Domestic violence refers to both physical abuse and mental abuse. It most often occurs when two people are involved in a social or personal relationship and/or are living together. In the State of New York, when domestic violence arises, Orders of Protection can be obtained either from the Criminal Courts or the Family Courts. Domestic Violence … [Read more...]
Warrantless Cell Phone Searches
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...]
Governor Cuomo Approves New Domestic Violence Prosecution Statute
Governor Cuomo recently signed into law a bill which redefines stalking and aggravated harassment as crimes in New York. The statute goes into effect 90 days from Wednesday, July 23, 2014. Court of Appeals Sets Aside New York's Aggravated Harassment Statute In the case of People v. Golb, 2014 N.Y. Slip Op. 03426, the New York Court of Appeals … [Read more...]
New York’s Criminal Harassment Statute Declared Unconstitutional
On May 13, 2014, the New York State Court of Appeals (the highest court in New York State), declared New York's criminal harassment statute, Penal Law section 240.30(1)(a) unconstitutionally vague and over broad. Under the statute it is a misdemeanor to "harass, annoy, threaten or alarm" another person either in writing or verbally if it was … [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...]
Wife Seeks to Set Aside Judgment of Divorce After Her Husband Dies
In an unusual case, Judge Jeffrey Sunshine, sitting in the Supreme Court Divorce Part in Kings County, had a case before him where a woman sought to set aside a judgment of divorce by her husband after he died. In this case the wife claimed she was not aware of the divorce until after her husband died when she was served with a copy of the divorce … [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...]
