September 24th, 2012
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.
April 18th, 2012
Nassau County, Long Island, now has a new pilot program designed to help 16 and 17 year olds charged with a crime avoid going to jail. Nassau County is one of nine counties throughout New York State to have a specific court designed to hear cases involving 16 and 17 year olds who previously have been treated as adults subject to criminal prosecution in the criminal courts in New York.
Jonathan Lipman, the Chief Judge in the State of New York, brought about this initiative because he feels teenagers charged with certain crimes should not be charged as adults within the criminal justice system in the State of New York.
Criminal Prosecution of Minors In New York
New York is the only state in the country that currently prosecutes non-violent 16 and 17 year old as adults within its criminal justice system. Nassau County District Attorney Kathleen Rice recently made the following statement with regard to this pilot court program “we’re prepared to show the rest of the state that this approach is the best way to rehabilitate young offenders, save tax payer money and protect the public.”
How This New Program Works
Sixteen and seventeen year olds who are charged with non-violent criminal offenses are initially screened by case workers from the Nassau County Department of Probation. If they are found to be at low risk of committing crimes in the future their case can be dismissed. If they are found to be high risk of committing crimes in the future, they are put through an extensive screening process and both the lawyers and the judge look for a solution that will solve the teenagers underlying problems and protect the public. The purpose of the teenager court is to find an alternative to sentencing teenagers to jail. Teenagers convicted as adults in the criminal courts receive permanent criminal records which can affect the rest of their lives.
A statistical analysis of the records of teenage boys and girls who have an initial contact with the criminal justice system finds that more than 80% of them will be rearrested by the time they are 28 years old. It is hoped teenagers who make bad judgment calls will be given the opportunity to have a second chance, a clean record and be able to get out of the criminal justice system.
Juveniles charged with crimes in New York can be prosecuted in either Family Court, Criminal Court or now the Teenager Special Court. The Law Offices of Elliot Schlissel and their dedicated attorneys, for more than 30 years, have represented men and women charged with large varieties of criminal offenses. Our office has extensive experience representing individuals charged with computer and internet crimes, traffic tickets, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI/DUI), shoplifting, burglary, assault and battery, domestic violence, drug offenses and other misdemeanors and felonies. Contact us for a free consultation.
November 30th, 2011
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.
October 21st, 2011
Can you receive a driving while intoxicated (DWI) criminal charge for driving a go – kart? The answer to that question is yes. Lennon Safati, age 18, has been charged with a felony for driving while intoxicated, endangering the welfare of a child and other criminal charges. Lennon violated New York’s Leandra’s Law. He was driving a go – kart while he was allegedly intoxicated, while he was carrying an underage passenger.Lennon was riding his go – kart with two minors aboard. One was holding onto his back and the other was sitting on his lap.
Leandra’s Law, in the State of New York, makes it a felony to drive while intoxicated with a minor under the age of 18 in the vehicle. Conviction under Leandra’s Law carries a penalty of up to four years imprisonment for first time offenders.
Lennon’s blood alcohol level, as tested by a breathalyzer, was .11. This is higher than the standard of .08 necessary to be charged with driving while intoxicated in the state of New York. Lennon is currently being held on $10,000.00 bail.
If you are charged with crime, it is extremely important to have the best possible legal representation. Conviction of a crime can land you in jail, give you a criminal record, and create difficulties in obtaining employment for the rest of your life. At the Law Office of Elliot Schlissel, our team of dedicated, experienced criminal attorneys have been representing New Yorkers for more than 30 years on a variety of criminal charges. Our firm has extensive experience in dealing with drug offenses, assault and battery, juvenile offenses, shoplifting, burglary, driving while intoxicated (DWI), weapons possession, sex crimes, white collar crimes and all types of misdemeanors and felonies. We also have recently developed an expertise in handling computer and internet crimes. Should you, a friend or loved one be investigated or charged related to a crime, feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation.
June 28th, 2011
Have you received a speeding ticket recently? Do you have moving violations and points against your license? If the answer to either of these questions is yes, you may be paying as much as $1,400 a year more for your car insurance!
Speeding Tickets Cause Car Insurance to Skyrocket
Insurance companies do not like speeders! One speeding ticket can cost you as much as $1,400 a year in increased premiums on your car insurance. Should you have more than one speeding ticket on your license, it can cost you as much as $1,700 a year in additional premiums on your car insurance.
