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Looking At Child Pornography Not A Crime

criminal defense attorneyIn May of 2012, New York’s highest court, the Court of Appeals, rendered a decision that a Marist College professor could not be held criminally responsible for the presence of child pornography on the hard drive of his computer. The Court held, the police and the prosecutors failed to show he knew the page had been assigned to the unused space on his computer.

Judge Carmen Beauchamp-Ciparick, in a majority opinion, in the case of People v. Kent, stated while James Kent had a theoretical ability to exercise dominion and control over the child pornographic images, that potential control was not enough to constitute “the procurement or possession” thereby not meeting the standard of a violation of the New York Penal law. She further stated, “some affirmative act is required (printing, saving, downloading, etc.) to show the defendant in fact exercised dominion and control over the images that were on his screen.” “To hold otherwise, would extend the reach of the [Penal Law] article 263 to conduct – viewing – that our legislature had not deemed criminal.” All criminal charges against Mr. Kent for possession of pornographic material were dismissed.

Computer Tech Personnel Find Pornography On Mr. Kent’s Computer

In 2007, Professor Kent was arrested. Professor Kent had complained his computer was operating slowly. Computer technology personnel found the pornographic images on his computer. He was convicted in a non-jury trial and was sentence to 1 to 3 years in prison for charges of felony child promotion and possession of sexual performances by a child. He appealed the matter to New York State’s highest court which reversed his conviction.

Judge Robert Smith stated, in his concurring opinion, “this is surely a stringent punishment for someone who many would think more pathetic and then evil.” He wrote further “nor can we safely assume that bringing as many consumers as possible within the reach of the law is the most effective gave way to lessen or eliminate the trade. A policy of the most draconian enforcement directed at the most minor and peripheral of uses is no more likely to eliminate child pornography than a similar policy would be to eliminate illegal drugs.” Smith went on to write, the legislature must decide on criminality in the conduct of the case, not the courts.assistance in criminal court matters

Prostitution Charges Against Sixteen Year Old Dismissed

Judge John T. Hecht recently dismissed prostitution charges against a sixteen year old girl who was accused of hustling. Judge Hecht sits in the Criminal Court in Kings County. He has adopted the point of view young prostitutes are simply sexually exploited children. He stated with regard to the case of People vs. Samantha R, 2011kno 9255, “the criminal justice system is not always the best venue for addressing societal problems.”

In this case Samanthar R was arrested after she solicited males for prostitution. She was initially charged with loitering for the purpose of prostitution. This is a noncriminal violation punishable only up to 15 days in jail.

Safe Harbor for Exploited Children’s Act

Judge Hecht, in his decision, stated the legislature in 2008 enacted the “Safe Habor For Exploited Children Act.” Judge Hecht interpretted this statute to mean sixteen and seventeen year olds who are charged with prostitution should be referred to the Family Court and not prosecuted criminally. Judge Hecht further stated “if she is incapable of consenting to intercourse, the incapacity does not change because she agrees to except money.” Judge Hecht’s position is that the Safe Harbor Act precludes prosecution for prostitution of cases such as the one involving Samantha R.

Criminal Defense Lawyers

Should you be charged with a crime, you need the best possible legal representation. The criminal defense lawyers at the Law Offices of Schlissel DeCorpo have been representing New Yorkers and Long Islanders for more than thirty years. We have experience in handling cases involving white collar crimes, violent crimes, computer and internet crimes, drug offenses, driving while intoxicated (DWI), weapons possesssion charges, juvenile cases, assault and battery, and all other felonies and misdemeanors. Call us for a free consultation. Our phones are monitored 24/7. We can also help you arrange for bail and in some situations expunge matters from your record.

Juvenile Rape in Turkey

Twenty six men were charged for having sex with a thirteen year old girl in Turkey. The Turkish Court made a ruling the thirteen year old girl had “willfully engaged in consensual sexual relations with the twenty six men.” The public in Turkey was outraged. This decision is truly outrageous.

The incident took place in 2002. Twenty six men were accused of having sex on multiple occasions with a thirteen year old girl. The men paid two adult women for the sexual liaisons during the period of seven months. The men were sentenced pursuant to Turkey’s lenient Penal Code regarding sex with underage juveniles. The country’s penal code was thereafter modified in 2005. The older Turkish Penal Code gave reduced sentences regarding sexual liasions between adults and children under the age of fifteen if the child consented. A women’s group spokesman, Pinar Iikkaracan in Turkey stated “in the new Turkish Penal Code there is no question of consent, that is incredibly important to us.” “In terms of girls and boys under fifteen it is very clear any violation of the body for sexual purposes is defined as sexual abuse in the new code. Which means that sexual assault or the violation of the body should have a higher sentence.”

Some of the twenty six men who had sex with the thirteen year old were acquitted, while others received jail sentences of one to four years imprisonment.

Sexual Abuse in The U.S.

In the United States young children are considered not capable of consenting to sexual liasons with adults. Sexual abuse cases are handled as child abuse and neglect proceedings in the Family Courts as well as in the Criminal Courts in the State of New York. These types of cases are usually aggressively enforced by procecutors in New York.

Criminal Defense

Men and women accused of crimes in the United States are innocent until proven guilty. The prosecution has the obligation of proving beyond a reasonable doubt the individuals charged with offenses have actually committed those offenses. Individuals charged with crimes are entitled to defense counsel. The Law Offices of Schlissel DeCorpo have been defending individuals charged with all types of criminal matters for more than 30 years. We represent individuals charged with sex crimes, white collar crimes, violent crimes, computer crimes, internet crimes, drug offenses, domestic violence, assault and battery, juvenile defenses, driving while intoxicated (DWI), weapons possession and all other misdemeanors and felonies. Call us for a free consultation. Our phones are monitored 24/7. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

Speed Racing on the Long Island Expressway

Darnel Anderson, 25 years of age, decided to have a race with Darrel Squiers. The race took place on the Long Island Expressway in Nassau County, New York. Both drivers were speeding in excess of 100 mph. Darnel Anderson had two children in the car with him while he was racing his friend. In court documents, he stated “I knew we were going way too fast.”
It was estimated that Darnel was proceeding at approximately 120 miles per hour when he was stopped by the police. He was charged with endangering the welfare of a minor, being involved in a speed contest and numerous additional traffic violations. His racing buddy, Darrel Squiers of Bay Shore, was charged with driving while being intoxicated, being involved in a race on the Long Island Expressway, speeding and a variety of additional vehicle and traffic violations.
Individuals who want to see if they have the fastest car should race their cars on a race track. This can be done under conditions that are safe for everyone involved. In this situation two young children’s lives were in danger and only by the grace of God did they avoid serious injury. These racing buddies now face significant criminal prosecution.

Criminal Lawyer

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.

Nassau County’s Continuing Crime Lab Problems

crime1-150x150 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

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 Offices of Schlissel DeCorpo represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimesviolent crimes, white collar crimessex crimes, weapons possession, driving while intoxicated (DWI)shopliftingburglaryjuvenile offensesassault and batterydomestic violencedrug 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

court1-150x150Mrs. 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.

Criminal Defense Lawyer

The Law Offices of Schlissel DeCorpo 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.

Guns, Guns, Guns

NRAThe 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.

Criminal Lawyer

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

GunControl-150x150It 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.

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New York Criminal Attorneys

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

criminal1-150x150There 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.

Criminal Attorneys

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.

The Hamster Killer

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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!

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New York Criminal Defense Lawyers

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.

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