Nassau

Published on: April 24, 2012

Court Discusses Hand Gun Licensing

by Stephen Bilkis

On 21 August 2006, petitioner applied for a premises residence handgun license. In the application, petitioner conceded that he had been arrested, and attached a copy of his plea agreement and a notarized explanation regarding the circumstances underlying the arrest.

On 20 March 2007, respondent as the Statutorily Designated Handgun Licensing Officer and as the Police Commissioner of the City of New York advised petitioner that the application had been disapproved for the following reasons: was issued a summons for disorderly conduct; was issued a traffic ticket for improper cell phone use; was arrested for speeding and driving with a suspended license; license was suspended as a result of receiving 3 speeding tickets within an 18 month period. A New York Sex Crimes Lawyer said the said circumstances cast grave doubt on the petitioner’s moral character in obeying the rules and regulations of a government agency.

Petitioner timely appealed the disapproval to the Director of the License Division but was denied. It found that petitioner’s: arrest history, history of moving violations and the history of domestic violence incidents made him an unacceptable candidate for a handgun license.

Published on: April 23, 2012

Court Decides Child Custody in Light of Domestic Violence Allegations

by Stephen Bilkis

On 4 September 1987, a man and a woman (or mother/petitioner and father) got married. Thereafter, on or about 24 July 1996, the couple divorced. A decree of divorce was entered and incorporated the terms of a separation agreement which provided that the parties were to share joint legal custody of their child, but that her primary residence was to be with the mother. A New York Sex Crimes Lawyer said the agreement also provided that the Colorado court was to retain continuing personal jurisdiction over the parties and subject matter jurisdiction over the disputes relating to the enforcement of the agreement.

On or about 18 March 1998, the mother suffered a near fatal car accident in Colorado. On or about 22 March 1998, the child left her Colorado home for a previously scheduled visit with her father, who was then residing in Queens County, in New York City. The visit was to conclude on 28 March 1998.

On March 27, however, the father filed a petition in Family Court, Queens County, seeking custody of their child.

Published on: April 22, 2012

Court Discusses Battered Woman Syndrome

by Stephen Bilkis

Domestic violence laws have changed to become more responsive to the needs of battered victims even when their behavior seems to be erratic. A New York Sex Crimes Lawyer said that victims of domestic violence do not respond in predictable ways, they do have certain patterns of behavior that are common. In 2005, the Federal Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) was signed into law. This law prevents victims of domestic violence from eviction from their homes following incidents of domestic violence. Prior to this law, it was common for property owners to evict domestic violence victims from their homes following a violent episode. It was tantamount to victimizing the battered twice.

VAWA 2005 (42 USC § 1437f[c][9][B]) states that “An incident or incidents of actual or threatened domestic violence. . .shall not be good cause for terminating the assistance, tenancy, or occupancy rights of the victim of such violence.” Section C(i) provides that “criminal activity directly relating to domestic violence. . .shall not be cause for termination. . .if the tenant. . .is the victim. . .of that domestic violence. . .” In essence, the property owner can evict the primary aggressor. A New York Sex Crimes Lawyer said the property owner may not evict the victim of domestic violence.

This law is important since many times, the victim is evicted because keeping them on the property exposes the property owner to complaints from other residents. The home is disruptive to neighbors who complain to the property owner or manager. The easy way out is to evict everyone in that home and rent to a family who does not cause a disturbance. Clearly, this is not fair to the victim. In fact, offenders will often threaten their victims to submit quietly so that the neighbors do not complain and they suffer eviction.

Published on: April 21, 2012

Court Rules on Legality of Wiretapping in Domestic Violence Case

by Stephen Bilkis

In domestic violence cases, the court is often called upon to review actions that people have taken in contradiction to the law. In New York, the wiretapping laws are clear. If one of the two people involved in the conversation on a telephone line is aware of the taping, then the tape is legal and may be presented in a court of law. If however, the tape is made by a third person with no input into the call and without the knowledge or permission of anyone involved in the conversation, then the tape is not admissible in court and is considered an illegal wiretap. A New York Sex Crimes Lawyer said the laws that control these wiretaps explicitly detail that anyone who wants to tape a conversation must obtain an order authorizing the wiretap from a Supreme Court judge.

