The Elliot Schlissel New York Law Blog

Judge John T. Hecht recently dismissed prostitution charges against a sixteen year old girl who was accused of hustling. Judge Hecht sits in the Criminal Court in Kings County. He has adopted the point of view young prostitutes are simply sexually exploited children. He stated with regard to the case of People vs. Samantha R, 2011kno 9255, “the criminal justice system is not always the best venue for addressing societal problems.”

In this case Samanthar R was arrested after she solicited males for prostitution. She was initially charged with loitering for the purpose of prostitution. This is a noncriminal violation punishable only up to 15 days in jail.

Safe Harbor for Exploited Children’s Act

Judge Hecht, in his decision, stated the legislature in 2008 enacted the “Safe Habor For Exploited Children Act.” Judge Hecht interpretted this statute to mean sixteen and seventeen year olds who are charged with prostitution should be referred to the Family Court and not prosecuted criminally. Judge Hecht further stated “if she is incapable of consenting to intercourse, the incapacity does not change because she agrees to except money.” Judge Hecht’s position is that the Safe Harbor Act precludes prosecution for prostitution of cases such as the one involving Samantha R.

Criminal Defense Lawyers

Should you be charged with a crime, you need the best possible legal representation. The criminal defense lawyers at the Law Office of Elliot Schlissel have been representing New Yorkers and Long Islanders for more than thirty years. We have experience in handling cases involving white collar crimes, violent crimes, computer and internet crimes, drug offenses, driving while intoxicated (DWI), weapons possesssion charges, juvenile cases, assault and battery, and all other felonies and misdemeanors. Call us for a free consultation. Our phones are monitored 24/7. We can also help you arrange for bail and in some situations expunge matters from your record.

Susan Powell has been missing since 2009. She had two children, ages 4 and 6. The children had been staying with her husband, Josh Powell during her absence. Recently the Washington State Children’s Administration removed the children from Mr. Powell’s home. It seems that Josh Powell was also living with his father Steve. Steve has been charged with possession of child pornography and voyeurism. This has caused the children to be removed from Josh’s custody and placed in the custody of his wife’s parents. This action was taken by the Washington State Children’s Administration, even though Steve advised them “I have nothing to do with any kind of illegal pornography.” Josh claimed that he’s a loving father and good to his children. He alleged his children were not at risk and they had not been exposed to any type of inappropriate material such as pornography.

Steven Powell Charged With Crimes

Steven Powell has been jailed on 14 charges of voyeurism and pornography possession. His bail has been set at $200,000.00.

Child Custody and Pornography

If you have custody of your children it is important to make sure that the other individuals residing in your household are not engaged in activities that may create a dangerous or inappropriate environment for your children. Children need to be protected and individuals involved with child pornography are considered to be very poor role models and guardians.

Father’s Rights Lawyers

Father’s rights are protected by the lawyers at our law office. For 30 years we have been assisting fathers in matrimonial and family law matters and family court proceedings. We represent fathers involved in divorce proceedings, orders of protection, child custody, child visitation matters, changes in child custody, child support matters, spousal maintenance, child abuse and child neglect proceedings. In addition, we help our clients to reduce child support payments, we defend the in paternity actions and deal with parental alienation situations. We also negotiate prenuptial agreements and postnuptial agreements for our clients. In amicable situations we negotiate separation agreements and participate in arbitration and mediation of marital issues. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802. Our phones are monitored 24/7.

On March 23, 2000, Jerry Amaro, age 36, was beaten to death by officers of the Oakland Police Department during a drug arrest sting. Recently, his family settled their case against the City of Oakland for $1.7 million dollars. The cause of his death on October 21, 2000, was pneumonia, which resulted from multiple rib fractures and a collapsed lung, which he received during the beating.

Amaro spent five days in jail. During his incarceration, he requested medical assistance. His requests were initially ignored, but he eventually saw a doctor for his injuries.

