death of Infant Son

by Stephen Bilkis

A man is filing a wrongful death suit against his estranged wife claiming she was directly responsible for their son’s death, states a report. The man filed the suit in January. The alleged suffocation occurred in June, 2010. The wife has been jailed since being arrested after the incident in December.

The man, who has also filed for divorce from his wife claims that his wife’s domestic violence was “intentional.”

The wife is charged with first-degree murder in the suffocation death of their 6-month-old son. Authorities state that the woman admitted to placing a plastic bag over the child’s head and then covering him with blankets. The woman has plead not guilty by reason of insanity, and her attorney’s claim she was suffering from postpartum depression at the time the incident occurred, offers an explanation. Postpartum depression is a hormonal imbalance which causes a woman who has recently given birth to act irrationally. It occurs when the hormonal levels are attempting to return to the levels prior to pregnancy and birth. In most women, it causes depression and sadness, but the symptoms abate in a few weeks. However, in the most severe cases, a mother has been known to harm of kill their children.

Published on: December 21, 2011

Tucson Shooter’s Trial To Be Moved

by Stephen Bilkis

Federal court authorities plan to move the trial of alleged Tucson gunman Jared Lee Loughner to San Diego due to the extensive publicity following the Jan. 8 shooting that killed six and critically wounded Rep. Gabrielle Giffords (D-Ariz). Among those killed was the state’s chief federal judge, John M. Roll. Rep. Giffords was holding a rally at a shopping center when the shootings took place, according to a reporter.

Larry A. Burns, a federal judge based in San Diego, has been appointed to hear the case due to Arizona judges recusing themselves from hearing the trial. It is expected that Lougher’s legal team will request the change of venue. It is anticipated that prosecutors will vehemently oppose any attempts to have the trial moved out of the state of Arizona a source stated.

If moved, the trial will most likely be moved to San Diego, first because the Burns is based there and secondly because San Diego is the closest federal district. Although change of venues for trials are not granted on a regular basis, high-profile cases are generally given special consideration. For example, the trials for Timothy J. McVeigh and Terry L. Nichols were moved from Oklahoma City to Denver due to the publicity after the Oklahoma City bombing, offers a person close to the case.

Published on: December 20, 2011

Police hunt in packs to locate impaired drivers

by Stephen Bilkis

It is fairly common for most people to instinctively hit their brakes when they see a police cruiser sitting on the side of the road, in many cases even when they are going the speed limit. People are by nature, creatures of habit, says a patrolman, and they instinctually react to situations over and over again in the same way even when such measures are uncalled for. But if your heart begins racing when you see one cop sitting lonely with his radar gun, imagine how you will feel when you drive a quarter mile and then find two more waiting for you.

Police in many states have begun to use a technique called the ‘wolf-pack’ to find DWI impaired drivers, particularly during the busy holiday season. A wolf pack involves a large number of officers deployed to the same small area to combat drunk driving by spotting offenders before they have a chance to hurt anyone, informs the authority. Police are well trained to identify the signs of DUI, driving under the influence of alcohol, but even so, there are a lot of cars on the road to watch.

The wolf pack technique puts more eyes on more drivers, and the officers communicate with each other via radio to alerts other officers of a potential impaired driver coming down the road, explains the source. This technique has proven very effective at identifying and stopping drunk drivers in their tracks. The next time you see one police officer sitting on the side of the Interstate waiting for his next traffic stop, you might want to be aware that there could be several more officers around who are watching you, as well. Of course if you aren’t breaking the law, then you won’t have anything to worry about, which is the safest and smartest way to go.

Published on: December 19, 2011

Federal program uses fingerprints to identify illegal immigrants

by Stephen Bilkis

In an effort to more easily identify illegal immigrants who have committed crimes, there is a new federal program that uses fingerprinting, using federal databases, to do so, explains a reporter. This program is being adopted by states all across America in an effort to nab illegal immigrants who have been convicted of a crime like drug possession to make it easier to process them. This program is said to be implemented across the entire U.S. by 2013.

Opponents of this program say that such measures are unnecessary, but police and law enforcement all agree that it makes the task of prosecuting illegal immigrants who have previously committed crimes much easier, reports the insider. A routine traffic stop could turn bad for any one of America’s millions of drivers, especially if they have a warrant out for their arrest and they are caught with cocaine in their possession. Why should it be any different for an illegal immigrant?

With the plethora of new laws being made to keep catch perpetrators of crimes, it can sometimes seem a little overwhelming, but law enforcement continues to insist that these new technological advances and programs are necessary to keep peace on our streets, explains the source. Of course, there are still flaws in the system and bugs to be worked out, but like everything else, this new program will take time to implement and to perfect. In the meantime, we are being urged to accept these new laws as being a step in the right direction for combating crime in all areas.

