Nassau County Teenager Court
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.
Teenager Recidivism
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.
Juvenile Defense and Criminal Defense Lawyers In New York
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.
Nassau County’s Continuing Crime Lab Problems
July 27th, 2011
The United States Supreme Court recently ruled that laboratory technicians will have to testify regarding lab tests for such tests to be accepted into evidence. This will create significant problems for the Nassau County District Attorney’s Office.
Nassau County Crime Lab Closed Since February
In February of 2011, the Nassau County Crime Lab was closed. This action was taken after the crime lab lost it’s certification for drug testing. Nassau County is now in the process of re-testing thousands of samples taken regarding drug cases. All of the testing is currently being undertaken by a crime laboratory located in Pennsylvania. It is estimated that this is costing Nassau County in excess of $100,000 per month.
Presenting Laboratory Evidence
The Supreme Court decision will require Nassau County to bring the crime laboratory technicians from Pennsylvania to testify with regard to the tests they conducted concerning evidence obtained by police in drug related cases. The United States Supreme Court case requires the actual lab technician who conducted the test to testify on the procedures utilized in the analysis of the drug material. The court ruling does not allow for supervisors or other employees to testify instead of the technician that conducted the tests.
Criminal defense lawyers throughout the country have taken the position that this removes the unfairness from the submission of laboratory tests by prosecutors without calling the lab technicians to testify regarding their procedures. This gives criminal defense lawyers an opportunity to cross examine the laboratory employees with regard to how they handle the evidence sample and the tests and procedures undertaken by them.
Long Island and New York City Criminal Defense
The law office of Elliot Schlissel represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), shoplifting, burglary, juvenile offenses, assault and battery, domestic violence, drug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.
Smoker Told to Take Doctor’s Advice or Return to Jail
June 27th, 2011
Mrs. McCloud was released from jail three months early to have a heart transplant. She ignored the advise of her doctors to stop smoking. She now either has to stop smoking, pursuant to the order of Judge Francis D. Ricigliano, or go back to jail!
Nassau County District Judge Francis D. Ricigliano told Diane McCloud that she must stop smoking. She also must submit to drug testing and she must comply with her doctor’s requests.Ms. McCloud had been jailed after being convicted of taking $4,000 in merchandise from a Target store located in Westbury, New York. While she was incarcerated, her health went down hill. Her doctors determined she had less than six months to live. Justice Ricigliano felt sorry for Ms. McCloud and released her from jail, under the condition that she take all necessary steps suggested by her physicians to obtain a heart transplant.
Ms. McCloud’s physician, Janjay Doddamani, the chairman of the cardiology department in Nassau County University Medical Center, contacted Judge Ricigliano. He advised the Judge and the District Attorney’s office that Ms. McCloud had not been cooperating with him.
Ms. McCloud was brought back before the court. Judge Ricigliano made it clear that, unless she complied with her doctor’s requests to stop smoking, he would send her back to jail and she would not have the opportunity to receive a heart transplant. Hopefully she is complying to the Judge’s order.
The law office of Elliot Schlissel represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), shoplifting, burglary, juvenile offenses, assault and battery, domestic violence, drug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.
NYC Child Welfare Workers Charged with Negligent Homicide
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.
Guns, Guns, Guns
May 9th, 2011
The National Rifle Association takes the position that every American should have a gun. There are numerous proposed laws backed by the National Rifle Association pending in the State Legislatures. These new statutes are based on the proposition that one of the big problems we have in the United States is that there are not enough people who carry guns. State Representative Hal Wick of South Dakota submitted a bill to the State Legislature requiring every adult citizen to purchase a gun.
State Legislation Regarding Guns In Public Places
In Georgia, individuals can carry guns into bars. In Arizona, you no longer need a permit to carry a concealed weapon. The State of Utah is working on establishing an official state gun. Numerous states are in the process of developing statutes that would stop college universities from barring firearms on campus.
