Nassau

Published on: April 16, 2012

Court Determines if Drug Charges will Effect Immigration Status for Defendant

by Stephen Bilkis

On 22 November 2006, defendant stood accused, by felony complaint filed, of criminal possession of marijuana in the first degree, a class C felony (drug crime); on account of an incident that occurred on 21 November 2006. At his 22 November 2006 arraignment, the court conditionally released defendant, to the supervision of the Department of Probation, and adjourned the case to Part 9, which thereafter transferred the case to County Court. On 25 January 2007, the case was returned to Part 9 of the herein court, and adjourned to 20 March 2007. On 20 March 2007, the court revoked defendant’s conditional release status, evidently because of his failure to participate in therapy as directed by the Department of Probation, and because of his arrest on 18 February 2007 for assault in the third degree. The court fixed bail at $25,000 bond, $15,000 cash and adjourned the case for three days, to 23 March 2007, for disposition. Defendant did not post bail.

A New York Drug Crime Lawyer said according to the transcript of a joint plea proceeding conducted on 23 March 2007, another individual was arrested with defendant, also for felony possession of marijuana on account of the incident on 21 November 2006, and both defendant and the other individual were represented from the outset by a lawyer. During the course of the single plea proceeding conducted on 23 March 2007, the court converted the felony complaint pending against defendant, and the felony complaint pending against the other individual, to accuse each of misdemeanor possession of marijuana. No supporting deposition demonstrating that scientific tests were performed on the substance forming the basis of the prosecution is annexed to the converted document, designated as a misdemeanor complaint, has been filed against defendant. Moreover, by the factual part of the document, the complainant attests only that defendant “possessed” more than 10 pounds of a “greenish brown leafy substance believed to be marijuana,” and that “the arresting detective who recovered the evidence believes the substance to be marijuana based on his years of training as a police officer and detective, its appearance, color, odor and texture and its packaging which is commonly used by drug dealers. But while the other individual pleaded guilty to the lesser charge of disorderly conduct, defendant pleaded guilty to violating the Penal Law of possessing more than two ounces of marijuana, the crime of which he then stood accused. The court sentenced each to a conditional discharge and the maximum fine permissible for the offense to which each pleaded guilty.

Neither defendant nor the other individual waived the right to be prosecuted by information when arraigned on the converted accusatory instruments immediately before entering their pleas of guilty. A New York Drug Possession Lawyer said during the course of the joint plea allocution, the court asked defendant and the other individual if they consented to one attorney representing both of them. Each answered “yes.” The court then asked if there is no conflict of interest in any way. Each responded “no.” When both were asked if they had discussed the case with their attorney before pleading guilty, each answered “yes”. Following questioning about educational background and mental status, defendant stated he has a fifth grade education; the other completed high school. The court asked defendant if he understood that he was pleading guilty to a crime, that he would have a criminal record, and that the crime is punishable by up to a year in jail, a fine, or a combination of both, and the defendant responded “yes.” Defendant also answered “yes” when the court asked if he understood that, by pleading guilty, he was also waiving his right to a trial and his right to appeal. Oddly, when the court asked “do you wish to plead guilty to a crime,” defendant and the other individual each answered “yes.” Ultimately, defendant admitted that on 21 November 2006, he possessed marijuana, the weight of which was not specified. A Nassau County Drug Possession Lawyer said the other individual admitted that he behaved in a disorderly manner on that date. As noted, the court sentenced each to a conditional discharge and a fine. Other than noting his appearance, joining in the People’s application to reduce the charge, waiving a reading of the new charge, and, at the conclusion of the proceeding, addressing defendant’s bail status, defendant’s counsel (for the plea) stated nothing on the record. Included in the court file is a certificate of relief from civil disabilities, based on an application defendant made on 6 November 2008, by which he specifically sought a certificate that will relieve him from any bars that would prevent him from traveling.