In many domestic violence cases, one or both of the parties involved may attempt to gain information about the other to use in court. If the information is obtained without the proper judicial order, it must be reviewed to determine if one of the parties involved in the conversation gave permission for the tape. If it is proven that one of the parties in the tape gave permission for it to be made, then the court has other procedures that it must follow. A certified court recorded will make an official transcript of the conversation on the tape. In most cases, the defendant’s attorney will want to depose the people or person on the tape in order to establish the veracity. In some cases, this can become problematic for the court. This is the case if the person who gave permission for the tape is located more than 100 miles from the point of the trial. In the present case, a wife had in her possession in matrimonial issue, a tape that she contends will prove that her husband is lying. A New York Sex Crimes Lawyer said the proposed that the conversation on the tape, that took place between he and his sister detailed his deceptive practices and is therefore critical to the defense of this woman and the custody issue at stake.

The judge ruled that the tape would have to be authenticated by official contact with the sister who gave permission for the tape to be made. A Queens Sex Crimes Lawyer said then the sister officially notifies the court that she did give permission for her brother’s wife to tape her conversation with her brother, then the court will authorize a transcript of the tape. The court further states that upon acceptance of the tape as legitimate, the sister will be made convenient to the defense for a deposition.

Published on: April 20, 2012

Court Decides if Attorney Charged with Domestic Violence Should be Sanctioned

by Stephen Bilkis

In August 2005, New Jersey, respondent engaged in a physical altercation with his wife that took place in March of that year. Respondent pleaded guilty to the crime of simple assault, for which he was sentenced to one year of probation. As a result of that conviction, respondent (who is also a member of the New Jersey bar) was censured by the New Jersey Supreme Court.

A New York Sex Crimes Lawyer said that on December 2007, respondent had another instance in which he struck his wife while they were on vacation in the Caribbean.

In 2008, Virginia, respondent was involved in a domestic dispute with his wife in March of that year. The altercation culminated in respondent striking and restraining his wife, causing physical injuries to her that required medical attention. Respondent was arrested and subsequently pleaded guilty to the felony of unlawful wounding, in violation of the Virginia Code, for which he was sentenced to three years of incarceration with all but 12 months suspended, subject to certain conditions. Upon release from prison in February 2009, respondent was placed on probation until February 2011. An order of protection was also issued, which directed respondent to stay away from his wife and to make restitution to her in the amount of $2,283.43. The Virginia conviction gave rise to the instant proceeding.

Published on: April 19, 2012

Court Determines Custody in Light of Domestic Violence Allegations

by Stephen Bilkis

A New York Sex Crimes Lawyer said that the defendant-mother (hereinafter referred to as mother) and plaintiff-father (hereinafter referred to as father) were married in December 1996 and in 2003 were physically separated when the mother left the marital residence alleging abuse against her and the children.

The mother moved for an order of custody and modification of prior orders of custody entered in the Family Court, on consent. There are two (2) children of this marriage ages 14 and 9.

On 27 June 2003 the father filed a petition for custody in Family Court, Kings County.

Published on: April 18, 2012

Defendant Seeks to Annual Special Condition of His Parole

by Stephen Bilkis

A New York Sex Crimes Lawyer said a man and a woman bring a special proceeding to the court requesting to show cause and seeks to annul the special condition on the man’s’ parole from the State Division that prohibits him from living with his wife and limiting the amount of hours that he can spend with his wife.

The man was arrested for repeatedly kicking and punching an individual in the face and body together with the un-apprehended individual in a bar. The incident caused serious injuries to the victim, including two large gashes on the victim’s head. The man eventually pled guilty to assault in the second degree. The man was sentenced to two and one-half years in prison and two years of post-release supervision.

Consequently, the man appeared before the State Division. The State Division noted that the man was arrested on several occasions in another country, including two arrests for domestic violence. The man admitted to the State Division with the reason of grabbing his then girlfriend and pushing the girl into a shallow end of a pool just a few months ago. A New York Sex Crimes Lawyer said the man was convicted on charges that stemmed from both arrests. The State Division also noted that the man is a violent individual and will need to be strictly monitored upon release but recommended that he be released to parole supervision.

