The Elliot Schlissel New York Law Blog

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 immate. 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 “immates 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.

It is against the law to download child pornography from the internet. It violates both State and Federal laws.

But A Life Sentence?

Daniel Enrique Guevara Vialca, age 26, has been sentenced to life imprisonment by a Court Judge in Florida for downloading pornographic images from the internet. Is this sentence too severe? Criminal Justice experts point out if Daniel had molested a child he most likely would have received a less harsh sentence. Professor Douglas Berman, who teaches at Ohio State University, stated “to me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.”

Sexual Offenses Involving Crimes of Children

Sexual offenses involving children are among the most outrageous. Americans have no sympathy for individuals involved with child pornography. Most people assume that individuals who download child pornography from the internet will molest children. However, there is a body of scientific research that shows this is simply untrue. Most child pornography viewers are passive individuals who look at the pornography but take no action to actually carry out these fantasies. Simply speaking, viewers of child pornography are generally not child molesters. Unfortunately, this view is not widely accepted by most Judges.

Murderers Received Life Sentences

Daniel Enrique Guevara Vialca has received a life sentence. This is the same type of sentence given to murderers. This is a disproportionate sentence. Although child pornography should remain illegal, the court should distinguish between individuals who view child pornography and child molesters. Men charged with possession of child pornography should not receive the same sentence as those convicted of first degree murder!

Criminal Defense Lawyers

Vigorous, aggressive legal representation is required if you are investigated or charged with a crime. Elliot S. Schlissel and his associates have been representing New Yorkers charged with crimes for more than 30 years. The law firm is experienced representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), burglary, shoplifting, juvenile offenses, domestic violence, drug offenses and all types of misdemeanors and felonies. Call us at 1-800-344-6431, 516-561-6645 and 718-350-2802 for a free consultation.

End of life issues are difficult to face. Everyone that lives will eventually die. If you want to make your own choices as to how you’re cared for, should you become gravely ill, it is important that you have a Living Will.  A Living Will is an advance directive that explains to your loved ones and your physicians what type of life prolonging medical treatments you want and don’t want if you become incapacitated, are placed on a resperator, or are unable to express your concerns due to illness or injuries.

End of Life Issues on Long Island

Long Island (Nassau and Suffolk Counties) in the State of New York, is considered a “ high spending” medicare area of the country. Most individuals without health care proxies on Long Island will find themselves dying in a hospital. Individuals with Living Wills can choose to spend their final days in a hospice facility.

Hospice Facilities Verses Hospitals

Hospice Facilities are designed to make patients facing end of life diseases comfortable by treating their pain and allowing their illnesses to run a natural course. Treatment in hospitals is organized around the theory of prolonging life. This can involve aggressive procedures even if the illness is considered by the treating physicians to be terminal. The treatment in hospitals for terminal illnesses can greatly reduce the quality of the individuals life. Sometimes the difference between hospice care and hospital care relates to the quality of the individual’s life while dealing with a terminal illness.

Living Wills and Family Members

Lauren Hersh Nicholas is a health professor with the University of Michigan. She has conducted a study of involving living wills. She states there’s a benefit to the family of the patient. “Family members have a somewhat easier decision making process, because they have greater guidance.” The hospice treatment can eliminate pain and reduce medical procedures that are unlikely to work.

Elder Law Attorneys

The Elder Law and Wills, Trusts and Estate lawyers at the Law Office of Elliot Schlissel have been helping their clients deal with end of life issues for more than 3 decades. The law firm drafts Wills, Trusts and Health Care Proxies, Powers of Attorney and Living Wills. They represent individuals involved in will contests. They explain to executors of wills their duties. In addition, they draft revocable living trust and irrevocable living trusts. The firm is also involved in assisting clients with nursing home issues as well as medicaid planning technigues. Call for a consultation at 1-800-344-6431, 516-561-6645 and 718- 350-2802.

Jacquline M. drove her car with her children in it while she was intoxicated. The Department of Social Services was notified of the situation. They investigated the matter and brought a proceeding in the Family Court claiming that Jacquline’s actions amounted to neglect of her children.

The children’s father also had some problems. He did not take anti-seizure medication because he wanted to drink alcoholic beverages. He was aware his failure to take the anti-seizure medication could cause him to become violent when having a seizure.

Both parent’s actions amounted to child neglect pursuant to the Family Court. Both parents appealed the court’s decision. The Appellate Court found that both parent’s neglect was supported by the evidence.

Dissenting Opinion

One of the Appellate Judges strongly dissented from the court’s decision. The Judge stated “there were no allegations of actual harm, thus, could not conclude the agency established either parent placed the children in eminent danger of physical, emotional or mental impairment.” The Judge also stated there was not sufficient evidence to show the mother was intoxicated or that her actions put the children at risk.