Investigation Finds Amaro Was Severely Beaten

After Amaro’s death, an investigation was conducted with regard to the incident.  Investigators found that Amaro was “severely injured during his arrest”. The investigation also found five police officers had used “some form of physical force” on Amaro without a valid reason for this use of force or mentioning this use of force in their police report.

The 1.7 million dollars received by Amaro’s family is insufficient for the loss of his life, given the especially heinous treatment he received.

Personal Injury Lawyers

The Law Office of Elliot Schlissel represents New Yorkers with regard to all types of injury cases. Car accidents, truck accidents and slip and fall cases are routinely handled by our office. We can also help you obtain compensation for injuries received as a result of premises liability, construction accidents and wrongful death cases. In addition, our office has handed cases involving dog bites from vicious dogs. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

If you seek a non-confrontational approach to ending your marital relationship, mediation may be the route for you to take. Mediation is a type of Alternative Dispute Resolution (ADR), which can be a very cost-effective and efficient manner of amicably working out divorce related issues.

Mediation, Not Litigation

Mediated divorces are not litigated and there are no court appearances. A trained and neutral third party, usually an attorney familiar with matrimonal and family law, meets with the parties and reviews all issues with them in a non-confrontational manner. If the parties are mature, reasonable, and patient, mediation may be the best route to take with regard to handling a divorce case.

Divorces Where Mediation Won’t Work

Mediation, however, is not for everyone. Situations where the parties are not talking to each other or are not amicable do not present a good prospect for mediation. Cases involving very volatile relationships are also inappropriate cases for mediation. Further, domestic violence matters should not be mediated.

Mediation Requires Good Faith

For mediation to be successful both parties must be honest with each other. If either party hides assests or seeks to intimidate the other party, mediation is not going to work.

Divorce Can Be Difficult

Divorcing your partner can be a difficult process. Long term decisions need to be made on issues such as child custody, visitation (parenting time), spousal maintenance (alimony), equitable distribution of assets, dealing with business assets, valuing professional degrees, as well as the grounds for divorce. If you decide to use mediation, you should choose your mediator carefully. The Matrimonial and Family law attorneys at the Law Office of Elliot Schlissel have more than 100 years combined experience dealing with all types of Matrimonial and Family Law issues. We are available to discuss mediation and other divorce related topics. Contact us for a free consultation.

Philip E. Parker, a former inmate in a Baltimore jail, was being transported by correction officers in a jail bus when he was murdered by a fellow inmate. His family brought a lawsuit claiming that the four correction officers and the State had acted negligently in the supervision of the prisoners on the bus, and as a result of their failure to supervise, that another inmate, Kevin Johns, killed Mr. Parker during the bus trip.

18.5 Million Dollar Jury Award

A jury in the Baltimore City Court awarded Parker’s family 18.5 million dollars based on this incident that took place in 2005. The State argued the situation on the bus was not foreseeable and therefore they were not negligent. The State claimed that the incident happened very quickly, and that the bus was dark, further preventing the correction officers from intervening.

The State’s Appeal

The attorneys for the State have indicated they plan to appeal the verdict. The 18.5 million dollar verdict involved 7.5 million to Parker’s mother, 1 million payable to his father and 10 million dollars to be paid to his estate. The attorney for the Parker family, Samuel M. Shapiro, stated “inmates in prison are human beings. These human beings, while incarcerated, need to be treated as human beings and if necessary, protected by the prison personnel from being murdered by other prisoners.”

New York Personal Injury Lawyers

For more than 30 years the Law Office of Elliot Schlissel has represented New Yorkers with regard to all types of personal injury cases. We have extensive experience in handling both car and truck accidents. Our office can provide legal representation in cases involving slip and fall accidents, premises liability, wrongful death matters, construction accidents, as well as nursing home neglect situations. We also have handled dog bite cases. Call us for a free consultation. Our phones are monitored 24/7, and we can be reached at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Jonathan Lipman is the Chief Judge of the State of New York.  He seeks to reform our legal system with regard to the prosecution of teenagers as adults. He believes that teenagers who commit minor crimes should have these matters handled by the Family Courts and not the Criminal Courts. New York is one of only two states in the United States that try sixteen and seventeen year old as adults for minor offenses. Thousands of non violent youthful offenders should be given community service instead of being sentenced to jail as adults. When teenagers receive criminal records it has a negative impact in their fitting into society and obtaining meaningful employment in the future. Why should young lives be decimated by mistakes made as teenagers! Sometimes these teenagers are convicted before they grow into mature, reasonable adults. They should at least be given a chance to succeed.