Published on: December 19, 2011

Landlord Running Over Tenant

by Stephen Bilkis

Taking the law into one’s own hands is never the best way to handle a situation. People tend to get hurt and once the actual legal system gets involved the process may become overwhelming. If you find yourself in a situation in which taking the law into your own hands has become an issue. If this landlord had simply waited to see what was going to happen, perhaps this would not have escalated into assault.

Though the case has been forwarded to prosecutors, no charges have been filled as of yet. The 73 year old owner of the duplex in which the tenant lived ran over a man he said was standing behind his vehicle and refusing to move. West Fargo police state that Cass County prosecutors may charge the vehicle driver with aggravated assault. The tenant remains hospitalized and has been unable to speak to detectives following his injuries. In fact it is likely that the hospitalized man will not be able to speak to detectives for several more days. A rep would be a good avenue to pursue for this landlord.

The landlord told reporters that he felt threatened and scared by some man standing in the road who would not move. The landlord then states he saw another person coming up behind his vehicle and the fear was magnified. This all took place around 7:15 P.M. in the 600th block of Second Avenue West while the landlord sat in his Hummer.

Published on: December 18, 2011

Disturbing reports are very common particularly domestic violence issues wherein the victims are the wives and the children.

by Stephen Bilkis

Because women are suppose to be physically weak there are some men who take advantage of this and physically abuse their partners, wives, daughters and others. Disturbing reports are very common, particularly domestic violence issues where the victims are the wives and the children.

On March 7, 1997, the defendant who is the ex-boyfriend of the victim attacked her in front of her apartment. She and her three daughters where coming home from the supermarket when the defendant attacked from behind. The victim then was wheeling the baby carriage when the attack began and her two older daughters who were 7 and 12 years old were frightened by what they saw and began to cry. The victim’s face smashed against the fence and the baby carriage was knocked over. The defendant was very angry because the victim filed a complaint against him previously and put him in jail apparently because of domestic violence.

The defendant then grabbed the victim by the back and neck and ordered her to open the door knocking her head on the door in the process. The children followed behind, the older children carrying the baby inside. Upon entering the apartment, it is very fortunate that the children know where they will go. They went straight to their bedroom and stayed there while the defendant continuously assaulted the victim. They could hear him verbally abused their mother. The defendant also beat the victim using his hands, feet and a metal pipe. The defendant’s terror lasted 10 hours. The horror that the children experienced while they were trapped inside their bedroom has left them traumatized for a long time. They were afraid for their safety and afraid for their mother’s safety as well. All along the defendant was threatening the victim that he will leave her children motherless because of what she did to him before.

Published on: December 17, 2011

In California and other states, the cost of a DUI is high

by Stephen Bilkis

Driving under the influence of alcohol DWI is not only dangerous, but if you get caught doing it, it will definitely cost you, warns a policeman. Law enforcement agencies across the nation are adopting stronger policies against drinking and driving that are aimed at curtailing impaired motorists and saving lives, and many say their message seems to be getting through.

The study reports that DUI arrests in many states have increased due to the extra enforcement on the road, particularly during peak high volume holiday seasons when drinking and driving seems to be the most prevalent. In California alone, the number of arrests for driving under the influence has increased 18 percent since the year 2001. This increase in DUI arrests can be seen as successful, in that it is keeping impaired motorists off the streets and keeping innocent drivers safe from harm.

Driving under the influence of alcohol hurts and kills many people every year. According to the authorities, in 2010 there were approximately 211,000 arrests nationwide and more than 27,000 injuries or fatalities due to drinking and driving. Along with more enforcement, stricter penalties are given to those who break the law and drive while drunk. In the state of California, a first time DUI conviction can rack up more than $12,000 in fines, penalties, legal fees and increased insurance costs. Drinking and driving, authorities insist, is never worth the cost of other people’s safety, and those who are caught doing it will face higher fines and penalties in order to drive that fact home.

Published on: December 16, 2011

Albany bar owner found not guilty of perpetuating assault on food critic

by Stephen Bilkis

After a two year legal ordeal in which an Albany bar owner was accused of initiating a vicious assault on a Times Union food critic, a verdict of not guilty has been reached, states a person close to the case. The owner of the bar had been accused of setting up the assault because he was upset with the reviews that the food critic had given his establishment earlier that year. In October 2008, two men attacked and severely beat the reporter, and the incident was immediately linked with the owner of the bar.

According to the police, it was determined that even though the owner of the bar had been heard making threats and inflammatory remarks about the food critic after having had an altercation with him, the evidence was purely circumstantial and did not prove beyond a doubt that the bar owner set up the attack. The two brothers who carried out the vicious assault both avoided jail time. One of the men avoided jail time by cooperating with authorities in the case and the other man had his case thrown out after prosecutorial mistakes in the case were made.

The victim of the assault was understandably disappointed by the not guilty verdict, claims the same person, though he maintained that he had respect for the jury and for the difficult decisions that they were required to make. In an unrelated case, the bar owner recently plead guilty to failing to pay almost $200,000 in state sales tax, which could land him in prison anyway.