New York

Published on: February 21, 2012

Evidence Questioned in DWI Case

by Stephen Bilkis

A man was arrested for DWI (Driving While Intoxicated) by a New York State trooper while on patrol in the City of Rome. The trooper observed a Chevrolet weaving within its lane and ½ car lengths into the other lane. The weather conditions were dry at that time. As the trooper proceeded westerly onto Rabbit Road he observed no violations, but after the vehicle turned left, he observed the vehicle go over into the other lane upon curves, and went over the center line once. The vehicle then proceeded where it was stopped at the direction of the officer. The testimony did not indicate at which time the defendant entered the City of Rome. Aside from the driver, there were two other occupants in the vehicle. The trooper approached the driver, identified as being the defendant, and noticed an average odor of alcohol upon his breath. The trooper asked the defendant to produce a license and registration which he did and then grabbed a cigarette from the passenger in the back seat.

A New York Criminal Lawyer said the trooper asked the defendant to step out of the vehicle so that he could ask him questions. Upon stepping out of the vehicle, the defendant used the door for support. The trooper then asked the defendant where he had been drinking and he responded that he drank in a bar. The trooper also asked him how much had he drunk and the defendant replied that he drank only one and added that he had a couple of beers and shots. He was asked where he was coming from and replied that he went to a funeral before going to a friend’s place.

The defendant’s license identified him. The trooper then asked if he would perform certain field sobriety tests to which the defendant agreed. The trooper conducted a horizontal gaze nystagmus test and stated his background and experience in conducting such tests. A proper foundation was laid for conducting the test for field sobriety purposes. A walk and turn test was conducted but the defendant lost his balance twice by using his arms, did not walk heel-to-toe, made a wrong turn, and walked off the line. The defendant failed the one-leg-stand test by putting his leg down, and a sufficient foundation was established primarily through the cross-examination. On the finger-to-nose test the defendant missed his nose once. An alcohol sensor test was conducted to determine any consumption of alcohol and it was positive for such.

Published on: February 21, 2012

Defendant Challenges Sex Offender Rating

by Stephen Bilkis

It is common to find with any sex crimes that the offender appeals to the court of lessening the risk level category that they were assigned to in going through the treatment program for their benefit. This case of Allan Barnes, the offender,who takes issue to his being rated as a level three offender. It was clear that he never denied the physical injury he has done to his victim like scars and stitches on the victim’s lip and legs. Not to mention the memory problems she has suffered from due to the head injuries Allan inflicted too.

It was just a bit weird how he never denies this but keeps on telling the court that all these may have just been hearsay for the absence of convincing proof. It is more uncomfortable to unravel that despite his challenge on the judgment, he did not present any other version of the facts, at least his very own. A New York Criminal Lawyer said such proceedings are suggested by the court for the protection of the rest of the citizens of the community.

It is likely that a sex crime offender may reoffend again. The court does not deprive the offender to present any evidence that would not limit him in fighting for his own rights and for the greater interest of his liberty. When basing on the criminal background of the criminal, he has been an offender since his younger days charged with a burglary case. In Georgia, he was also once convicted of a drug possession way back in the early 80s. It was also interesting according to a New York child pornography lawyer who also studied this appeal that he was also once involved in a case for cruelty to animals.

Published on: February 21, 2012

Court Rules on Rape Case

by Stephen Bilkis

Sex crimes cases are the crimes that many wish would really go down in numbers these days. This is because majority of the victims of these cases are the women and the minors. This particular case is about Webster L. Chapman who was convicted of sex offenses that deal with a minor. The incidents happened last 2006 in the months of March and February. The victim involved was the cousin of the defendant who was 17 years old then. The rest of the convictions included vandalism acts in the home of Joan Osbourne who used to be the mother in law of Webster. It happened during the time when his former wife and three kids were still residing there.

According to the New York Criminal Lawyer who studied the case, there are no solid evidence presented for the convictions of rape he was accused of. The testimony of the victim did not straightly say that there were physical force dealt on her for it all started when she was just lying in bed and he started touching her in the most sensitive parts of her body. At first, the victim said that it was somehow consensual. But when the time came that she wanted to stop already, he forced himself on her still.

