New York City

Published on: May 4, 2012

Court Hears Shoplifting Case

by Stephen Bilkis

The appellants of the case are Tynesha M. Rivers, Nikina D. Cunningham, and Stacy L. Rivers representing herself and as the parent/custodian of minor Tevon J. Elmore. The appellees in the case are James Donohoe, Linda Love, and a Florida Corporation, Dillards Department Store, Inc.

Case Background

A New York Criminal Lawyer said that on the 20th of August in 1994, Tynesha Rivers, Nikina Cunningham, Stacy Rivers and her son Tevon all went to Dillards Department store to shop. Stacy and her son went to the upstairs part of the store and Tynesha and Nikina went to shop for shoes in the shoe department. The girls were waiting for a salesperson to bring them a pair of shoes to try on when they were approached by officer Donohoe, a security guard for the store. Officer Donohoe asked them for their identification, but did not tell them why he wanted it. The two girls gave him their identification and he took it and walked away. Tynesha continued shopping and paid for a pair of shoes.

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: March 6, 2012

Court Decides Use of Breathalyzer Under Business Records Exception

by Stephen Bilkis

Initially, the court held that records reflecting the calibration of breath test machine and analysis of breath test simulator solution used in DWI cases were non-testimonial hearsay and admissible over confrontation clause objection under business records exception. The certifications to be submitted for the calibration or maintenance of the breath test instrument and the analysis of the Breath Alcohol simulator solution used in the breath test instrument are either testimonial or non-testimonial in nature. When proven to be testimonial then the complainant must bring in the analyst. If it is non-testimonial, the complainant may lay the basis for introduction of the records.

Testimonial statements are material such as affidavits, custodial examinations, extrajudicial statements, depositions, prior confession, prior testimony that the accused was unable to cross-examine, similar pretrial statements, formalized testimonial materials and statements that were made under circumstances that the complainant would reasonably expect to be used in the later trial.

A New York Criminal Lawyer said the Supreme Court deliberately left for another day any effort to spell out a comprehensive definition of testimonial. The Court does say that when a non-testimonial hearsay is at issue, it is wholly consistent with the design to afford the states flexibility in their development of hearsay law. The Supreme Court’s analysis of testimony excludes some hearsay exceptions, such as business and official records. To hold otherwise would require numerous additional witnesses without any apparent gains in the truth-seeking process. After all, cross-examination is a tool to flesh out the truth, not an empty procedure.

Published on: March 6, 2012

Defedant Contends Illegal Stop in DWI Case

by Stephen Bilkis

A police officer and his partner were on routine patrol at one of the intersections in Queens County. The officers noticed the woman driving a grey Cadillac passed through a steady red light. The other officer pulled the vehicle over and as he approached, the woman rolled down her window. As the officer requested the woman’s license and registration, he noticed that she had bloodshot, watery eyes, and also detected the strong smell of alcohol on the woman’s breath. The officer further observed that the woman seemed disoriented and unaware of her surroundings. The officer requested the woman to step out of the vehicle, at which he also noticed that the woman was unsteady on her feet. The officer placed the woman under arrest. As the officer was escorting the woman to the squad car, she became very loud and argumentative towards the officer.

According to a New York Criminal Lawyer, the woman was brought to the Precinct Intoxicated Drivers Testing Unit (I.D.T.U.) for the purposes of performing chemical testing. The woman was immediately brought to the basement of the precinct where the breathalyzer testing is performed. Present at the testing site were the arresting officer, his partner and two other officers of the precinct. At no time were Miranda warnings given to the woman by the arresting officer.

The officer of the precinct confirmed that he was the officer responsible for administering the breathalyzer test to the woman. The officer also alleged that he has six years of experience with the I.D.T.U., and has conducted six hundred of such tests at a rate of approximately thirty per month.

Published on: February 21, 2012

Court Rules in Husband and Wife DWI Case

by Stephen Bilkis

This legal action is filed against a restaurant by a husband who seeks to recover damages for injuries he sustained in a vehicular accident. His wife was driving while intoxicated and lost control of the vehicle. He claimed that the restaurant violated a general obligation law because his wife’s intoxication resulted from the restaurant’s serving the alcoholic drink, according to a New York Criminal Lawyer.

The restaurant move for a legal action to terminate the complaint filed to them on the ground that the husband purchased the alcoholic beverages for his wife and thus has no cause of action against them based on a violation of the general obligation law. In support of their action, the restaurant relied on the statement and testimony of the couple.

According to a New York Criminal Lawyer, at around 10 to 10:30 p.m., the couple consumed a bottle of beer from another restaurant then went home. Afterwards, the couple then went to the restaurant which they summoned. The couple arrived at approximately 11:00 p.m. The husband bought beers for his wife and they both drank at least four to five bottles of it. They left the said restaurant at about 1:30 a.m. and the wife was the one driving the vehicle. As they were proceeding north, the car went out of control, crossed over to the opposite bound lane and jumped on a guard rail. The husband sustained serious injuries in the accident.

Published on: February 21, 2012

Court Rules on Sex Crimes Case

by Stephen Bilkis

Whether or not the sex crime committed is way too harsh or not, it is important to handle it well especially with the help of an expert legal counsel. It is a fact that our modern society today is filled with a lot of sex crime offenders not just due to personal deficiencies but also triggered by the advance media especially with the onset of online technology. This particular case that was tackled by a New York rape lawyer can be very educational especially when you find it too difficult to understand such crimes committed.

