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.