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The Hamster Killer


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!


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.

Loss of License for Talking on a Cell Phone

cell.jpegIt is against the law to speak on a cell phone while driving a motor vehicle in the state of New York. This past summer, Justice Edmead, sitting in the Supreme Court located in New York County, suspended a driver’s license for thirty-one days when she was found guilty of talking on her cell phone.

The defendant argued that the courts determination was arbitrary and that the sentence was excessive. The court stated otherwise. The defendant had two previous convictions for talking on a cell phone. These convictions took place within the past eighteen months and were still on her driver’s license.

The court claimed that sections 1225-c(2)(a) and section 510(3) of the New York Vehicle and Traffic Laws provided the court with discretion to temporarily suspend the license of a driver for multiple convictions related to the same offense. The court stated in its decision that monetary fines did not stop her from driving while talking on a cell phone. The court further indicated that there was a “reasonable prospect” that without the suspending of her drivers license, she would continue to violate the law. Therefore, the punishment was not disproportionate to the offense, shocking to one’s conscience or unreasonable.

Criminal Defense Lawyers

Our office has extensive experience in representing individuals charged with a variety of crimes, such as drug offenses, domestic violence, misdemeanors, felonies, assault and battery, juvenile offenses, shoplifting, burglary, driving while intoxicated, weapons possession, sex crimes, white collar crimes, violent crimes and traffic tickets. Call us for a free consultation.

Beating a Traffic Ticket

You can be found not guilty if you fight a traffic ticket.  The key to handling traffic tickets is to be aware of the various ways these citations can be defeated.  The purpose of this article is to assist you in winning when charged with a traffic offense.  This will avoid points being placed on your license!

traffics-150x150The first thing you should be aware of concerning traffic tickets is that you have a right to a trial or hearing regarding a traffic ticket.  You need to submit a not guilty plea.

After pleading not guilty, it is important that you garner evidence to support your case.  The following is a list of the types of evidence that can be presented in a courtroom:

1. Photographs of the various items related to your case.  They may involve signs or road conditions.  The photographs should be date-marked and be taken by you.

2. A diagram of the location where the summons was issued.  The diagram can show intersections, traffic signals or other vehicles.  Diagrams are especially important in issues involving traffic lights, failure to yield or issues involving who had the right of way.

3. The most important type of evidence would the testimony of eye witnesses.  Obviously, you can testify, but your word against the word of a police officer may not be enough.  If there were other individuals in the car or other witnesses who saw the incident, their testimony would be extremely helpful to you.  You can show that your conduct was justified.  Examples of what may be justifiable conduct would involve stopping on the side of the road because your car has developed a dangerous or unsafe condition or swerving to avoid another car that was being improperly operated.  Another example of justifiable conduct would be if you had become ill, requiring you to take emergency action to avoid an accident.


The Best Way to Deal with A Traffic Ticket is to Hire a Traffic Ticket Defense Attorney

Our law office has represented individuals involving speeding tickets, red light tickets and virtually every type of traffic violation.  We have an excellent success rate regarding these matters.  In addition, we represent our clients regarding drug offenses, domestic violence matters, misdemeanors and felonies of all types as well as driving while intoxicated (DWI) and driving with a suspended license charges.  Feel free to call us should you have any questions regarding any of the aforementioned traffic tickets or criminal matters.  Our office number is 1-800-344-6431, 516-561-6645 or 718-350-2802.

Ex-judge Fails to Have Red Light Cameras Deemed Unconstitutional

redlightcamera-150x150Samuel Levine is a practicing attorney in Nassau County. He had previously served for three years as a District Court Judge in Nassau County. He received a traffic ticket based on a red light camera taking a photograph of his license plate going through an intersection. He sued the county based on this traffic ticket. He claimed that the red light camera program was unconstitutional. Samuel Levine claimed that the red light camera program was “nothing more than a revenue producing program that will not deal with the major problem of protecting the rights of citizens.”

Nassau County attorney John Campanoli made the following comment with regard to the court’s decision to dismiss former Judge Levine’s case. “I am pleased that court ruled in our favor. This was important to the county in light of the revenue that it generates for the county. It is important as a safety issue. It discourages unsafe activity by drivers and makes streets safer for both the drivers and pedestrians”.

Mr. Levine had received a notice via mail that his car had been photographed by a red light camera. The photograph indicated he had run a red light at Daly Boulevard, on Long Beach Road in Oceanside, New York. Mr. Levine was not driving his car on the date of the incident; his wife was driving.

