Rights of New Yorkers When Evidence Has Been Lost By Police

The NYPD’s Auto Crimes Division and Technical Assistance Response Unit announced that they lost two surveillance videos, which were the only two available, and apparently failed even to record two other meetings between undercover cops and suspects, according to criminal court proceedings in a Manhattan high profile motorcycle theft ring case.

The missing evidence comes as a second embarrassment to NYPD after they announced last year when arrests were made that seven high performance bikes that they had seized in the 17 month sting joint investigation with NYPD and the Manhattan D.A’s were stolen from a poorly secured police lot in the Bronx. At least 10 guns and 50 expensive motorcycles were part of the investigation conducted by the NYPD and the Manhattan D.A.’s office into gun trafficking, theft and resale of 63 bikes valued at approximately $500,000.  A total of 33 persons were arrested across five boroughs last year related to the stolen bikes and gun sales. Sources said that some of the stolen bikes were sold overseas.

Defense attorneys for the four defendants, who have recently gone to trial in the high profile motorcycle theft ring case in Manhattan, sought dismissals or exclusions of testimony and evidence on behalf of their clients. Defense attorney, Andrew Miller, who represents Damian Jones, argued that “you can’t get more blatantly careless” with evidence than the NYPD was in this case. Attorney Joseph Heinzmann, who represents accused ringleader Steve (Jersey Dred) Dow argued in a letter to the court that “The evidence destroyed here is highly relevant.” The other two defendants are Omar Thomas and Truman Francis. Manhattan Supreme Court Justice March Kahn ruled instead that she will instruct jurors that they can discredit testimony that is based upon absent evidence. All four defendants face up to 25 years in prison if convicted.

NYC Criminal Defense Attorney

Facing gun trafficking, theft and other felony charges in New York are serious. When police lose evidence, it can be harmful to defendants making it harder for people who have been unjustly accused to prove their innocence. That is why it is important to hire a good NYC criminal defense attorney to help you fight your charges using strong defenses. Our team of knowledgeable New York criminal defense lawyers will be able to investigate all the evidence against you to make sure that you receive a fair and just trial and that your rights are being fully protected.            

Man Arrested in Brutal New York Subway Assault/Robbery

Twenty-one year old Aidan Folan was arrested in New York on Wednesday April 3, 2013 and charged with robbery and assault regarding a brutal subway assault and robbery of 56 year old Dina Perez. Perez suffered a broken arm and facial bruises during the attack, which occurred on March 9, 2013 inside the 18^th Avenue F train station in Borough Park, Brooklyn. As a result of the posting of the video of the assault by the NYPD, several commentators on secretsout identified Folan by the black hoodie he wore. Many people also wrote angry comments on Folan’s Facebook page.

New York Robbery and Assault Charges

Robbery

Robbery and assault are considered serious violent crimes in New York. Robbery is considered theft with force or the threat of force. There are three different types of robbery charges.

Robbery in the first degree is a class B violent felony and the most serious of all robbery charges carrying a five year mandatory minimum for a first time offender with a maximum of 25 year prison sentence. An example would be a robbery at gunpoint.

Robbery in the second degree is a class C violent felony. If convicted, this charge carries a 15 year maximum prison term. An example would be a group of people plan and carry out a robbery together.

Robbery in the third degree is a class D non-violent felony and the least serious robbery charge, carrying a 2 1/3 year to 7 year prison sentence for a conviction.

Assault

Assault charges are brought when someone causes physical injury to a person.

Assault in the third degree is considered a Class A Misdemeanor and carries a maximum sentence of one year in jail and fines.

Assault in the second degree is a Class D felony and carries up to 7 years in prison.

Assault in the first degree is a Class B Felony and carries up to a maximum of 25 years in prison.

The more serious the victim is injured, the more serious the crime and penalties.

Why You need a Violent Crimes NYC Defense Attorney?

Facing such serious criminal charges requires the representation by an experienced New York criminal defense attorney. NYC defense attorneys will thoroughly investigate the evidence against you arguing strong defenses while trying to convince the prosecutor to reduce your charges whenever possible or dismiss your case.  

"FRIENDING" THE NYPD

Have you ever "friended" anyone on Facebook that you really didn't know?  Face it, we all have and sometimes that's just fine and sometimes you might get hacked.  Now there is even more reason to be careful about what you say and who you "friend" online, as the NYPD is now going online using aliases and using various social media for investigation. 

 Commissioner Kelly set forth the guidelines for this investigative technique in September, 2012.  These were in a 5 page memo and stated that officers in investigations using social media may register their aliases with the NYPD and use a "department-issued laptop whose internet-access card can't be traced back to the NYPD".   The Department and prosecutors are assuring the public that they are using "strict legal protocols" in all of these investigations.  Naturally the criminal defense community and the ACLU have concerns that this activity by the police might not be monitored closely enough and could cause issues of entrapment.

