New York

Published on: May 10, 2012

Policeman Charged with Recieving a Bribe

by Stephen Bilkis

Police operated sting operations can be set up for many different reasons. Most of the time, they are set up like drag net to catch everyone that they can in a determined crime and location. However, sometimes, a sting operation can be set up in order to trap one person whose actions are so abhorrent to the public definition that to allow their conduct to continue would be a breach of justice. A New York Criminal Lawyer said that is usually the case when a public servant who has been entrusted with the well-being of the society goes astray and violates that sacred public trust.

When a police officer violates that public trust, the case is even more important to the other police officers whose names have been sullied by the dishonor that another person has placed on their positions. In August of 1994, the police in Queens County received information from an informant that a police officer was engaging in illegal activities. The police department decided to set up a sting in order to catch this criminal police officer in the act. They arranged for an officer that the criminal officer did not know to pose as a drug dealer. This undercover officer was assigned to approach the suspected officer with a deal to protect a felony shipment of drug money for the undercover officer who was posing as a drug dealer. The two officers met and surveillance officers were taping the encounter. A deal was struck for the criminal police officer to work for the drug dealer to ensure that the drug money was transported safely. The police officer was arrested and charged with a bribery for public service in the third degree, receiving reward for official misconduct in the second degree, official misconduct, and computer trespass.

The defendant appealed his conviction on the grounds that he would not have considered the offense if it had not been created and sold to him so effectively. While this allegation may sound like entrapment, it falls just short of entrapment in that the officers conducting the sting were acting on a tip from an informant. They did not simply single this officer out in an arbitrary manner to tempt him into committing a crime. The officer contends that it is exactly what they did. He claims that he was innocent of any crime until the sting operation seduced him into committing the crime.

Published on: May 1, 2012

Court Discusses Throwing Out Assault Charge

by Stephen Bilkis

A man was indicted for assault in the first degree and for criminal possession of a loaded firearm as a felony. The man was accused of having assaulted another man by aiming and discharging a loaded pistol at him, with an intent to kill the other individual. At the close of the case, the counsel of the man requested the trial court to charge the jury with respect to assault in the second and third degrees, in addition to assault in the first degree. The court denied the request as it was to charge assault in the third degree. The jury found that the man is guilty of the gun crime and of assault in the second degree.

The court agrees in affirmation as to the conviction for possession of the firearm, but opposes and votes to reverse the judgment insofar. A New York Criminal Lawyer said the judge giving the opinion that, under the circumstances of the case, the trial court committed reversible error in refusing the man’s request to charge assault in the third degree. The evidence tends to establish that the man and the victim of the assault, together with several other companions, who had been drinking in a bar for several hours prior to the incident. When the abovementioned bar closed for the night, the group proceeded across the street and commenced horsing around. The victim testified that he was pretty high at the time of the incident. The behavior engaged in were variously described as kidding around, carrying on, wrestling and grabbing each other, and rolling on the ground. There came a time when the man allegedly drew a pistol and fired it, wounding the victim. The record is barren of evidence which would tend to establish a motive or provocation for the assault. The testimony of the victim, his brother and several other companions is to the consequence that the man drew a pistol, aimed it at the victim and fired. The description of the assault by one of the companions differs materially from that of the others. One of the companions described the incident and stated that they were over there singing and cracking jokes when the man came and said a few words before the gun went off. The gun went off coming out from the man’s pocket. The witness further said that he had just seen the fire and he didn’t see the gun. Therefore, there can be no assurance for assault in the second degree because of the absent proof of the requisite intent. Although the testimony of the victim and the others, excluding one, is sufficient to support a conviction for assault in the second degree, the other companion’s testimony tends to establish that the gun went off accidentally as the man withdrew it from his pocket. The said testimony, coupled with the evidence that the group was intoxicated and the absence of evidence showing motive for the assault, would tend to negate the presence of the required intent. Under the said circumstances, the trial court should have charged the jury with respect to assault in the third degree, which requires no specific intent.

