Long Island

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

Pop Star’s Restraining Order Easement Not Surprising

by Stephen Bilkis

A New York City Criminal Lawyer is not overwhelmed or even shocked that a popular pop star has had his sentence lightened after such a short period of time. The famous R&B singer who at 21 years old has been sentenced to five years probation, a one year domestic violence course, and community service.

The star was originally sentenced after pleading guilty to assaulting another celebrity, his ex-girlfriend, prior to the 2009 Grammy Awards. Even with the modified sentence, he is prevented from harassing or annoying girlfriend, but can speak to her if necessary. The girlfriend’s lawyer stated to a Long Island Criminal Lawyer that she was fine with the modified order. It has not yet been determined whether the man has completed the domestic violence course or the community service; however he is still on probation for the remainder of the five year sentence. The public is not outraged, but also not looking forward to the fallout if the star and his girlfriend get back together. Most fans feel that both artists are better off apart.

The question has been raised by fans of why the star did not receive jail time or at least a harsher punishment, but sources show that girlfriend, her lawyer, and the star’s lawyer came to an agreement for the lesser punishment. The girlfriend did not push the issue of trial, maybe for fear of losing or the man receiving no punishment. Public comments also reflect the thought that though the pop star is allowed to contact his ex-girlfriend, which he simply wanted the extended freedom to be able to attend awards shows. Fans and the public in general feel this break up, whether enforced by the law or not will enhance the careers of both artists for the better.

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: January 28, 2012

Haircut Stabbing Results in Man Jailed

by Stephen Bilkis

A New York Criminal Lawyer has learned that one man who was getting a haircut has stabbed another man. While this in itself may not seem terribly out of the ordinary, the result is that one New Haven, CT, man is in the hospital and another is due in court on March 22 to answer to first-degree assault charges.

For the sake of this story, so as not to mention any names, we will refer to the man getting the haircut as man A, and the other as man B. The incident began when man A was sitting in a chair at an apartment while getting a haircut. About halfway through the haircut, man B walks into the apartment. Man A and man B had been arguing earlier and man A thought that man B had come to the apartment to harm him. Before it could truly be determined whether man B had the intentions of doing man A any harm, man A slashed man B in the back with a pair of scissors.

When police arrived at the apartment, man A was taken into custody without incident. As of this writing, the local police department has not returned calls left by a Long Island Criminal Lawyer . It has been learned however, that man A is also wanted by authorities for a second-degree failure to appear warrant that was issued for a previous arrest. No information on the victim (man B) can be learned at this time. Man A had cuts on his face and back and was being treated, but expected to recover.

Published on: January 18, 2012

Crash Casualties, One Dead and One Injured

by Stephen Bilkis

Two New England motorists were involved in an automobile accident last week, authorities revealed to a New York Criminal Lawyer. The vehicle operator was killed. There was one passenger in the car, who was injured and hospitalized. Local caregivers told authorities that the passenger was in serious condition.

Authorities explained that the incident was a one vehicle accident.The vehicle operator was found dead in the car when officers arrived. Formal announcement of his passing was announced a short time later.

Friends of the deceased organized a temporary memorial. The vehicle operator’s car had struck a service pole, which killed the driver on impact according to forensics estimates of vehicle speed. Friends of the deceased placed the memorial right next to the service pole. Visitors to the memorial commented on seeing the deceased relatives lighting candles. Memorial scenes have in recent years become very popular ways for friends and relatives to convey respects to the victim and the victims’ families.

Published on: January 16, 2012

The Lohan Family Crime Spree Continues in Tinsel Town

by Stephen Bilkis

Lindsay Lohan’s father, Michael Lohan, was apprehended and charged with 3 felony counts. Lohan was arrested at his West Hollywood home on suspicion of three different counts of domestic violence against a female living with him, according to authorities.

