I have all kinds of trouble with DWI laws. For starters they are based on bad science. Secondly they are arbitrary. I have driven behind someone who blew a .24 on a breath test and then drove for an hour better than the so called sober people in Nassau and Queens County. I have a problem with any numeric crime based on faulty science determining if someone ought to be arrested without that person doing something wrong. (We are talking about checkpoint arrests where the only "crime" is the the breath test reading). I get tired of the "bleed em and plead em" mentality of much of the bar and the entire DA's office. I hate how DWIs have destroyed the Fourth Amendment and the laws of Evidence. Mostly I hate how it destroys people who are convicted of the crime. It is what I call "stupid crime" as there is absolutely no upside to it.
Nevertheless, it is New Year Eve. Every cop on Long Island is looking to make DWI arrests. By now you ought to know that if you are one hundred and fifty (150lbs.) pounds, you are impaired by alcohol after 2.5 drinks in 2 hours. Please tell me how you get arrested for DWI? You really have to be clueless.
In a number of these cases, people were killed or badly maimed. How hard is this really? If you are drinking, Don't Drive!! Find a designated driver, take a cab or a limo. Take Mass Transit. Stay HOME!!
Amateurs. Really.
Hattip: Newsday (subscription may be required)
Showing posts with label Suffolk County (NY). Show all posts
Showing posts with label Suffolk County (NY). Show all posts
Thursday, January 02, 2014
Thursday, December 19, 2013
Breaking News: Newsday Special Investigation Into Police Misconduct on Long Island!
Newsday has broken a major investigation into police misconduct and its failures to be properly investigated or punished. Police misconduct puts good citizens at risk and worse makes it very hard for good cops to do their jobs well. It corrupts a system.
Nassau and Suffolk have had this problem for a number of years. Whether it be the band of thugs that run the land of NO on Fire Island, or the insanity of the Nassau cop who beat and shot a taxi driver for no reason in Suffolk, or the many instances of testalying and other misconduct, it has to end.
I have regularly called for the institution of a Civilian Review Board with teeth. Now is the time. We need it here.
What do you think? How do you feel about a Civilian Review Board?
Nassau and Suffolk have had this problem for a number of years. Whether it be the band of thugs that run the land of NO on Fire Island, or the insanity of the Nassau cop who beat and shot a taxi driver for no reason in Suffolk, or the many instances of testalying and other misconduct, it has to end.
I have regularly called for the institution of a Civilian Review Board with teeth. Now is the time. We need it here.
What do you think? How do you feel about a Civilian Review Board?
Tuesday, December 17, 2013
One of the Things I Hate: Using Hate Crime Statutes to Punish Non-Hate Crimes
"During the debate on the NY Hate Crime bill, I was against the cause. It isn't that I do not think that there is something inherently wrong with a person who hurts another out of hate or prejudice, it is that : 1. I do not like to punish people for their thoughts, and 2. I know lawyers well enough to know that they cannot stand to see a statute NOT get abused.
As I predicted now comes my friend Tom Spota (DA of Suffolk County and I am not being sarcastic I've known Tom since his days as an assistant district attorney in the 70's and I really do like him even if I don't always agree with him)who seems hell bent on abusing the statute to get a greater sentence for a person who has no hate (as we define the term generally) for the person they have allegedly hurt.
Lisa Ferkovich aka the "Sweetheart Scammer" basically charms old men out of their pensions. If true, she is despicable. She evidently according to Spota picks old men b/c they are easier to scam. Hence because she targets a particular segment of society, she must be involved in hating that segment and is open to an enhanced sentence.
A close look at Article 485 of the NYS Penal Law shows that while Spota may be right about how he CAN use the law, it is far from how the law was meant to be used. The Hate Crime Statute begins with a legislative finding (I wish more laws did this) That finding is part of the law (as opposed to just a legislative history. In part it reads:
"The legislature finds and determines as follows: criminal acts
involving violence, intimidation and destruction of property based upon
bias and prejudice have become more prevalent in New York state in
recent years. The intolerable truth is that in these crimes, commonly
and justly referred to as "hate crimes", victims are intentionally
selected, in whole or in part, because of their race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation. Hate crimes do more than threaten the safety and
welfare of all citizens. They inflict on victims incalculable physical
and emotional damage and tear at the very fabric of free society. Crimes
motivated by invidious hatred toward particular groups not only harm
individual victims but send a powerful message of intolerance and
discrimination to all members of the group to which the victim belongs."