The case involves a Mark S. as the appellant whose case was related to the Mental Hygiene Law article 10 by the court which handled it. He is considered to be a very dangerous sex offender that he was sent to a treatment facility for further observation. To add more, Mark also was convicted already in the past with two rape cases that involved him implementing force in touching three victims, all females. He was only 23 when he was charged rape right on the third degree already. According to a New York sex with minor defense lawyer, he was also guilty of endangering the life of a child for having sexual encounter with a minor female who was only 17 years old then or even younger than that.

The New York Criminal Lawyer who once helped in the case by gathering facts, the victim herself said that she consented on having a relationship with the accused. But things turned out differently when she was always forced to have sex with him even when there are times it was totally against her will. Of course, Mark pushed on the legalities of their relationship but the lawyers defended that it was still illegal. He also said that he has the knowledge she was 17 but not anymore younger than that.In another scenario, same accused was charged of touching an 18-year-old employee by force as he simply gabbed her most sensitive parts.

Published on: February 15, 2012

Court Rules on Sex Crimes Case

by Stephen Bilkis

In September 2000, Darrin Higgens was accused of sexually abusing his 16-year-old daughter and having sex with one of her 15-year-old friends. Police arrested Mr. Higgens and after reading him his Miranda rights, he signed a written statement attesting to the fact that he may have had sex with his daughter while drunk. A New York Sex Crimes Lawyer reported that he was subsequently charged with 120 separate crimes, including multiple first degree sodomy charges, first degree rape charges and endangering the welfare of a child.

At the conclusion of Mr. Higgens’ trial, 88 of the 120 counts were submitted to the jury. He was convicted of two counts of third degree rape, incest, seven counts of endangering the welfare of a child and two counts of third degree sodomy. His criminal defense attorney filed a motion to set aside the verdict, which was denied. Mr. Higgens was sentenced to an aggregate term of 5 1/3 to 16 years. He subsequently appealed his conviction to the New York State Supreme Court Appellate Division.

Mr. Higgens’ defense attorney argued that he was denied the right to confront his accuser and that counseling records indicated that the victim was disruptive and troubled. The defense also claimed that at the time the victim testified, she was taking medication which would lead her to appear more credible. The trial court refused to admit these records into evidence, arguing that the victim’s mental status was not at issue. The appellate court agreed with this decision.

Published on: February 14, 2012

Court Rules on Statute of Limitations Issue in Rape Case

by Stephen Bilkis

Rape cases are very sensitive and contain intricate in details. It requires a lot of evidence and consistency in the chain of events involved in the case. This goes the same for this case against Santos Quinto who was accused of raping a 19 year old who eventually got pregnant. The victim said that she first had sex with her full consent with her high school classmate in November 8, 2002. But after five years, when she was 19 years old already, she filed another police report that her step grandfather who is the accused mentioned was the one who raped her.

She explained to a New York Criminal Lawyer that it happened three times way back in 2002 but the problem arises with her decision to have not reported it when the crime was still fresh then. Even if this delay was questioned, such extension is still permitted in some circumstances especially for some sex crimes that are made to innocent children. A medical report that the victim went through revealed that she was pregnant.

According to the police and Suffolk County Criminal Lawyer who questioned her, her first statement stated that she had sex with her classmate and that she just said she was raped because she was afraid that her parents might get angry. At that time, the case came to a close. But by 2007, when she turned 19, she reported that it was her stepgrandfather who raped her for three consecutive times on different dates within the year of 2002. She recalled the story that it happened when she used to live with her grandma and cousins. She was abused three times inside of their own home.

Published on: October 25, 2011

ICE Agents Arrest Man for Aggravated Sexual Abuse

by Stephen Bilkis

Immigration and Customs Enforcement agents (ICE) arrested a man for intending to engage in sexual acts with two young girls. ICE agents posed as a mother willing to sell her two young girls, ages 5 and 8 to the man, states a New York Criminal Lawyer. The man, who was from Athens, Greece, was arrested by ICE agents after landing in the Denver airport. Since his arrest, he has pleaded not guilty to charges ranging from engaging in illicit conduct to aggravated sexual abuse.

ICE agents stage these kinds of operations all the time to catch sexual predators both online and off. As part of the Department of Homeland Security, ICE not only monitors immigration and customs stations in airports, the agency also works tirelessly to stop the illegal trafficking of children and child pornography. A program called “Operation Predator” was created to catch traffickers before children are harmed. Agents pose as parents, relatives or people involved in “sex tourism” to earn the trust of those interested in purchasing children. “Operation Predator” is a world-wide effort to stop sex trafficking.

Those found guilty of sex trafficking, distributing or purchasing child pornography may face up to 10 years in prison, even if this is their first offense. ICE has partnered with other law enforcement agencies throughout the world to stop the distribution of child pornography. Countries such as New Zealand, Italy, the United Kingdom and Australia have task forces in place to catch these types of criminals.

Published on: October 2, 2011

Man sues after being jailed without a lawyer or getting a court hearing

by Stephen Bilkis

A Dallas man is suing the county, the sheriff, and the district attorney after he spent 13 months in jail without access to a lawyer or a court hearing.

The 22-year-old man had been pulled over for a traffic stop. He wished to hide the arrest warrant for violating his parole on a drug charge against him so he used his cousin’s name. He thought the 25-year-old husband and father had a clean record. However, that was not the case; a New York Criminal Lawyer was told.

The cousin also had an arrest warrant with charges of fondling a young relative. The 22-year-old man was arrested, booked, and put into jail.