The arrest occurred during the same stretch of days in which his famous daughter, former child actress Lindsay was putting to rest a plea deal for her recent legal imbroglio the media has been calling “necklacegate.”

Michael Lohan had been living with his lover, Kate Major, for the past few years. While out walking in his West Hollywood neighborhood, Lohan was en route past the sheriff’s station when he was arrested.

Published on: November 19, 2011

Driver Charged with Manslaughter

by Stephen Bilkis

The driver in a two-car crash that caused the death of another driver has been arraigned on manslaughter charges. This occurred after a six-count Suffolk grand jury indictment which claimed the driver was under the influence of intoxicating substances, according to official sources.

The 53-year-old driver pleaded not guilty in Suffolk County Court, Riverhead, and was held on $500,000 bond or $250,000 in cash, by order of the presiding judge.

The driver, operating a 2002 Lincoln Navigator, swerved over the yellow divider line on Montauk Highway, near Old South Country Road in Brookhaven, on December 17, 2010.

Published on: November 19, 2011

LeBron’s Mother Arrested for Battery in Miami

by Stephen Bilkis

The mother of LeBron James, major star of the Miami Heat, was arrested on charges of assault, battery and disorderly intoxication. A contentious encounter with a valet at a Miami Beach hotel ended with the arrest.

The 43-year-old woman was arrested because she reportedly struck a valet around 5 a.m. in the morning, Miami Beach police told Long Island Criminal Attorneys.

Sources revealed, the woman requested her vehicle from the valet, who brought it to the valet ramp, where it was left running for 30 minutes as James’s mother talked to other hotel patrons. After that, the valet turned off the car and gave the keys to the valet cashier.

Published on: November 18, 2011

16-Year-Old Mother In Daytona Beach Arrested For Kidnapping Her Child

by Stephen Bilkis

A 16-year-old girl was arrested for Kidnapping in Florida after taking her baby from a foster care agency. The agency’s purpose was to place children who have been abused or neglected in foster homes.

Both mother and child had been taken to the agency located in Daytona Beach by a caseworker from Jacksonville.

The 16-year-old girl learned that she and her child were going to be separated and she sent texts to two of her friends, who came to pick her up, investigators confirmed. She then took the baby and rushed out to the car. Another caseworker contacted the mother not long after that and the baby was soon returned to the agency.

Published on: November 8, 2011

Jurors in Blagojevich Trial Not to Be Named until the Day after the Trial Ends

by Stephen Bilkis

Jurors selected in the retrial of former Illinois Governor Rod Blagojevich will not be named until the day after the trial is over to protect jurors from the onslaught of reporters who allegedly harassed jurors after the first trial. The judge presiding over the retrial said he is withholding the names of jurors because of the way the jurors in the first trial were treated just hours afterwards, reports a New York Criminal Attorney. Apparently, jurors from the first trial were followed by reporters and others in the media, harassed at home at all hours and were unable to go about their normal routines without media interference. Reporters hungry for juror reactions and their recollections from the trial say they were trying to do their jobs and that most in the media were compassionate to jurors while a few went too far.

In high profile court cases like those in New York and even Long Island, it is not unusual for the names of jurors to be withheld until the trial starts or until after the trial ends. Reporters want to know the names of the jurors sooner rather than later. Some reporters claim it is their duty to keep the public informed by learning more about what jurors were thinking and discussing in the deliberation room during a trial to determine if justice was served. Blagojevich is charged with trying to sell President Obama’s former Senate seat, fraud and other illegal activities. During his first trial, he was only convicted of one charge – lying to the FBI. The other 23 charges were dismissed by the jury, claims a reporter.

During the first trial, the jury deliberated for 14 days. Only one juror held out for a not guilty verdict. In the end, the jury was deadlocked on all by one charge and the trial was considered a mistrial. The second trial is scheduled to start on April 20th, says a NY Criminal Lawyer. Blagojevich is being charged with many of the same crimes he was charged with in the first trial. He continues to claim his innocence.