Judge Lipman seeks to have the State Sentencing Commission submit a new bill to the State Legislature in 2012. He wants teenagers accused only of violent crimes prosecuted as adults. Teenagers who are charged with non violent crimes will have their cases handling under a pilot project in the Criminal Courts. Judge Lipman feels being more insightful with regard to the handling of cases involving teenagers in the long run is a better policy and will save large sums of money for the State’s present recidivism and eliminate unnecessary prison overcrowding.

I strongly agree with Judge Lipman’s suggestions. I hope the State Legislature will carry through with his ideas.

Family Court Lawyers

The Family Courts in the State of New York handle a variety of cases. They deal with orders of protection, child custody matters, juvenile cases, child abuse and child neglect cases. In addition, they deal with all types of problems involving juveniles. Both father’s rights and mother’s rights need to be protected in cases involving orders of protection in the Family Courts.

Our office can also assist you with regard to divorce related issues in the Supreme Courts. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

During a busy Friday, four masked men in blue painter’s overalls proceeded from a Cadillac Sedan into the Americana Mall in Manhasset, New York. They entered a jewelry store and took out their guns. In addition to their guns, they took out sledge hammers. This all took place at about 2:00 pm in the London Jewelry Store located in Manhasset, New York. The men told the employees and customers to lie on the ground. They then raised their sledge hammers and broke the glass cases. They emptied the cases of watches and then ran off to a waiting black Cadillac Escalade. The men and women in the store were shocked by these events.

Nassau County Police On the Job

Approximately two hours after this brazen robbery four of the six criminals were apprehended. None of the stolen loot was recovered from these men.

The mall in which this robbery took place is located in an affluent area on Long Island. The mall is approximately a quarter mile long and has luxury retailers, such as Tiffany, Prada, Louie Vuitton, Versace and Fendi. This is the first time a significant crime of this nature as ever taken place at this mall. All the employees and shoppers in the store were very shaken up by this brazen robbery.

Criminal Defense Lawyers

It is important you have the best available criminal defense lawyer, should you be charged or investigated of a crime. The Law Offices of Elliot Schlissel has more than 30 years of experience in defending individuals investigated or charged with crimes. We are experienced in handling drug offenses, domestic violence, assault and battery, juvenile offenses, driving while intoxicated, weapons possession, sex crimes, computer and internet crimes and all other felonies and misdemeanors. If you ever need an attorney you can call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. Our phones are monitored 24/7.

Kenneth Rettler, a teacher in the Desmoine Iowa School District impregnated one of his student, after making repeated sexual advances to her. Even more troubling, the Principal of the school, Rich Blonigan, was aware he was spending time alone with Josephine Stevens in his classroom with the door locked – against school policy. Mr. Rettler had sent Ms. Stevens numerous, inappropriate communications via both text message and e-mail, also in violation of school policy.

School District Sued

Ms. Stevens has brought a lawsuit in the Iowa District Court against the school district. The lawsuit alleges she has experienced humiliation, emotional harm and embarrassment due to getting pregnant, and she has demanded monetary compensation for her injuries.

The teacher was fired and voluntarily surrendered his teaching license. This was a result of his sexual liasions with a student who was only seventeen at the time. Sex Between Teachers and Students is Against the Law In Iowa

It is a crime in the state of Iowa for a teacher to have sex with a student – regardless of that student’s age. If there are repeated liasions between the teacher and student, the crime is a felony subject up to five years in prison. Rettler has plead guilty to sexual exploitation and obstructing prosecution. He has been sentenced to six months in jail, and in addition has to complete a sex offender treatment program. He will be forced to register as a sex offender wherever he lives in the future.