Published on: April 15, 2012

Defendant Argues that Search of Vehicle was Illegal

by Stephen Bilkis

Whenever evidence of a crime is discovered by police during an inventory search of a person’s vehicle, it is subject to scrutiny. Inventory searches are administrative searches. That means that the police department or agency maintains documents in their standard operating procedures manual that indicates that an inventory of an arrested person’s vehicle will be performed incident to that arrest. A New York Drug Crime Lawyer said the reason for inventory searches is that people often make allegations that items are missing from their vehicles. The inventory of the person’s vehicle incident to their arrest is to determine what exactly is in the vehicle. Anything that appears to be valuable needs to be removed and placed into evidence or property so that the person can re-claim their valuables upon getting out of jail. The police department is protected from allegations of theft, and all valuables are protected for the individual.

However, in many cases, illegal items, narcotics, open alcoholic beverage container, stolen credit cards, and other items are located during the inventory of a vehicle. It is at that point that the officer must be able to prove that the search was an administrative search and not a search for contraband. That is why it is important for police officers to have their procedures documented.

In a case that was decided before the Supreme Court of New York County on November 18, 2009, a defendant who was charged with one count of Criminal Possession of a Weapon in the second degree and with driving under the influence of alcohol. A New York Drug Possession Lawyer said he man was arrested following a traffic stop. The officer stated that he observed a Lexus pulled up to a fire hydrant. There was a white male behind the wheel of the car. When the officer pulled up, the man got out of the car and approached the officer. The officer stated that the man’s eyes were glassy and bloodshot, he exuded a strong odor of an alcoholic beverage from about his person, and he was unsteady on his feet.

Published on: February 23, 2012

Court Decides Two Similar DWI Cases

by Stephen Bilkis

These are two separate cases which were decided by the Supreme Court jointly as the issues are similar.

A New York Drug Crime Lawyer said that in the first case, a male employee of a manufacturing corporation stopped by a summer picnic on June 12, 1980 at Powder Mill Park in Rochester, New York. The summer picnic was organized by an employees’ social and athletic association whose members were all employees of the manufacturing corporation. The association had two annual social functions: the Christmas party and the summer picnic. The association collects $1 in monthly dues from its members and charges $5 for a ticket to the party. Food was freely available as was beer.

The male employee drank 6 or 8 cans of beer from the open bar. He left at around 10:30 p.m. and drove to a tavern and met up with friends. He continued drinking there until 2:00 a.m. At or around 2:30 a.m. he was driving home on the interstate 490 and when he got on the exit ramp, he figured in a head-on collision with a car driven by another. The male employee pleaded guilty to the misdemeanor charge of driving while intoxicated.

Published on: February 22, 2012

Defendant Questions Evidence in DWI Case

by Stephen Bilkis

A New York Drug Crime Lawyer said that a police officer from New York City was almost struck by a truck while he was inside his vehicle patrolling the streets just before midnight. The officer testified that the truck went backward into the junction from on-street parking space without its rear lights illuminated. He also simultaneously sounded his horn and put his vehicle in reverse to avoid a collision. The truck then pulled forward, returning to its parking space. When the officer parked his vehicle and approached the truck, he saw that the man was seated in the driver’s seat with the engine running. The officer asked the man where he was going and responded that he was heading home. After the officer obtained his license and registration information, the man turned off the engine and went out of the truck. Noticing a strong odor of alcohol, the officer asked whether the man had been drinking. The man acknowledged that he had consumed few beers at a bar on the adjacent corner.

Subsequently, the man’s father came out from the bar and began yelling at the officer. The man handed his father set of keys and the father returned to the bar after being directed by the officer to stand back from the area. A New York Drug Possession Lawyer said field sobriety tests were administered in which the man failed, and was placed under arrest. Based on the record, field sobriety tests are evaluations done by law enforcement officers in making roadside assessment as to whether a motorist is under the influence of alcohol or drugs. At the trial, the man stipulated to the propriety, reliability and admissibility of the succeeding breathalyzer test which revealed that his blood alcohol content was 0.15%.