The victim also said to another NYC Criminal Lawyer who was part of the team that she has attempted to leave the house for a lot of times already but still returned on her own liking. She said that the accused can be way too loud and mean especially when it is under the influence of alcohol. There were also threats coming from Chapman on several occasions when she would refuse to have sex with her. If the court would just base its judgment from these testimonies, then it truly is not sufficient to win the case against the accused.

Published on: February 20, 2012

Witness Testimony Questioned in DWI Case

by Stephen Bilkis

The defendant in this case is charged with a DWI and violation of vehicle and traffic laws. A hearing was ordered by the court to determine if the blood test obtained from the defendant had led to the violation of vehicle and traffic laws.

The police officer who arrested the defendant was named the witness in the hearing. There were no witnesses for the side of the defendant. The court heard the testimony of the witness and examined the evidence presented before it.

According to a New York Criminal Lawyer, after the witness had testified, the court has found the witness to be credible since the witness is a veteran police officer. On the day of the arrest, the officer was on his usual patrol when he received a report concerning a vehicle accident. He arrived at the scene and found the two cars involved in the accident. He noted that one car had attained damages on its rear end. The other car had damages at the front. The police officer chose to approach the car with the front damage. The driver of the vehicle was the defendant in this case.

Published on: February 20, 2012

Court Rules on License Revocation Issue for DWI o

by Stephen Bilkis

A man was arrested in November 14, 2007 for driving while intoxicated and his license was revoked. As part of his conviction, his driver’s license was revoked for six months. But because this conviction was the man’s first, he was able to join a rehabilitation program offered by the Department of Motor Vehicles.

A New York Criminal Lawyer said that as part of the rehabilitation program, the man was issued a conditional license. This license imposed restrictions on him: he can only drive to and from work; he can only drive to the rehabilitation program and its related activities; he can only drive to and from school; and he can only drive between 12:00 noon and 3:00 p.m. on Saturdays.

On February 10, 2008, the man was arrested once more for driving while intoxicated. He was arrested at 1:04 p.m. He was with his girlfriend and upon his arrest he told the arresting police officer that he and his girlfriend came from a bar. He was charged for driving while intoxicated and other offenses. Under the indictment, he was charged with aggravated unlicensed operation of a motor vehicle in the first degree.

Published on: February 19, 2012

Court Decides Issue of Probable Cause for DWI Stop

by Stephen Bilkis

The defendant was charged with DWI including various traffic violations. A suppression hearing was scheduled to determine if the statements admitted for evidence were allegedly given by the defendant. The hearing will also determine if the breath test results of the defendant will be placed under suppression.

The only witness in the hearing was the police officer who arrested the defendant for driving while intoxicated. The court was tasked to make a decision regarding the motion to suppress by reviewing the facts and the precedents of the case.

According to a New York Crirminal Lawyer, the police officer who arrested the defendant is an experienced female officer who already had several DWI arrests under her belt. On the day of the arrest, the female officer was on her usual patrol when she pulled over the defendant’s car. When the officer approached the car, she asked to see the license and registration. While the defendant produced the needed documents, the officer asked the defendant if he knew why she asked him to pull over. The defendant remarked that he was driving like an asshole.

Published on: February 19, 2012

Court Decides Whether Defendant Will Attend Sex Offender Program

by Stephen Bilkis

Sex crime violators are very rampant these days according to a New York Criminal Lawyer who once gathered surveys and studies about it. The factors that led to this are way too many to mention but what is important is that there are solutions and programs provided to help even the offenders to pay for what they have done or be treated if it was found out to be some kind of mental sickness. This is the same as the case here of Gonzalo Gonzales. He was fighting for his ability to complete the specific sex offender program set for him.

Based on the facts presented, it was last April 24, 2006 when the counselors from the correction program asked him to sign a form stating that he refused to take the said treatment which means failure of acknowledging his responsibility for the crime he was accused of. According to Gonzalez, he did not sign it for he never denied that responsibility for what he has done. He was very certain of himself that he did comply with the program.