 As with all police activities, there is a good side and a bad side to this new type of investigation.  Everyone and his brother is on Facebook these days and the NYPD has found that some of the "looser" gang members (not members of a tight gang) are anxious to intimidate people over the net and also to not too smartly brag about their achievements on Facebook and Twitter.  This has led to some gang arrests in the Bronx and a federal judge has considered the privacy issue and at this point has sided with the prosecution.  In addition to being successful in gang cases, the NYPD has used the technique in an anti-gay attack in which one of those arrested bragged about the murder on Facebook.  The Commissioner has now ordered his officers to pay attention to posts about parties and other events that go viral online and get out of hand.

What does this mean for the everyday citizen?  As always, BE CAREFUL about what you write in email, post on Facebook or Tweet.  You do not have the right to privacy in public media as you have in a written letter or phone call.  You have put this up for the entire world to see and some of the world may be looking to arrest you.  Any time you have any involvement in a crime, as a witness, victim or even perpetrator, talk to your attorney instead of blasting the details on the Internet.  We should soon see cases of constitutional disagreement over this issue, but until the courts make a determination it will be a somewhat wide open area.

If you seek legal counsel, contact my friend Arkady Bukh from Bukh Law Firm P.C., 14 Wall Street, New York NY 10005, (212) 729-1632.

Toddler Fight Club Could Land Ladies in the Slammer

Delaware daycare workers Tiana Harris, 19, Estefania Myers, 21, and Lisa Parker, 47 are in hot water this week after being charged with assault, reckless endangerment, conspiracy and endangering the welfare of a child after forcing toddlers to fight.

Police were given a cell phone video that shows two very small children forcibly fighting each other in an altercation that the women organized. The daycare workers can be heard in the background reminding the children of the rules of, “no pinching, only punching” after one of the boys had pinched the other. Sadly, one of the boys tried to run, but was pushed back into the fight by one of the daycare teachers. 

According to Dover Police Captain Time stump, the boys were not permanently injured, but they did hurt each other. After arresting the daycare workers Monday, other parents at the center were notified about the possible repeated incidences of forced fighting in the daycare. Though the administrative staff of the daycare was allegedly ignorant about the incidence, the daycare’s business license has been suspended. 

At the time of the video’s recording, there were several other children in the room who were forced to turn their backs and wait out the fight. The children were aware of what was happening though, and police doubt this was the first occurrence of forced altercations in the daycare. 

The three women’s legal counsel has yet to release a statement and is not accepting requests for comment at this time. The women will likely never be able to work with the public again, particularly with children or seniors. Without an excellent legal defense, the women’s behavior in the video is damning evidence. It’s clear that these women will need a strong defense in order to avoid hard time and strict punishments, but a case like this is not impossible to defend. The women are currently released on $10,000 bails.

Obamacare and the Supreme Court of the United States

By now you have heard the very confused reaction on the part of the President and Democrats and first the wailing and gnashing of teeth and then turnaround happiness on the part of Republicans regarding the opinion of Chief Justice Roberts on the legislation affectionately known as “Obamacare” and more appropriately known as the “Affordable Care Act”. This Act’s legitimacy has been questioned and it’s controversy is not without merit. The Affordable Care Act is the most expansive piece of governmental legislation in over three quarters of a decade. Regardless of how this act was or is spun in the future, Chief Justice Roberts and the Court have dealt yet another horrendous blow to the Constitutional precedence of limited government. Naturally, there will be those that see this as some sort of crafty maneuver on the part of Chief Justice Roberts to make this a “win” because it will enable by the word “tax” the next president (or who they hope will be the next president) to more easily repeal it. It would take a profound stretch of the imagination to believe that this Court has in any way attempted to limit the quickly expanding nature of the federal government beyond its Constitutional authority. NYC criminal lawyer would present to you this other, recent example:

FLORENCE v. BOARD OF CHOSEN FREEHOLDERS

OF COUNTY OF BURLINGTON ET AL

Albert W. Florence was strip searched twice over the wrongful detainment in regards to a fine. That’s right. Not a felony, but a fine. The Supreme Court ruled in a 5-to-4 vote that law enforcement officials may, in fact, strip-search anyone arrested for any offense, regardless of how minor, before they admitting them to the local precinct jail even if they have zero reason whatsoever to believe that the suspect was in possession of contraband.

What does this mean to you? It means that you could be picked up for excessive speeding and be strip searched during your booking and holding experience.

What you must remember about the Supreme Court is that they interpret the law, they essentially create law, and from their ruling many interpretations will evolve. Given that you are now close to becoming a criminal for just about any action under the Sun, it might behoove you to know that you’ve not only lost the right to your body and body cavities, but also the government can force you to purchase “something” and then if you refuse force you to pay a tax.

We are sailing into some murky waters, friends. I say make friends with an attorney.