Speeders and Drunk Drivers Considered Bad Risks
Insurance companies are in the business of making money. The insurance companies would rather not insure men and women who receive driving while intoxicated, summonses, speeding tickets or reckless driving tickets. Insurance companies consider these drivers bad risks.
Chris Kissell, the managing editor at Insurance.com, in a recent press release stated “the lesson is simple, drivers who speed, drink and drive or engage in other bad driving behaviors will pay through the nose if they want to keep their car insurance. The best way to save money on car insurance is to drive responsibly at all times.”
Reducing Insurance Rates
The most effective means to keep your insurance low is to avoid receiving traffic tickets. If you receive traffic tickets, retain a qualified traffic ticket defense lawyer to represent you. The legal fees you pay will be very small compared to the increase in your car insurance over the next three to five years.
Should you be convicted of traffic infractions, the second best route is to enroll in a driver safety program. In New York State, these programs can eliminate 4 points from your driver’s license.
If you receive a traffic ticket in the Metropolitan New York area, the law office of Elliot Schlissel can defend you regarding these matters. One of our attorneys is a former administrative law judge who dealt with traffic summons.
We also represent individuals charged with driving while intoxicated, assault, battery, domestic violence, computer crimes, sex crimes, burglary and all other misdemeanors and felonies. Feel free to call for a free consultation.
May 11th, 2011
In March of 2011, two former New York City child care workers were charged with negligent homicide related to a girl’s death. The girl was four years old at the time of her death. The child care workers had a responsibility to monitor her family’s situation. Damon Adams was a child welfare worker who worked for the Administration for Children’s Services (ACS). He had a responsibility to visit the home of Marchella Pierce. He was supposed to be conducting his visits during the three month period prior to Marchella’s death. Damon Adam’s supervisor was Chereece Bell. She was supposed to provide oversight for Mr. Adams. She has also been charged related to Marchella Pierce’s death. Damon Adams falsely reported that he had been visiting Marchella’s home to check up on her. His failure to follow up and supervise her home situation contributed to her death.
Carlotta Pierce caused Marchella’s Death
Marchella’s mother is named Carlotta Pierce. She had been beating Marchella with household items. She refused to provide Marchella with food and water. She force-fed Marchella antihistamines. Marchella weighed only eighteen pounds at the time of her death. Marchella was a premature baby. She had undeveloped lungs. She had a twin sister who died at birth. Marchella had been in and out of hospitals her entire life. At the time of her release from the hospital in February of 2010, she had a tracheal tube inserted to assist her in breathing.
Administration for Children’s Services had been monitoring the family since November of 2009. Her mother was found to be a drug abuser. Mr. Adams and Chereece Bell are the first two workers working for the Administration for Children Services to be charged with negligent homicide. Anthony Rells, a union representative for the accused child welfare workers, stated, “it is unprecedented and outrageous that workers doing their jobs are being blamed for the deaths of children.”
Mr. Adams faces a potential sentence of seven years in prison and Ms. Bell faces up to four years in prison if they are convicted. The mother, Ms. Brett, faces a term of twenty-five years to life in prison if she is convicted of second degree murder.
Our law office represents individuals charged with juvenile defenses, assault and battery, misdemeanors, felonies, domestic violence, drug offenses, driving while intoxicated (DWI), weapons possession, sex crimes, white collar crimes and violent crimes. We also help our clients obtain bail. We’ve been representing individuals charged in criminal matters throughout the Metropolitan New York area for more than 30 years. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.
April 28th, 2011
Generally driving while intoxicated convictions (DWI’s) are not subject to being expunged. Instead, in some circumstances these records can be sealed. We can also obtain for our clients waivers of civil disabilities for individuals convicted of DWI’s. This allows them to obtain commercial licenses in the future or have their commercial drivers license reinstated.
The Expungement Process in New York
To expunge a criminal conviction in the State of New York it is necessary to bring an application to the court that rendered the original decision to convict the defendant. The court has discretion and on a case by case basis decides whether to allow the criminal conviction to be expunged. Generally speaking to have a criminal conviction expunged you must have been convicted as a juvenile, convicted of an allowable drug related offense, or have been arrested in a case and not convicted. Feel free to contact the expungement attorneys at the law office of Elliot Schlissel for a free consultation regarding the issue of expunging a criminal record.