Child Abuse and Child Neglect Lawyers

The Law Office of Elliot Schlissel have been protecting both mother’s rights and father’s rights in child neglect and child abuse cases. We represent individuals brought up for child abuse by Child Protective Services (CPS) and Administration for Child Services (ACS). We provide aggressive child abuse defense on behalf of our clients in both the Criminal and Family Courts. We represent both fathers and mothers in cases involving Social Services trying to change custody or visitation. We also represent individuals with regard to applications for orders of protection. Should you, a friend or family member have a divorce , Family Court or criminal problem related to actions involving children, feel free to call us. We have developed an expertise in handling these cases. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

Marston Gibson, Esq. is now the Chief Justice of the highest court in Barbados. I know Marston Gibson. Marston served with distinction as a Judicial Hearing Officer (JHO) in the courts of Nassau County. He conducted non jury trials in matrimonial and other civil cases. Marston did a terrific job. He was always dedicated and hard working. I wish him the best of luck in his new position of Chief Justice of the Court of Appeals in Barbados.

Marston Gibson is a Rhodes Scholar. He obtained law degrees from the University of the West Indies and Oxford University in England. Marston became a nationalized American citizen in the year 1996. Marston had been a lecturer at the University of the West Indies. He taught various courses. One of his students was the former past prime minister of the West Indies, David Thompson.

Anthony Marano, the Administrative Judge in Nassau County, recently said Marston Gibson was “the ideal employee [with] extraordinary knowledge of the law and a perfect disposition!!” Although Marston Gibson will be the Chief Judge of the independent country of Barbados, his decisions will be subject to review by the Carribean Court of Justice. I wish Marston Gibson the very best in his new position. Nassau County will miss him!

Personal Injury Attorneys

Our office has been handling all types of personal injury cases for more than thirty years.  We represent individuals in car accidents, truck accidents, wrongful death cases, slip and fall cases and cases involving individuals bitten by ferocious dogs.  Should you be involved in an accident or suffer an injury, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Woman Kills Her Boyfriend and Is Not Prosecuted Under Colorado Law

Azura Lakin has dodged a bullet and avoided prosecution for murder under Colorado’s “Make My Day Law”. Azura Lakin is 21 years of age. On October 2, 2011, she had a fight with her boyfriend. During the fight, she slashed his throat with a broken bottle. Her boyfriend Shawn Cassidy, age 23, died of his wounds.

Shawn came to her apartment one evening in a hostile, intoxicated manner. While he was there, he argued with Azura. During the argument he started to choke her. She and her sister pushed him out of the apartment. However, he was persistent and continued to pound on their door. She opened it again and he again attacked her, choking her neck. At this time, she claimed she hit him with the broken bottle, which cut his throat. The blood loss resulted in Shawn’s death.

Shawn’s Death Was Ruled a Homicide

District Attorney Larry Abramson of Larimer County found that Cassidy’s death was a homicide. Since he unlawfully entered Azura’s house, and committed a crime of assault while he was there, Azura had an expectation that he sought to cause her harm.

Under the Colorado “Make My Day Law”, citizens of Colorado have a right to self-protection at their home. Since Azura was acting in self defense, District Attorney Abramson stated “we came to the unanimous conclusion that criminal charges could not be sustained beyond a reasonable doubt.”

Cassidy’s Aunt, Colleen Countryman, stated “she was mad over a broken cell phone. So my nephew is gone because of a cell phone that was broken, it’s not right.” This is an example of street justice!

Criminal Defense Lawyers

If you have committed a crime, have been charged with a crime or have been arrested, we can represent you. The criminal lawyers of the law office of Elliot Schlissel represent individuals charged with drug offenses, assault, battery, juvenile defenses, shoplifting,burglary, driving while intoxicated, weapons possession and sex crimes. We represent men and women charged with all types of misdemeanors and felonies throughout the Metropolitan New York area. We also can assist our clients in arranging bail. Call us for a free consultation.

The SUNY CAP In Case Law

resources in the hundreds of thousands of dollars. Although the mother was willing to pay for half of the cost of sending one of her sons to Syracuse University, the father was not. He only wished to pay half of the expense to send his son to the State University of New York at Binghamton.

Fathers who come to our law office often claim that they are treated like second class citizens in the Family Court regarding child custody, visitation, child support, spousal maintenance (alimony), orders of protection and issues involving child abuse and child neglect. They also relate to us that in divorce proceedings in the Supreme Court they are not treated fairly. Our law office represents fathers with regard to all types of proceedings in the Family Court and the Supreme Court. We aggressively protect fathers’ rights. We deal with difficult issues, such as downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome.  For more than 33 years, we have been recognized as one of the premier fathers’ rights law firms in the Metropolitan New York area. If you have matrimonial or family problems, we can help you.  Call for a consultation at 1-800-344-6431, 516-561-6645 and 718-350-2802.