In contrast to the officer’s version of the events, the man claimed that he left the bar to lock the truck and did not operate the vehicle at that time. He also offered the testimony of family members and friends and asserted that they were drinking with him in the bar when he announced that he was going outside to lock his truck. A Nassau County Drug Possession Lawyer said they claimed that the man intended to return to the bar and was planning to spend the night at a friend’s house which was within walking distance. The witnesses acknowledged that they didn’t see what happened outside after he departed from the bar. Hence, the bottom of the defense was that since the man left his keys on the bar, he was unable to operate his truck. Only one witness, his brother-in-law, was able to identify the keys as those to the ignition of the truck.

Published on: February 21, 2012

Court Rules on Drug Possession Charges

by Stephen Bilkis

Several police officers were charged with various crimes arising out of their conduct in connection with their search for a lost police radio. According to a New York Drug Crime Lawyer, the records of the case, the police officers went to two apartments to pursue a lead regarding the radio. The radio had been lost during an arrest related to a drug crime in the area several days earlier. The records said the police officers pushed their way into two apartments, ransacking both, and unlawfully detained the individuals encountered within the apartments. In searching the second apartment, the police officers discovered vials of crack coccaine and threatened the occupants therein that they would be charged with coccaine possession if the radio were not promptly returned. The police officers allegedly told the apartment occupants that they would “forget” about the drugs if the radio was returned. Administrative proceedings were then commenced against the police officers by conducting hearings.

Following a jury trial, each police officer was found guilty of unlawful imprisonment, coercion, criminal trespass, and official misconduct. Two of the officers were also convicted of falsifying business records. Prior to sentencing, the police officers moved to set aside the verdict alleging improper use of their statements in connection with the indictment and trial.

A New York Drug Possession Lawyer said that among the numerous issues raised on appeal, the police officers challenged the sufficiency of the trial evidence, the cour’ts charge on unlayful imprisonment, alleged inconsistencies in jury verdict and the court’s restriction on cross-examination of certain witnesses. Each of the police officers gave similar statements essentially denying any wrongdoing. The policemen testified in court that they saw one of the occupants of the apartment in the alley and he dropped the cocaine when he saw the police officers. One of the policemen said he has arrested the same person for marijuana possession prior to the incident.

Published on: February 20, 2012

Bartender Held Liable in DWI Case

by Stephen Bilkis

Two couples went out on a group dinner date on February 2, 1960. According to a New York Drug Crime Lawyer, after dinner, they drove to a restaurant on Staten Island at around 9:00 p.m. In between the dance numbers, the two couples drank. One lady passed out from having taken too much alcohol. Her date steadily drank double bourbons straight. Her date became drunk and noisy. He fell to the floor and some bystanders told the bartender not to give the obviously drunk man anymore to drink.

The bartender kept giving the man more double bourbons reasoning that the man was just enjoying himself. Later, at 1:00 p.m., the two couples left the restaurant. The lady who passed out was asleep in the passenger seat in front. Her date, the man who passed out after imbibing several double bourbons insisted on driving.

When the car had travelled about nine miles from the restaurant, the lady’s date who was driving while intoxicated lost control of the car which veered off the road and crashed into a building. A New York Drug Possession Lawyer said the driver was killed and his date who was sleeping in the front seat was seriously injured.

Published on: February 19, 2012

Drug Possession Defendant Seeks Parole

by Stephen Bilkis

According to a New York Drug Crime Lawyer, a 59-year old man is currently serving an aggregate prison term of 21-1/2 years to life arising out of his 1982 convictions for various drug crimes, including marijuana possession, and attempted escape from prison. The prisoner challenged the denial of his application for parole before the Board of Parole. .

The court held that record demonstrates that the Board appropriately considered the statutory factors, including the seriousness of the prisoner’s crimes, his prior criminal history, positive program achievements while incarcerated and post-release plans.