Contact an Experienced New York DWI Attorney
Based in Lynbrook, New York, The Law Offices of Elliot S. Schlissel represents clients throughout Long Island and New York City, including Nassau County, Suffolk County and Queens, as well as Westchester County, Manhattan, Brooklyn, the Bronx, and Staten Island. Call us at 800-344-6431.
April 22nd, 2011
It has been three months since the killings in Tucson, Arizona. President Obama recently spoke about gun control issues. In an article written in the Arizona Daily Star, President Obama asked both gun control supporters and gun rights advocates to discuss reasonable and sensible gun legislation. He was specifically interested in dealing with the gaps of the National Instant Criminal Background Check system. The system presently has significant gaps that allow dangerous or mentally unstable individuals to purchase guns.
The Crazed Tucson Shooter
The shooter in Tucson was a man who had been rejected as unfit by the United States Army. He was to not stable enough to attend college. Both his neighbors and friends thought he was inclined to commit violent acts. However, under the current gun control laws in the United States, he had no difficulty walking into a store and purchasing a firearm.
Crazies Can Obtain Guns
President Obama, in his article, pointed out that many states do not maintain the appropriate records regarding disqualifying individuals who have been involuntary committed or who have criminal records. These records are supposed to be submitted to the federal background system. The system is supposed to have an “accurate and comprehensive listing of individuals who should be precluded from purchasing firearms.” The significant loopholes in the system allow dangerous, mentally unstable individuals to avoid background checks and purchase guns. There also is a huge exception to the federal firearms background check system which allows anyone at a gun show to purchase any type of weapon he or she wants. The purpose of this exception is not to protect the American public. It is to line the pockets of the gun sellers!
The article by President Obama does not make specific proposals. It seeks to simply to open up a dialog. Unfortunately, the National Rifle Association declined President Obama’s invitation to enter into a reasonable discussion of gun control measures. Their position is anyone should be entitled to purchase any firearm they please. Hopefully the Obama Administration and Congress will be successful in establishing reasonable measures to control firearms from coming into the hands of unstable individuals or criminals.
Our law office does a superior job of representing individuals accused of the following crimes: violent crimes; white collar crimes; sex crimes; weapons possession; driving while intoxicated (DWI); juvenile defense; burglary; shoplifting; assault and battery; domestic violence; drug offenses and all types of misdemeanors and felonies. Contact us for a free consultation.
March 30th, 2011
Monique Smith was recently arrested at her home in Bushwick. The arrest was conducted by law enforcement officers of the American Society for the Prevention of Cruelty to Animals. The criminal charges against Ms. Smith are that she killed the family’s hamster and threw it violently against a wall. Theresa Smith’s mother had stated she watched her daughter kill the hamster in cold blood. She stated that Theresa “took Sweetie (the hamster) out of the cage and slammed the hamster on the floor.” The impact with the floor killed the hamster.
Criminal Charge: Aggravated Cruelty to Animals
Monique was charged with aggravated cruelty to an animal. This is a felony charge that carries with it a sentence of up to two years in jail. She accused her older brother of causing her to kill Sweetie. However, she did state, “if I saw a hamster in this filthy place, I’d kill it.”
The spokesperson for the ASPCA stated “their organization’s investigation was thorough and it was corroborated by eyewitnesses.” Monique’s family have changed their mind about putting her in jail for up to two years. They are no longer supporting the story of her murdering the hamster. The hamster murderer will go free! The Brooklyn District Attorneys office doesn’t have the stomach to prosecute her for this crime!
Our office represents individuals charged with various criminal offenses including, but not limited to, violent crimes, white collar crimes, sex crimes, weapons possession, drunk driving (DWI), shoplifting, burglary, juvenile defenses, assault and battery, felonies, misdemeanors, domestic violence and drug offenses. We also assist our clients with traffic tickets and arranging for bail. Call us our phones are monitored 24/7.
March 14th, 2011
There have been recent disclosures with regard to the numerous problems faced by the Nassau County Police Crime Laboratory. Nassau County faces the potential that numerous individuals were convicted based on erroneous findings of the Nassau County Crime Laboratory. There is the potential for many lawsuits related to the poor quality of the testing work performed by the Nassau County Crime Laboratory.
Presumption of Innocence