The Elliot Schlissel New York Law Blog

In a case before Gerri Pickett in the criminal court of Kings County the Judge found the accusatory instrument charging an individual with driving while intoxicated was facially insufficient.  Her conclusion was based upon the fact there were no actual allegations supporting the charges essential elements in the accusatory instrument filed by the Kings County District Attorney’s office.

The accusatory instrument alleged that a police officer observed an individual named Padmore standing with a non-party named More.  The officer’s statement alleged Padmore stated “he hit and sideswiped another vehicle.”  Damage was caused to the other vehicle. Other individuals then drove his car away from the scene of the accident.  The officer further stated she observed Padmore to be intoxicated.

Evidence Of A Criminal Offense

The Court’s decision stated in New York Criminal Procedures Law Section 60.50 for an individual to be convicted, in addition to a confession, there had to be evidence the criminal offense was actually committed. The Court found the prosecution did not meet the minimum requirement of facial sufficiency. There is a question as to whether Padmore “operated the vehicle.”  Since no one saw Padmore driving the vehicle his own statement was the only proof of the officer’s conclusions. Since there was no corroborating evidence of driving while intoxicated, the Judge dismissed the case.

About The Author – New York Criminal Defense Lawyer

The Law Office of Elliot S. Schlissel has been representing men and women charged with misdemeanors and felonies throughout the metropolitan New York area for more than 34 years. Call the law office for a free consultation.

Carl M. Perry had an order of protection against him.  This order of protection from the Family Court in Monroe County indicated he was to have no contact with his wife.  It further ordered, he was to stay away from his wife.

During the period of the order of protection, Carl gained access to his wife’s Facebook account.  He sent out letters to friends and family on his wife’s friends and family list.  In these letters he complained that his wife was using the parties children against him.  He further indicated that she was preventing him from seeing or communicating with his children.  Mr. Perry was charged with criminal contempt for violating the order of protection that barred him from having contact with his wife.

Justice DiSalvo, sitting in the Webster Town court, dismissed the criminal charges against him.  The Justice stated in his decision “changes in technology, including the way people communicate, continue to present unique challenges to the courts. As of the date (April 7^th) of this decision there were no reported cases of people charged with violating an order of protection for accessing Facebook.  One must look for cases where defendants are charged for indirectly contact a protected person by making statements to others.”  The court further held, that there was nothing in the order of protection that prevented him from accessing the Facebook account.

The court held that by communicating with individuals through Facebook he was not either directly or indirectly trying to contact Ms. Perry.  The court further stated, the order of protection did not prevent the defendant from having contact with individuals that happen to be listed on Ms. Perry’s Facebook account.  It also did not prevent him from having contact with family, friends or acquaintances.

Conclusion

This is a win for Facebook.  If you have an order of protection against you can still communicate with third parties through Facebook provided the order of protection doesn’t specifically mention no contact through Facebook accounts.

Jorge Arbaje-Diaz was a New York City Police Officer.  He was arrested in 2008.  He was charged in a federal court proceeding with fourteen other members of a robbery crew.  The charges against him say that they posed as police officers for the purposes of robbing narcotics dealers in the east coast.  Arbaje-Diaz and one other member of the criminal crew were actual police officers.  It is estimated that he participated in more than one hundred violent robberies of narcotics dealers. It is thought that these robberies resulted in more than four million dollars received by his criminal group.

Sentenced to Twenty Years In Prison

Jorge Arbaje-Diaz was sentenced in June 2011 to twenty years in prison.  The prosecutors, in their indictment of him, alleged he used his status as a police officer to gain access to the homes utilized by the drug dealers. Once they were in the home they tied up and tortured their victims until they told them where there drugs and money were hidden.  During at least one robbery Arbaje-Diaz while in his New York Police uniform, carrying his firearm, badge and handcuffs with him actively participated in the robbery.

