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Bronx NY Criminal Law Blog

Wrongfully convicted NY father laments lost time

A father of five had his life ripped apart when he was wrongfully convicted of the brutal hammer attack against his wife that left her so injured she now has to live in a nursing home. The couple had five young children, ranging in age from just 1-9 years old, at the time of the attack in 1996.

New York State Troopers arrested the man and endlessly interrogated him for hours. The man was so mentally exhausted from the endless hours of questioning without sleep that he falsely confessed to the attack even though he was innocent. This is not an uncommon phenomenon. That coerced confession led to a conviction on charges of attempted murder.

Does the punishment fit the crime?

In some instances, charged individuals can feel like the court is looking to make an example out of them by pursuing aggressive criminal charges and penalties. It appears that the defense for one of two criminally-charged nurse aides feels like his clients is the victim of such a happening. The defense says that the proceedings against the man are harsher than the situation warrants.

The two men worked as nurse aides at a nursing home on Long Island, and came under fire when it was reported that the employees photographed the bedsores and related images of 11 residents. One of the men reportedly also sent one of the images via text message to a friend.

NTSB: states should curtail drunk driving limit to .05 percent

A drunk driving conviction in New York is not a happening looked upon favorably by the state. Drivers can face a range of penalties, including up to a year in prison for even a first-time conviction of driving under the influence.

Many drivers inaccurately assume that only heavy and habitual drinkers find themselves convicted and punished for such an offense. However, many upstanding individuals in New York find themselves confronting drunk driving charges after just one too many drinks. The rate of individuals facing DUI or DWI charges in New York could increase if the legal limit of intoxication is lowered from the present blood alcohol level of .08 percent down to .05 percent, as recommended by a federal safety board.

School bus driver deeply apologetic for drunk driving crash

A hearing was held in New York last week in which lawmakers from across the state gathered to discuss how best to protect children on school buses from being hurt by an impaired bus driver. Up for discussion was the feasibility of installing ignition interlock devices in school buses across the state in order to inhibit drunk drivers from operating a bus. This issue became a more prominent concern after a Long Island school bus driver was recently convicted after crashing into a house while transporting five children on a mini-school bus last fall.

We have previously discussed the extremely serious consequences associated with a drunk driving conviction in New York. The consequences can be more severe for individuals that are licensed professionals or individuals that had children in the vehicle at the time of arrest. Unfortunately for this bus driver, he happened to be at the intersection of these compounding factors when charged with drunk driving.

Domestic violence can twice victimize women protecting themselves

She was in love, at first. Things went well for months until he became violent. His rage and outbursts escalated in severity, but she kept remembering a time when he was not like that. In one of his fits of anger when she was pregnant, he crashed the car in an attempt to kill them all. The couple survived, but she miscarried the child. In another horrific display of his violence, he stabbed her with scissors before forcing himself upon her.

She found the strength to break away from the situation of domestic violence. She was staying at her mother's house when he came over. A fight ensued, and he started choking her. Fearing for her life, she grabbed the gun he housed in his car and pulled the trigger. He died, and she went to prison for 17 years -- her future still ultimately controlled by her violent abuser from beyond his grave.

Domestic altercation results in death of dog and criminal charges

Some might think that allegations of physical assault are required in order for an individual in the Bronx to be charged with domestic violence. While assault of a family member, spouse, partner or former partner will yield such charges, that is not the only offense that is similarly punishable as domestic violence. An individual can find themselves face-to-face with serious domestic violence charges for stalking, harassment, endangering the welfare of an individual and much more. The consequences of a domestic violence conviction are serious and can have lasting effects that most would like to avoid.

A Bronx resident is currently facing a slew of charges for the allegations leveled against him in relation to a domestic dispute. It appears that the 27-year-old defendant had an altercation with his girlfriend. Exactly what happen remains unknown, but the girlfriend's dog fell six stories from her apartment window.

US Supreme Court issues decision on marijuana possession and deportation

In a recent decision issued by the U.S. Supreme Court, the high court tackled the question of when it is appropriate to require mandatory deportation of legal immigrants in the United States who have been convicted of a crime.

The case at issue arose when a man was pulled over by a police officer in Georgia in 2007. The driver's parents had brought him to the United States from Jamaica when he was three years old in 1984. He had spent his entire life in the U.S., got married here and was raising five children. He was a legal resident and a Jamaican citizen.

Announcer Al Michaels charged with drunk driving

If you are a big sports fan, then you are probably familiar with some of the most favored commentators. One that has been in the business for years, however, faces serious criminal charges. This happened after a routine traffic stop.

NBC Sports announcer Al Michaels has been arrested for drunk driving charges. According to reports, the man was pulled over in his vehicle after he purportedly made an illegal U-turn.

Backlog in the Bronx can mean long waits behind bars

Unfortunately, the plight detailed last week of the 23-year-old made to waste away in prison for three years before his day in court, where he was acquitted of murder charges is, not a rare exception in the Bronx these days.

Both sides argue failings and delays are leading to injustice. While the manner that injustice manifests itself is less objective, the fact remains that criminally charged individuals can be made to wait for years with their freedom hanging in the precarious balance of the unknown.

Man waited in prison for 3 years before acquittal of Bronx murder

The criminal justice system can be a vicious cycle that ensnares innocent individuals. One 23-year-old has seen his life devastated by this truth. At 20 years old, the young man was charged with the shooting death of another young man at a party in the Bronx in 2009. The young man had no connection to the victim, but did have a criminal history that worked against him.

It was well over three years before the defendant saw his day in court for these charges -- he was made to wait in prison while the trial was continually delayed. Growing increasingly frustrated by the denial of justice, the charged man was driven to violence with other inmates and officers, saying, "What can you do besides fight back?" After 41 months in prison just waiting for a trial to address his criminal charges, the young man finally saw his day in court after stretches of punitive isolation, and thoughts of suicide.

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www.getzandbraverman.com 877-419-3070 Getz & Braverman in Bronx, New York has practiced criminal defense & personal injury law for over 40 years. Our attorneys handle both felonies and misdemeanors and a wide range of accident cases.

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