Criminal Lawyer

Our law office represents individuals charged with the following criminal offenses: violent crimes; white collar crimes; sex crimes; weapons possession; driving while intoxicated (DWI); shoplifting; burglary; juvenile defense; assault and battery; drug offenses; domestic violence and all other types of misdemeanors and felonies. If you, a friend or loved one is either being investigated for a crime or charged with a crime, call us for a free consultation, we can help you.

There are many issues that come up in divorces. Who gets custody, child support, visitation (parenting schedules), equitable distribution of property and the payment of debts from the marriage. These issues can cause divorces to be contentious. Litigants in divorce cases spend large sums of money fighting to protect their rights concerning these problems.

College Expenses

If the parties to a marriage have children, how is the issue of college expenses dealt with? To start with, most litigants in a divorce will tell their attorney that their children are young and they don’t want to deal with the college expense issue now, that they’d prefer to wait until a later time. In those situations, the attorney should ask his clients how much they have saved up for college so far. The answer to that question is often either zero or a very small amount.

During settlement discussions on divorce issues, the parties often get together at one of the attorney’s offices and have a four party meeting. At this meeting, both spouses and their respective attorneys face each other across a conference room table and discuss, in a mature, intelligent, reasonable manner the issues involved in their divorce.

The purpose of these discussions is to try to work out an amicable settlement without the need for expensive litigation. When the issue of college tuition comes up, both of the spouses sometimes say they agree that we should pay for the college expenses for their children. Often the Attorney will inform them of something along the lines of: “well, your children are eight and ten, as of this point. You have saved very little towards their college expenses. Even though you seek to pay for your childrens’ college expenses, and this is admirable, since you haven’t saved money up until this point, it is unlikely that you will be able to save enough money to pay for the tuition in the future”

Divorce and Family Court Lawyers

I have been representing men and women concerning issues involving divorce, divorce grounds and family law problems for more than 33 years. I have been involved in hundreds of cases dealing with issues concerning orders of protection, child custody, child abuse, child neglect, division of marital property and regarding negotiation and separation agreements. My law office protects mothers’ rights and fathers’ rights in divorce and family court situations. Should you have questions or seek a free consultation, call me at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Recently, in Georgia, a pedestrian was convicted of vehicular homicide related to the death of her four year-old son. The boy was killed in a car accident caused by a hit and run driver.

Raquel Nelson took a long bus ride with her three children. This was in April of 2010. At the end of the bus ride, she tried to cross the road directly in front of the bus stop. She was tired after a long day spent on the bus. Her apartment complex was approximately a third of a mile from the nearest traffic light. This would have caused her to cross five lanes of traffic and then walk a third of a mile back in the opposite direction. She would have to do this while having three young children to take care of. Instead, she crossed a road to a three foot medium in the center of the road. They crossed the road during a break in the traffic. Unfortunately, Nelson’s four year old son AJ followed other adults who were crossing ahead of them.

AJ was struck by a motorist who fled. After he was caught, the motorist admitted he was high on alcohol and pain killers. The driver spent six months in jail and is now serving five additional years probation.

Pedestrian Tried and Sentenced

Nelson was tried and sentenced to a year probation. In addition, she had to pay fines and complete community service. She was also given the option of a new trial, which option she has taken. It is unusual to prosecute a pedestrian. Nelson was convicted of contributing to the death of her son being in the “wrong place”.

Pedestrians will usually take the shortest route crossing the road. If the bus stop is placed far from a pedestrian crossing, most pedestrians will cross where the bus lets them out.

Low income families living in the suburbs are at a disadvantage. Many suburbs are designed for families who have cars. Low income families who are dependent on buses for transportation are forced to risk their lives crossing busy roads when there are no crosswalks near the bus stops.

Nassau and Suffolk Counties Have High Pedestrian Death Rates

Nassau and Suffolk counties on Long Island are the third and fourth most highly ranked counties in the United States on pedestrian fatalities per hundred thousand inhabitants. Approximately a third of all traffic deaths involve pedestrians in Nassau County, whereas only 20% of traffic deaths involve pedestrians in Suffolk County.

Pedestrians Should Not Be Prosecuted

Urban road designers should take into consideration women with young children needing to cross roads in location where buses drop them off.

Criminal Defense Lawyers

For over 30 years, the Law Office of Elliot Schlissel have been defended individuals charged with crimes throughout the Metropolitan New York area. We handle criminal matters in which an individual is charged with drug offenses, domestic violence, assault and battery, driving while intoxicated, juvenile defenses, shoplifting, burglary, weapons possession, sex crimes, white collar crimes, and all other types of misdemeanors and felonies. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.