At the time of the sentencing US Attorney Loretta Lynch stated “today’s sentence will send a strong message that anyone who abuses a position of public trust by committing such heinous crimes will be severely punished.”  At his sentencing Arbaje-Diaz’ attorney argued for a more lenient sentence.  He asked to be only sentenced to ten years instead of twenty years in prison.  The basis of his argument was that a “dirty cop would have a very difficult time inside of prison”.  Unfortunately for Mr. Arbaje-Diaz the judge was not moved by the argument and sentenced him to 20 years in a federal prison.

New York City and Long Island Criminal Defense Lawyers

If you, a friend or loved one are being investigated for a crime that is the time you need to hire an attorney.  You should hire a criminal defense lawyer as soon as you suspect the police or other investigatory agencies are looking into your conduct.

An experienced criminal defense lawyer can mean the difference between walking free and spending a significant portion of your life in a prison.  The attorneys of the Law Offices of Elliot Schlissel are known throughout the court system as dedicated, knowledgeable criminal defense lawyers.  The firm has experience in handling computer and internet crimes, traffic tickets, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI/DUI), shop lifting, burglary, juvenile offenses, assault, assault and battery, misdemeanors, domestic violence, drug offenses and all other types of misdemeanors and felonies. Feel free to call for a free consultation.

In Coram, Long Island, Kevin Daly, age 23, was driving around drunk in his car while wearing a T-shirt that said “I’m not an alcoholic, I’m a drunk. Alcoholics go to meetings.” Kevin Daly was driving a 2000 Saturn. He attempted to make a turn when he struck a marked police patrol car. The officer in the patrol car noted Daly had blood shot, glassy eyes. He slurred his speech and reeked from alcohol. When he exited his vehicle, he was unsteady on his feet. Daly, as he walked out of his car, stated “I tried to stop but I was going too fast for my brakes to stop on the wet road.” He indicated to the police officer that he had two or three beers. He also said, “I deserve whatever I get. I was drinking and driving.” Daly was arraigned in Suffolk County Court and was given ten thousand dollars bail.

Criminal Defense Lawyers

The attorneys of the Law Office of Elliot S. Schlissel handle traffic, tickets, white collar crimes, computer and internet crimes, domestic violence cases, driving while intoxicated (DWI/DUI), drug cases, gun cases and all other types of misdemeanor and felonies. Call us for a free consultation. Our phones lines are open 24/7. We arrange for bail and we do arraignments seven days a week for our clients.

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.

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.

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!

Omaima Nelson was convicted of killing her husband, William Nelson.  Omaima, then 23, killed her 56-year old husband and planned to steal from him as she had done with other middle-aged men. Her modus operandi was to seduce middle aged men, marry them and kill them for their money. After being married to her husband for less than a month, she tied him up and murdered him. She then completely dismembered his body and put his body parts through a garbage disposal.

When authorities investigated the case, they found some of Nelson’s body parts in garbage bags – mixed in with leftover Thanksgiving turkey. His hands had actually been fried in oil, and his boiled head kept in the freezer.

Omaima has applied at the Central California Women’s Facility in Chowchilla for parole.

Grizzly Testimony at Her Trail

A psychiatrist at Omaima’s trial gave testimony that Omaima had confessed to the psychiatrist that she cooked her husband’s ribs barbeque style, and that they were tasty.

Omaima was convicted of second degree murder and was sentenced to a term of imprisonment of 25 years to life. She now seeks to be paroled for this 1991 murder of her husband.

The attorney who represented Nelson on her appeal, Terrance Scott, commented with regard to the parole request. Scott stated that it was unlikely she would be released, unless it was into a mental institution. Omaima had represented to Scott that she chopped her husband up because of fear of meeting him in the afterlife, pursuant to her beliefs in Egyptian mythology.

New York and Long Island Criminal Defense Lawyers

No doubt about it, being charged with a crime is a scary experience. The best way of dealing with these situations is to hire the best criminal attorneys available. For more than 30 years the Law Office of Elliot Schlissel have been representing individuals charged with crimes. We have extensive experience in handling drug offenses, domestic violence, assault and battery, shop lifting, weapons possession, violent crimes, computer and internet crimes. In addition, our law office can help you with traffic related citations, such as speeding tickets. Call us for a free consultation. Our phones are monitored 24/7.