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...]
Sexual Consent in California
A new law has recently gone into effect in the State of California. The purpose of this new statute is to clarify when during the course of sexual relations "yes" means "yes". This California law sets up requirements for colleges with regard to the procedures for looking into allegations of improper sexual conduct. This California law was … [Read more...]
Criminal Court Order of Protection
On today's video blog we discuss criminal court orders of protection in New York: Elliot S. Schlissel is a family law attorney. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net … [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...]
Mother Criminally Charged For Locking Up Children In Her Room
In the case of People v. Leonard, New York State Court of Appeals rendered a decision that the kidnapping of an individual's own child, even though the individual was the residential custodial parent, was not a "legal impossibility." The Court of Appeals said that while parents have a right to control their children's movements, there are cases … [Read more...]
Juvenile Delinquency Proceedings Dismissed
A juvenile delinquency proceeding was brought before Judge Joan Posner sitting in the Family Court of Dutchess County. The presentment agency had brought a petition against a minor named Jared J.P. The allegations were that Jared had committed acts which constituted an attempted assault and the crime of menacing if he were charged as an adult. They … [Read more...]
Are Warrantless Cell Phone Searches by the Police Admissible into Evidence?
The United States Supreme Court Will Rule on This Matter The United States Supreme Court recently agreed to hear a case regarding whether a police officer can search the cell phone of an individual under arrest without obtaining a search warrant. Today cell phones contain an enormous amount of information about an individual. The legal issue … [Read more...]
Gun Suppressed Due To Bad Search By Police
In the beginning of May 2013, Christian Munez was arrested for possession of marijuana. He was brought to the 44th precinct in the Bronx. He was questioned by Sergeant Christopher Pascale. Sergeant Pascale did not read Mr. Munez his Miranda Rights. Mr. Pascale questioned Mr. Munez about other crimes in that area of the Bronx. He alluded to the fact … [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...]