Mr. Levine claimed in court that his rights under the United States Constitution and NYS Constitution had been violated. His claim was that he had no opportunity to confront his accuser.

Judge Parga, sitting in the Supreme Court of Nassau County, stated at the time he dismissed Levine’s lawsuit, that “inability to examine a witness does not render the statute unconstitutional because he does not face a criminal conviction or a conviction for violation of the Vehicle & Traffic Law“. I have spoken to Samuel Levine, Esq., about this case. I hope he appeals this decision to the Appellate Division, Second Department.

About Our Firm

Our law office has extensive experience in representing individuals charged with speeding tickets and all other types of traffic tickets. We represent individuals on both misdemeanors and felonies. We also assist our clients on shoplifting and burglary criminal charges. Should you have a legal problem, feel free to contact us at 1-800- 344-6431 or 516-561-6645 or 718-350-2802.

Challenge to Florida’s Red Light Camera Law

redLightThe state of Florida recently passed a new law that allows municipalities to use red light cameras at traffic intersections. If the camera catches a motorist going through a red light, a ticket is issued and mailed to the owner of the vehicle. A lawsuit has been brought in West Palm Beach for the purpose of invalidating Florida’s red light camera law. The lawsuit claims that individuals are innocent until proven guilty and that the red light camera law violates this basic tenant of criminal justice in the United States.

Guilty Until Proven Innocent

Individuals caught in the red light camera have to prove in court that they were not driving the vehicle at the time of the incident. Instead of a individual being innocent until proven guilty, he or she is guilty until proven innocent under the new law. Attorney William Abramson, whic filed the lawsuit on behalf of one of his clients, stated that Florida’s red light camera law violates constitutional rights of individuals.

The Florida law went into effect July 1, 2010. Under this new statue, the driver of a motor vehicle either pays a $158 fine or has to submit evidence that he or she was not driving the vehicle at the time of incident. Attorney Abramson claims the driver should not have the burden of proof. The municipality should have to prove that the owner of the vehicle was the operator at the time of the incident. The lawsuit claims that “the presumption of guilt, shifting the burden of proof, violates both the Florida Constitution and the United States Constitution.”

New York Red Light Cameras

The State of New York has a similar law in place concerning red light cameras. On Long Island and in the five boroughs of the city of New York, the owners of motor vehicles are regularly receiving traffic tickets based on red light cameras taking photographs of their vehicles at various intersections. The drivers of the vehicles are not identified. The New York law similarly places the burden on the owner of the vehicle to prove he or she is not guilty. This constitutes a violation of the owners constitutional rights. Under New York State Constitution and the Federal Constitution, individuals are innocent until proven guilty of traffic matters.

Should you, a family member or a friend have issues with red light tickets, speeding tickets or other types of traffic violations, feel free to contact the traffic attorneys at the Law Offices of Schlissel DeCorpo. We can help you with these matters. Our phone number is 1-800-344-6431, or contact us by email.

Judge Unable To Reduce Charges On Traffic Tickets

traffic1-150x150An upstate judge in the town of Milan was dealing with a huge backlog of traffic cases. He decided the best way to deal with the backlog was to “plea bargain” tickets down to lesser offenses. Unfortunately, the New York state police, assuming a role similar to that of a prosecutor, objected to the judge’s actions.

The State Police took legal action and challenged the judge’s rulings to a higher court, the Second Department of the Appellate Division. The Second Department held that “the town justice’s attempt to ease the backlog may have been understandable, but it was not legally justifiable”. The court held that although they were sympathetic to the huge burden placed on the courts, there was a blanket policy against plea-bargaining for these types of cases.

In the town of Milan, the State Police are responsible for the prosecution of traffic tickets. In 2006, they established a policy of barring negotiations concerning the reduction of charges on traffic tickets given by State Troopers.

Administrative Ajudication Of Traffic Tickets:

The five boroughs of New York City, as well as Suffolk County, have administrative ajudication programs conerning traffic tickets. In these six counties, the police officer acts as the prosecutor. The officers have no authority to enter into plea bargaining arrangements and the judge has no authority to work out plea bargaining schemes. If the defendant pleads “not guilty”, the case goes to trial. The trials are conducted before an administrative judge.

For approximately 25 years, my office has been trying speeding tickets and other types of traffic cases in the five boroughs New York, as well as Suffolk County. These trials can be won with the right legal representation.

Should you, a friend or a loved one have a problem with a traffic ticket, feel free to call the traffic defense attorneys at the Law Offices of Schlissel DeCorpo, at 1-800-344-6431, or by email.

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