Based on records, it has been repeatedly written that if, upon any view of the facts, an offender could properly be found guilty of a lesser degree or an included crime then the trial judge must submit such lower offense. A Westchester County Criminal Lawyer does not matter how strongly the evidence points to guilt of the crime charged in the condemnation, or how unreasonable it would be, as a court may appraise the weight of the evidence, to find not guilty of that crime and convict of the less serious crime.

Published on: April 6, 2012

Family Court and Criminal Court have Concurrent Jurisdiction over Domestic Violence Charges

by Stephen Bilkis

Whenever an incident of domestic violence occurs, the courts and law enforcement officers are required to file reports and take other actions without discretion. One of the prescribed actions that is required of officers is that they must make an arrest if the domestic violence occurred in the presence of a child under the age of 18. If the child is a witness to the domestic violence, the parents are charged with either child abuse or child neglect depending on the situation. While this appears to be a good idea on paper, it can lead to long-term issues that may not be appropriate in some situations.

Sometimes, isolated incidents of domestic violence occur in situations where it will never happen again. A New York Criminal Lawyer said the concept of creating a law requiring the parents be charged for an argument in the presence of a child is wrought with problems. Usually, police and prosecutors use good judgment in cases. However, sometimes it appears that only poor judgment is present. In many cases, criminal charges of child neglect are placed on parents who do not deserve to be charged. When a victim of domestic violence is charged with child neglect, it only creates a situation where that victim may not report additional incidents of domestic violence for fear of losing their child. The court tends to recognize that the intent of the law is to protect the children in homes where violence and fighting is the norm rather than the exception. Still, cases where the incident was isolated manage to get through the cracks. When that happens, it is usually family court that notices it.

Family court handles most of the domestic violence actions, but they have concurrent jurisdiction if a criminal offense occurred during the incident. In some cases, the criminal case is charged, but later dismissed because it was not supported by facts in the court. A Suffolk Criminal Lawyer said the problem is that Family Court may have another case pending that the criminal charge affects. In one case, which occurred in Suffolk County, New York on March 26, 2010, a father requested an appeal to overturn an action of family court.

Published on: February 13, 2012

Defedant Seeks to Overturn Sex Crime Conviction

by Stephen Bilkis

Avery Maggio was charged with eight counts involving different sex crimes. According to a New York Criminal Lawyer, the charges were based on claims that he had sexually abused another child who rode the school bus with him on different occasions in 2005, 2006 and 2007. Mr. Maggio was convicted of three counts of committing a criminal sexual act in the first degree and two counts of first degree sexual abuse. He was sentenced to 15 years in prison and subsequently appealed his case to the Supreme Court of New York Appellate Division, Third Department.

The appellate court was charged with determining whether the evidence presented at trial was sufficient to warrant a conviction. Mr. Maggio’s criminal defense attorney argued that while his client admitted engaging in inappropriate sexual contact with a minor child, the evidence did not prove that he ever compelled the victim to participate through verbal or physical force. Under New York Penal Law, forcible compulsion must be considered from the victim’s perspective and weighed against their age, the size and strength of the person perpetrating the sex crimes and their relationship to the victim.

The court noted that Mr. Maggio was four years older than the victim at the time the sex offenses occurred and that the sexual contact began when the victim was only nine. The victim testified that when he was 12, Mr. Maggio had threatened him with physical harm if he did not agree to the sex acts. The victim also said that on another occasion, Mr. Maggio had forced his head down and ordered him to perform oral sex. Mr. Maggio also allegedly grabbed the victim’s testicles, arms, legs and knees on other occasions and threatened to kill both him and his mother if he did not comply.

Published on: February 7, 2012

Bombing suspect faces foreclosure, says New York Criminal Lawyer

by Stephen Bilkis

The suspect in the failed Times Square bombing is in a state of foreclosure on his home and may be losing his home in the near future.