The counselor Groge Pundy is responsible for screening and interviewing the sex offender program candidates. According to him who was further interviewed by Queens Criminal Lawyer, Gonzales did not take the program while still being in New York and under the custody of the state’s correctional services. One of the main requirements for the program is that the offender must be responsible to pay what’s due for the crimes he has done. If in the screening process alone, the responsibility is denied, then this just means refusal to enter the program as well.

Published on: February 19, 2012

Defendant Contends Actions Under SORA are Unconstitutional

by Stephen Bilkis

In a lot of sex crimes these days, an expert New York Criminal Lawyer says that there are many accused who suffer from a certain kind of mental abnormalities. Such case lets the court decide that such accused undergo certain treatment like the SORA. But in this case, the alleged named as Elias McFarland. However, in this case he keeps on appealing that such program is unconstitutional and that he would fight for his right.

The court did not agree that the decision for the SORA is unconstitutional. It even scored him as a sex offender who is of high risk and falls as level 3 offender. But the defendant still continue to disagree and never stopped submitting written submissions to serve as additional support to what he is trying to prove. He contends here is no valid reason at all to have his level 3 designation to be lowered for he was certainly considered as a high risk offender which means he is of great harm to the society.

At one point, a New York Criminal Lawyer said it was questioned why the Attorney General’s office did not show up during the hearing. But as analyzed by a New York sex abuse lawyer who is well experienced, such decline to appear just meant that they are confident already of the way they assess the risk levels of such offenders. It just means that there is no need for them to even show up for all the proposition is already well settled. All the facts were all outlined well and complete sets of evidence were are presented without any chance of being argued by others.

Published on: February 19, 2012

Defendant Contends His Level Three Sex Offender Status

by Stephen Bilkis

Many New York sex crime lawyers truly emphasize the effort of every state in the country to help not just the victims of sex crimes to recover but also those who are offenders. They also go through certain programs where they can be treated of their possibly mental sickness and help them become better individuals still in the future. Such process and programs is also the means of the court to protect the rest of the people in the societies especially if the offender is of the high-risk type already. So was the case of a certain Frederic C. Carpenter Jr. who appeals to not fall under the category of a risk level three sex offender.

A New York Sex Crime Lawyer said it was in September of 2000 when he was convicted of separate accounts which happened in 1998 and also 1999. Both cases involved different victim with one being an 11-year-old relative. The second incident was with his wife who complained of sexual abuse. Carpenter was sentenced to spend 2 to 4 years in prison and also five years of what the court terms as postrelease supervision.

To further help the supervision of the offender even after his time in prison, it was the Board of Examiners of Sex Offenders who made an analysis and assessment that he falls to be a risk level three sex offender which cannot be lowered anymore, as assessed too by a New York Criminal Lawyer. His failure to accept responsibility also added to his risk level instead of helping him decrease it. The offenses made were properly analyzed since Carpenter was found guilty within two days.

Published on: February 18, 2012

Court Rules in Sex Crime Case Where Victim was a Minor

by Stephen Bilkis

Frank Grady was indicted for two counts of third degree sodomy upon a victim identified as J.P; three counts of third degree sodomy upon a victim identified as C.V.; and one count of second degree sexual abuse against a victim identified as L.G. The third degree sodomy counts were classified as E felonies and the sexual abuse count as a Class A misdemeanor. The counts were all categorized as statutory in nature due to the ages of the victims, who were 16, 14 and 13, respectively.

Mr. Grady’s criminal defense attorney filed a motion with the Albany County Court to dismiss the indictment because of insufficient evidence. According to Section 130.16 of the New York Penal code, a person cannot be convicted of consensual sodomy, attempted consensual sodomy or similar sex crimes that includes lack of consent as an element if the failure to consent stems solely from the victim’s age. In cases of sexual abuse, molestation or other sex crimes involving an underage victim, the child’s testimony must be supported by additional evidence to prove that sexual contact occurred or was attempted. Essentially, the defense argued that the victim’s testimony should not be considered sufficient on its face value to render an indictment since they were all underage when the alleged sex crimes occurred.

A New York Criminal Lawyer said that the court held that the defense’s arguments were illogical and noted that in common law, testimony offered by victims in sex offense cases was not required to be corroborated. The requirement for corroboration of victim testimony was fairly new at the time of Mr. Grady’s trial and applied to cases involving forcible or statutory sodomy.