Teacher’s jobs involve instructing students not taking advantage of their naivety.

Injury Lawyer

If you are involved in a car or truck accident, the Law Offices of Elliot Schlissel can help you recover from your damages. In addition, our law firm represents men, women, and children with regard to premises liability cases, construction accidents, wrongful death cases, nursing home neglect cases, and all other personal injury matters. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

The Innocence Project, a non-profit organization that works to overturn wrongful convictions, has set two men free. Obi Anthony, age 37 and Michael Morton, age 57, both got released from prison to the innocence project. Both men had continuously maintained that they were innocent of the crimes they were convicted of and were serving life sentences for murders they didn’t commit. Together they spent in excess of 4 decades in jail before being freed by the diligent work of the innocence project.

Obi Anthony was in prison for seventeen years. He was convicted of killing a man outside a brothel located in Los Angeles, California. The prosecution’s main witness was a pimp, who subsequently admitted that his testimony in trial was false. The witness stated that he falsified his testimony to help him obtain a lighter sentence for his own crimes. Not only is Obi Anthony not the individual responsible for the shooting, but he wasn’t even present when the crime took place.

Michael Morton Spent 25 Years In a Texas Prison

Over 25 years ago, Michael Morton was charged and convicted with beating his wife to death. At the time of his conviction, however, technology did not exist whereby DNA evidence could be examined.

At the time of Morton’s conviction there was a bandana found at the scene of the crime. This bandana in fact contained DNA material of another man who was suspected of killing a woman under similar circumstances.

The prosecution in Morton’s case labeled him a sex-crazed, murderous monster, and also claimed he had faked a burglary as an excuse to kill his wife.

DNA evidence from the scene of the crime eventually exonerated Morton. This inevitably forces us to ask ourselves – how many other innocent men and women are languishing in American prisons?

Our law firm has extensive experience in handling a variety of criminal matters, such as drug offenses, driving while intoxicated (DWI), domestic violence cases, assault and battery, juvenile defenses, shop lifting, burglary, weapons possession, sex crimes, white collar crimes, violent crimes, computer and internet crimes as well as all types of misdemeanors and felonies. Call us for a free consultation. We can help you!

Female children in England now have an equal chance to become the Head of State. If newlyweds Prince William and Kate Middleton have a daughter, she can now become Queen. This is true even if she has younger brothers. The countries in the English Commonwealth have recently agreed to change the century-old rules concerning who can become the Head of State in England. In the past, ascension to the throne always took sons over daughters. But now if William and Kate, Dutchess of Cambridge, have a daughter she would be beat out her younger brothers to becoming the Head of State. She would become Queen! Before these changes can become fully effective they must be approved by the legislators of all sixteen nations in the English Commonwealth where Queen Elizabeth is considered the Head of State.

There has been speculation that Kate Middleton will be starting a family soon. This rule change has been discussed for the purpose of dealing with Kate’s children, especially if the oldest child is a daughter.

Hugo Vicors, an expert on the Royal Family, recently stated “you shouldn’t muck around too much with the Constitution, but it is a good idea to change this at this time. It’s much better to have it sorted out before any babies come along.” Although the new rule applies to future heirs to the throne, it does not impact on the current lines of succession. The current prime minister, David Cameron is a big proponent of these changes. He feels it’s important to give women equality regarding this issue.

Women’s Rights and Men’s Rights

Both men and women have equal rights involving divorces and family court issues. They are both entitled to protect their rights with regard to issues of child custody, orders of protection, visitation (parenting time), child support, spousal maintenance (alimony), child abuse, child neglect proceedings, and issues involving divorce and separation agreements. The attorneys at the Law Office of Elliot Schlissel have more than 100 years of combined legal experience in dealing with these issues. Should you have a matrimonial or family law issue, call us we can help you.