Faisal Shahzad stopped his mortgage payments on his Connecticut home in June of 2009. This coincided with a trip he took to Pakistan. Federal authorities believe that Shahzad took the Pakistan trip at that time to visit a terrorist training camp to help him prepare for his alleged terrorist activity here in the United States.Shahzad is a suspect in the failed Times Square bombing on May 1st. He is still in Federal custody on terrorist charges for attempting to set off a car bomb in Times Square. His attempt failed. He was arrested and is being held in Federal custody while awaiting trial on charges of terrorist crimes, says a New York Criminal Lawyer.

Now, a notice of judgment has been filed in Milford Superior Court ordering Shahzad to pay his mortgage company on his Connecticut home $213,000 or lose the home to foreclosure. He must pay the money to Chase Home Finance LLC by the end of July if he is going to stop the foreclosure procedures.

Published on: February 2, 2012

More D.C. Officers Snared in Sting

by Stephen Bilkis

A New York Criminal Lawyer has learned that three additional District of Columbia police officers have been arrested as part of an Internal Affairs corruption probe. These arrests happened just one day after another D.C. police officer was arrested as part of an unrelated investigation.

The three officers were arrested at the 4th District station following their purchase of electronic equipment that is believed to be worth several hundreds of thousands of dollars. The officers believed the equipment was stolen. Although the investigation is continuing, it does not appear that the officers were working together as part of a larger conspiracy.

D.C. officials report that the arrests are part of a two-month investigation that is part of an overall 18-month initiative, which has sought to rid the police department of any officers that are either corrupt or dishonest. The officials went on to say that, many of the hardworking men and women of the D.C. Police Dept. are devastated that there were those within their ranks that brought reproach to their department.

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 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 27, 2012

8-Year Old Boy Taken Into Custody for Assault

by Stephen Bilkis

An 8-year old boy was taken into custody by police after he assaulted a school employee in Florida. After disrupting his classroom, the boy, a special-education student, left the school grounds followed by one of the school’s behavioral specialists. When the boy returned to the school, he found a pile of sticks and other objects and began throwing them at the behavioral specialist striking her at least once, reports a New York Criminal Lawyer. Other school employees intervened to calm the boy before he was arrested.

This is the boy’s fifth arrest for assault and the disruption of an educational institution. In earlier incidents, the boy threw books, broke windows, chased other students and threw chairs at teachers and other school employees. During one incident, the boy insisted that he be sent to jail. School officials are unsure as to why the boy continues to act out in a violent manner, says a New York Criminal Lawyer. Last December, The Florida Department of Children and Families was notified about possible child abuse at the boy’s home. Reports show that while the boy suffered an injury, there was not enough evidence to support child abuse was the cause.

Over the past few months, the boy’s violent tendencies have increased, according to school officials. The boy was arrested in November and December for assault. The boy has since been arrested three more times. Charges ranging from assaulting students and teachers to destroying public property have been filed. In addition to throwing books and chairs in the classroom, the boy has also damaged computer equipment. Whether or not the boy is acting out due to abuse at home is unknown at this point.

Published on: January 24, 2012

A divisive case of child abuse and parental rights launches to the Supreme Court

by Stephen Bilkis

A question of individual rights regarding a child who was rumored to have been allegedly sexually abused by her father has caused great controversy in the courts and between different interest groups

In 2003 in the state of Oregon, a nine-year-old girl was suddenly removed from her public school classroom by a child protection investigator who was accompanied by a deputy sheriff. Operating under presumed intelligence that the young girl had been sexually abused by her father, the two men interrogated her for a period of approximately two hours and sought confirmation that she had in fact been sexually abused. A New York Criminal Lawyer reports that allegedly, the young girl finally confirmed their suspicions; however, at a later date she confessed that she had only given the two men an affirmation because she was afraid and wanted to escape the interrogation.

The father of the girl was arrested, but later released when charges were dropped in regards to this specific case. However, it seems that the father agreed to a plea deal that involved a different charge of sexually assaulting a minor. In response to the interrogation by the deputy and child protection investigator, the family of the young lady filed a lawsuit, which was heard in the 9th U.S. Circuit Court of Appeals, located in San Francisco. A Bronx Criminal Lawyer notes that the case eventually made it to the Supreme Court, following an appeal by the state of Oregon.