Police Use of Guns
Bill Bratton, the former New York City Police Commissioner, stated, “police on average for every ten rounds fired, I think actually strike something once or twice and they are highly trained.” Proposals to give everyone guns will create more problems because the majority of the people who utilize guns are not as well trained as police officers. Therefore, if a gun is shot ten times, it is much more likely that innocent bystanders will be harmed instead of the individuals committing crimes. It is more likely that the well intentioned, poorly trained gun owner will shoot the victim, not the assailant.
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.
Talking Sense About Gun Control
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.
Drug Treatment Programs for Prisoners
April 20th, 2011
There are approximately 60,000 inmates in New York state prisons that require drug treatment or drug counseling. If given drug treatment or drug counseling, these men and women will have a greater opportunity to live drug free when they are released from prison.
The New York State Department of Corrections recently conducted a three year study of drug treatment and alcohol treatment programs available to prisoners in New York State. The results of the study were that New York prisons are providing no treatment, or extremely poor treatment, to the 60,000 prisoners in the system who need these services.
Drug and Alcohol Deficiencies
The New York state prison system does not screen prisoners based on their drug and alcohol problems. Some prisoners need intensive programs, while others need less intensive programs. There is no way to ascertain this information. This causes a waste of valuable resources.
Overcoming Drug and Alcohol Problems
In addition to the screening for the severity of drug or alcohol abuse, the prisoners must also be screened as to their level of motivation to help themselves deal with these issues. Overcoming drug and alcohol addictions requires motivated individuals. When prisoners finish their sentences, there should be follow up treatment programs in their local communities. This will help prevent recidivism. It is much less expensive to treat an individual for alcohol or drug addiction than to house him or her in prison at the taxpayers expense.
The treatment programs should be based on a three phased system. Programs should start with the six month residential treatment program. During the course of this program, the prisoner should live in separate dorm facilities than the general population. Thereafter, they should be integrated into the general population of the prison. After being released from prison, there should be follow up treatment programs.
Alcohol and drug addiction are society’s problems. Warehousing individuals who suffer from these addictions is much more expensive then treating them.
Our office provides aggressive legal representation for individuals charged with the following criminal offenses: drug offenses; domestic violence; misdemeanors; felonies; assault and battery; juvenile defense; shoplifting; burglary; driving while intoxicated (DWI); weapons possession; sex crimes; white collar crimes and violent crimes. In addition, we assist our clients in obtaining bail and in dealing with traffic tickets. Contact us for a free consultation.
Wrongfully Convicted
March 4th, 2011
Mr. Warney was convicted for killing a man and a woman in Rochester, New York. He was sentenced to twenty-five years to life in prison. He had signed a confession admitting that he killed the man and woman. He later took the position that he was tricked into confessing.
The innocence project at Cardoza Law School represents Mr. Warney. In 2008, after serving nine years of his twenty-five to life prison sentence, DNA evidence excluded Mr. Warney as a suspect of the crime.
Mr. Warney Sues New York State For Compensation
Attorney Peter Newfield brought a lawsuit in the Court of Claims in New York asking for compensation for Mr. Warney, claiming he was wrongfully convicted. The New York statute regarding compensation states that the state is exempt from liability in situations where a defendant “by his own conduct” caused or “brought about his own conviction”. Peter Newfield, Esq., claimed that Douglas Warney confessed due to a inherently coercive interrogation. Mr. Warney, due to his low I.Q., was vulnerable to the pressures brought upon him by the police during his interrogation. It is Attorney Newfield’s position that Mr. Warney was coerced into confessing to a crime he didn’t commit.
Lower Court Dismisses Compensation Lawsuit
The initial action for compensation brought by Peter Newfield on Mr. Warney’s request was denied by the Supreme Court. Peter Newfield appealed the conviction and it was again denied by the Appellate Division. Peter Newfield now seeks the Court of Appeals to render a decision allowing his client to sue New York State to collect damages.
