Check out today's video blog where we talk about warrant-less cell phone searches by the police and your rights: Elliot S. Schlissel and his associates, for more than 45 years, have represented clients in misdemeanor and felony criminal charges. The phones are monitored 24/7. Call us for a free consultation should you have questions or … [Read more...]
Cell Phone Search Kept Out of Court
A judge in Kings County has suppressed evidence which would have shown a man charged with a sexual crime photographed the child sex victim. The evidence was not allowed to be presented in court. This was an interpretation by a judge in Brooklyn of the United States Supreme Court precedent which protects cell phones under the fourth amendment to the … [Read more...]
Endangering The Welfare of a Child
An appeal was brought with regard to a conviction of endangering the welfare of a child by a man named Walcott. He had been on probation. He appeared at the probation department with his son. The probation officer felt that Walcott was intoxicated. A test was done on an alco-sensor machine. The machine indicated the presence of 0.129 of alcohol in … [Read more...]
Juvenile Justice in New York
New York is one of two states which allow juveniles to be tried as adults at age 16. The large majority of states do not allow prosecution as an adult until such time as the individual reaches the age of 18. It should be noted an individual of age 18 is considered an adult for purposes of voting. Juveniles who are tried as adults and sentenced … [Read more...]
Nassau County’s Drug Treatment Court
Nassau County established a Drug Treatment Court in 2009. The purpose of the court is to allow individuals charged with drug related felony charges to rehabilitate themselves and avoid going to jail. Recently eighteen graduates from the Nassau County Drug Treatment Court Program had a celebration. This was the thirtieth graduation from the … [Read more...]
Hot Pursuit of an Individual Suspected of Committing a Misdemeanor Does Not Allow Police Officers to Enter His Home
Judge John Wilson sitting in the Criminal Court of Bronx County was recently presented with a case involving a warrant-less entry into a man's apartment. Police officers were investigating a crime scene in the Bronx. Mr. Cruz approached the scene and threw a piece of metal at one of the police officers. The police officer claimed the piece of metal … [Read more...]
Man Convicted Due To Cat’s DNA
In a case in London, England, a British DNA database of cat's DNA was used to convict a man of the crime of manslaughter.John Wetton of the University of Leicester stated "this is the first time cat DNA has been used in a criminal trial in the U.K." The Case Investigators found the dismembered torso of David Guy.His dismembered torso was found … [Read more...]
Gun Kept Out of Evidence
In a recent case in Bronx Criminal Court, Judge John Wilson threw out the criminal charge of attempted criminal possession of a weapon against a defendant named Black. Police Heard Gun Shots Police Officer's testified they heard gunshots. Upon hearing the gunshots, they traveled in the direction of the sound of the shots. While traveling in that … [Read more...]
Stop And Frisk Searches Rejected By Courts In New York City – Part II
Suppression Hearings Lawyers can ask for a hearing to determine the propriety of the material seized by police related to searching individuals. At the suppression hearing, the Courts consider the totality of the circumstances involved in the search. They look into the suspiciousness of the behavior of the individual stopped by the police. … [Read more...]
New York Police Officer Convicted of Robbing Drug Dealers
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 … [Read more...]