Published on: April 16, 2012

Sex Offender Bring Case to Court Over Being Denied Housing Assistance

by Stephen Bilkis

A man was convicted of sex crimes, including rape, sodomy and sex abuse. He was sentenced to concurrent prison terms of six to eighteen years for the rape and sodomy convictions and two to six years for the sex abuse convictions. According to the State Division of Criminal Justice Services website, he is designated as a Level 2 sex offender who is subject to lifetime registration under the State’s sex offender registration program. A New York Sex Crimes Lawyer said the man is an inmate at a Correctional Facility, where he returned for violating parole after having been previously released from prison.

By letter, the man requested that the State Housing Authority provide him with an application for housing and an application for a Section 8 certificate. In the letter, he claimed that he was disabled, homeless and currently incarcerated, but that upon his release in the near future he would be in need of housing. A New York Sex Crimes Lawyer said the State Housing Authority responded by a letter enclosed with the Guide to Applying for Public Housing, a public housing application and a Guide to Section 8 Housing Assistance. The letter stated that no Section 8 application was enclosed because The State Housing Authority was no longer accepting Section 8 Program applications since the waiting list had been closed since May 15, 2007 except to applicants that met certain emergency criteria.

The Section 8 Housing Assistance Program is a federal program administered by local public housing authorities (PHAs); the State Housing Authority administers the program. The Section 8 Program is a voucher program that makes housing more affordable to very low-income families by subsidizing private landlords, thus allowing the families to obtain housing at below market prices. The United States Department of Housing and Urban Development (HUD) provides funding for the Section 8 Program to the local PHAs. There are two categories of housing assistance in the Section 8 Program: tenant-based and project-based. In the tenant-based assistance, families choose where they want to live, and if the unit is approved by the local PHA, the PHA contracts with the owner and makes rental subsidy payments on behalf of the family. In the project-based assistance, the subsidies are paid by the PHA to assist families in specific housing developments.

Published on: February 25, 2012

Court Rules on Sex Crimes Case

by Stephen Bilkis

Sex crime related cases come in unique stories of its own according to a well versed New York sex crime lawyer who has been practicing his profession for many years now. Here we talk about the case of Mustafa Rashid who was once charged for robbery, burglary, rape and sodomy. He was sentenced to eight to 16 years but was given a supervised parole after having served 11 years inside prison. After this release, unfortunately, he got into another robbery trouble again which just made everything worse for his case.

As per the facts gathered by a New York Sex Crimes Lawyer, he was sent back to prison for the violations he made. He was then again released and yet created a crime again. This happened over and over as it is one big cycle to play. He was even sent to Rikers Island where he would spend his time in a correctional facility. In this case, another lawyer involved in the research who is a New York child pornography lawyer as well believes that Rashid falls under the category of the Mental Hygiene Law. This could not work for those who are already serving their sentence but with an exception to those whose sentences have expired like Rashid.

The court then as heard by a Nassau County Sex Crimes Lawyer took the decision to send him to a treatment facility or hospital as per the Mental Hygiene Law article 9. This involves the law that any person who is mentally ill should go through proper treatment so as to not harm the society. This is just the right thing to do especially for people like Rashid who just cannot seemingly control himself from doing such crimes that hurt others and put others’ lives at risk.

Published on: February 24, 2012

Defendant Charged with Sex Crimes Against a Minor

by Stephen Bilkis

These days, it is very hard to trust others especially when it comes to leaving our kids with people who you can truly rely on. There are many cases these days where nannies and even babysitters are accused of committing sex crimes that involve the children of their own employers according to a New York sex crime lawyer. This goes the same for this case that is considered as an example here in this report for you to understand better the legal proceedings for such cases. The one involved here as the accused is James Watt.

Watt was convicted of rape, sodomy and for putting into danger the welfare of a little child. A New York Sex Crime Lawyer said the crimes involved in his case are considered very heinous since it was committed against innocent and helpless tiny girls who are under 11 years old. These kids according to their parents were entrusted to him since he operates a basement based daycare center in the community. The problem that made everything worse according to another New York child pornography lawyer is that the daycare center was not registered.

All of the kids involved as victims gave their testimonies in detail even if it was really heinously specific in detail. The Nassau County Sex Crimes Lawyer backed this all up with formal medical evidence from experts done through proper medical examinations of the children. Many of them already showed suffering from diseases which are sexually transmitted. It was actually very sensitive to discuss but this could be a true learning experience for many and how they would be able to protect their children. The total number of crimes that was perpetrated against him includes twelve kids. This of course means that this case should be well investigated and be well prepared.