While the dissent minimized the seriousness of the prisoner’s offenses, describing them as neither violent nor accompanied by a history of violent crimes, the record before the Board showed that the prisoner petitioner had been a drug dealer for 10 years and that his activities escalated to high-level cocaine trafficking that did, in fact, directly lead to the violent death of one police officer and the grievous wounding of another at the hands of his co-defendant brother. The court said that, contrary to the dissent’s view, the Board could reach its conclusion after weighing the prisoner’s accomplishments in prison against the level of violence associated with the drug trafficking and the drug crimes of which he was convicted without improperly considering matters outside the record

Published on: February 18, 2012

Court Decides Drug Case

by Stephen Bilkis

Two adult men appealed from judgments of a state court convicting them after a joint trial of the drug crimes of sale of a dangerous drug and marijuana possession and sentencing each of them to seven years imprisonment.

According to a New York Drug Crime Lawyer, one of the accused argued on appeal that the court had previously accepted a plea of guilty to the lesser crime of attempted criminal possession of a dangerous drug, a Class E felony, to cover the entire indictment; that thereafter, the court unilaterally set aside that plea and directed a trial upon which the defendants were convicted of the Class C felony for which they were indicted and for which they have now been sentenced. In essence, they assert a claim of double jeopardy.

Sources, however, showed that during the joint trial the accused applied to withdraw his plea of guilty and the court granted that application, and this was the understanding of all at the time. A New York Drug Possession Lawyer said it is apparent that the court thought that the defendant was moving to withdraw his plea and not that the court was acting unilaterally.

Published on: February 15, 2012

Court Rules on Drug Crime Charges

by Stephen Bilkis

On April 20, 2007, an undercover police officer in a bar in Westhampton Beach in Suffolk County observed a suspect hand a knotted clear plastic bag containing a white powdery substance to another person and in return he was given cash money. They then separated and left the bar. Since the officer had witnessed the sale of the suspected narcotic, he had other officers stop the truck of the buyer and they recovered the drugs which proved under testing to be cocaine. The buyer was arrested for cocaine possession, according to a New York Drug Crime Lawyer.

The buyer then agreed to testify against the seller. Around two hours later, the seller was arrested. At the time of his arrest, he was not in possession of cocaine or any other drugs. The seller was arrested and charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. In return for his testimony against the seller, the buyer’s criminal charges were dismissed.

Prior to court, the prosecutor asked the judge if he could get permission to ask the buyer on the stand in court if he had purchased drugs from that seller in the past. He argued that since he had been a regular customer of the seller that it would clear up any questions as to the “absence of mistake.” In other words, it would ensure that the defense could not say that the buyer was mistaken about the identity of the person who had sold him the drugs, explained a Queens Drug Possession Lawyer. If the buyer knew the seller, there is no “absence of mistake.” The defense counsel opposed the motion. He claimed that the seller was not going to claim that the buyer had made a mistake about naming him, but that the buyer was simply lying and that he had never sold the man drugs in the first place.

Published on: November 20, 2011

Mars/Hilton Prosecutor Busted Buying Crack

by Stephen Bilkis

What goes around comes around. A distinguished public official in Las Vegas Nevada, known for his glamorous prosecution of celebrities for drug violations, certainly found out first hand following his recent arrest for buying crack cocaine.

A source familiar with the high profile attorney’s legal record said the special prosecutor prosecuted Paris Hilton following her cocaine arrest a year ago. The special prosecutor was the attorney of record in the prosecution of rising star Bruno Mars on drug possession charges.

Authorities said that the special prosecutor was being investigated on allegations that he regularly bought $40 worth of coke every week from a street dealer. His arrest came as a result of being seen buying the drug on the street. The special prosecutor’s BMW was idling on a Las Vegas street where law enforcement observed a possible drug buy taking place. The arrest report said that the special prosecutor picked up an African American male at one apartment building and dropped him off at another building. Then the special prosecutor allegedly drove around before returning to the same drop off site and picked up the same man. When authorities pulled the black BMW over the suspected drug dealer fled from the passenger side of the vehicle. One officer gave chase and apprehended the suspect, a resident of Las Vegas.