Task Force Appointed
A task force has been appointed by Court of Appeals Judge Theodore T. Jones to examine approximately fifty cases where individuals were wrongfully convicted. The task force is due to issue a report showing the role of prosecutors, the courts, police and defendants with regard to these wrongful prosecutions.
At the time of Mr. Warney’s confession, he claims there were eleven pieces of information that provided details concerning the crime by the police. These pieces of information were contained in his confession.
It is now up to the Court of Appeals as to whether Mr. Warney and defendants in similar situations will be able to collect from wrongful convictions based on coerced false confessions.
Long Island and New York City Criminal Attorneys
Individuals charged with crimes are entitled to be represented by counsel. There are two types of crimes in New York, misdemeanors and felonies. Misdemeanors are lesser crimes and felonies are more serious crimes. Legal representation is important for individuals charged with all types of crimes, whether these crimes involve drug offenses, domestic violence, assault and battery, juvenile matters, shoplifting, burglary, driving while intoxicated, weapons possession, sex crimes or white collar crimes.
Every New Yorker charged with crime is presume innocent until proven guilty. It is defense counsels’ job to aggressively represent their clients. This is what we do! We’ve had excellent results in representing our clients for more than thirty years. Should you, a friend, a family member or loved one be charged with a crime or investigated related to a crime, feel free to call us at 1-800-344-6431, 718-350-2802 or 516-561-6645. Our phones are monitored 24/7.
Killer May Inherit His Victim’s Property
February 23rd, 2011
Brandon Paladino killed his mother-in-law. He was convicted of first-degree manslaughter on October 12, 2010. He is facing up to twenty-five years in prison.
His wife, Dina, recently died. She was the sole survivor of her mother, who was killed by her husband Brandon. The money that Dina was supposed to inherit from her mother would go to Dina’s next of kin, her incarcerated murderer husband, Brandon.
It seems, in this situation, that Brandon will come to benefit from his own criminal conduct. It is estimated that the mother-in-law’s estate is worth in excess of $500,000. At the time of Brandon’s conviction, there were no allegations that his wife Dina was in any way, form or matter associated with the death of her mother.
We represent individuals charged with or about to be charged with crimes. We assist clients that are under investigation for alleged criminal activity. Our legal representation helps our clients with both misdemeanors and felonies. We also represent clients on drug offenses cases, domestic violence situations, juvenile matters, shoplifting, burglary, driving while intoxicated and other criminal charges. We assist our clients with bail. We attend arraignments and see to it that our clients are not incarcerated during the pendency of their cases. Call us. Our phone numbers are 1-800-344-6431; 516-561-6645 or 718-350-2802.
Prison Gone Wild
February 21st, 2011
Hanni Elabed begged the guards for assistance. He was being viciously attacked by another inmate at the Idaho Correctional Facility. The guards didn’t help him. They simply watched him being beaten for a considerable period of time. During the course of the beating, Elabed’s attacker took a break. After the break, he continued beating Elabed.
Steven Pevar, a staff attorney for the American Civil Liberties Union, in an AOL telephone interview, stated “This is the most violent prison I have ever seen”. The ACLU is currently suing the Idaho State Prison officials due to the level of violence at the Idaho Correctional Facility.
Steven Pevar stated, “it’s as if gangs have taken over the prison, where decisions are being made that seem to be consistent with allowing gangs to strong-arm other prisoners.”
Numerous prisoners have reported to staff that they were beaten up when gang members told the prisoners they had to pay rent to live safely in that housing unit. The guards did nothing about it.
If you are charged with a crime, we can help you. We represent individuals charged with misdemeanors and felonies. We litigate criminal charges involving drug offenses, domestic violence, assault and battery, juvenile defense, shoplifting, burglary and driving while intoxicated (DWI) cases. We can assist you in violent and non-violent criminal prosecutions. Feel free to call us at 1-800-344-6431; 516-561-6645 or 718-350-2802.
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