Reading the first sentence one gets the idea that the legislature was trying to limit the use of the statute to our understanding of hate. Prejudice and Bias. So far so good. The sentence that begins "Crimes motivated by invidious hatred toward particular groups..." also fits the definition of a hate crime however in between, there is the line "... victims are intentionally selected, in whole or in part, because of their race, color, national
origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation."
That segment if read as part of the entire document seems to be consistent with the idea that one must have an invidious hatred in targeting a group however that is not how Spota wants to use the law. He wants to say that the targeting in and of itself is enough to trigger the enhancement. In other words he perverts the statute by suggesting that the targeting vitiates the need to prove "actual hate". The sad thing is that some courts (mostly in Queens County) see it the same way. I humbly think that if this is how the law is going to be used, then the whole thing needs to be thrown out.
Hate crimes are hard enough to define now. Sure there are easy ones, the KKK attacks a black man and his family for instance. Pretty easy to follow. Less so in a bar fight where someone calls some one a cracker or a "N" word in the middle of the fight. Heat of the moment or invidious hatred toward another group?
Assuming that the "reason" someone commits and act is a valid use of a sentencing enhancement, shouldn't that reason be clear? Does someone hate another group because he or she uses inappropriate epitaphs in the heat of the moment?
In the case of Ms. Ferkovich, does she hate old people or old men just because her scam is in part to target them? I do not think so. I think she does target old men because she is not going to succeed in targeting younger men (Her picture is not flattering) and they may not find her compliments as flattering or they may see through her or who knows maybe they do not want to have her as a companion. I do not see this as a dislike of older men. I see this as part of the crime itself, but it is a targeting. How it differs from her targeting men in general is unclear.
Put a different way, does a prostitute commit a hate crime because she targets johns??
IF the article is correct and complete, there appears to be no hate. If Spota is right then there needn't be any. If the law's general use is to be based not on hate but on targeting then it is a stupid unnecessary law. Every crime has a target. If he wants tougher sentencing he ought to lobby the legislature to get it. Abusing the hate crime law is wrong. The problem is, if she is guilty it is hard to find any compassion for this woman. That doesn't mean we should pervert our laws in order to get her for more time.
Funny.., I think Spota is over 60 now...
Let me know how you feel about the Hate Crimes Statute and this use of it in the comments below.
As I predicted now comes my friend Tom Spota (DA of Suffolk County and I am not being sarcastic I've known Tom since his days as an assistant district attorney in the 70's and I really do like him even if I don't always agree with him)who seems hell bent on abusing the statute to get a greater sentence for a person who has no hate (as we define the term generally) for the person they have allegedly hurt.
Lisa Ferkovich aka the "Sweetheart Scammer" basically charms old men out of their pensions. If true, she is despicable. She evidently according to Spota picks old men b/c they are easier to scam. Hence because she targets a particular segment of society, she must be involved in hating that segment and is open to an enhanced sentence.
A close look at Article 485 of the NYS Penal Law shows that while Spota may be right about how he CAN use the law, it is far from how the law was meant to be used. The Hate Crime Statute begins with a legislative finding (I wish more laws did this) That finding is part of the law (as opposed to just a legislative history. In part it reads:
"The legislature finds and determines as follows: criminal acts
involving violence, intimidation and destruction of property based upon
bias and prejudice have become more prevalent in New York state in
recent years. The intolerable truth is that in these crimes, commonly
and justly referred to as "hate crimes", victims are intentionally
selected, in whole or in part, because of their race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation. Hate crimes do more than threaten the safety and
welfare of all citizens. They inflict on victims incalculable physical
and emotional damage and tear at the very fabric of free society. Crimes
motivated by invidious hatred toward particular groups not only harm
individual victims but send a powerful message of intolerance and
discrimination to all members of the group to which the victim belongs."
Reading the first sentence one gets the idea that the legislature was trying to limit the use of the statute to our understanding of hate. Prejudice and Bias. So far so good. The sentence that begins "Crimes motivated by invidious hatred toward particular groups..." also fits the definition of a hate crime however in between, there is the line "... victims are intentionally selected, in whole or in part, because of their race, color, national
origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation."
That segment if read as part of the entire document seems to be consistent with the idea that one must have an invidious hatred in targeting a group however that is not how Spota wants to use the law. He wants to say that the targeting in and of itself is enough to trigger the enhancement. In other words he perverts the statute by suggesting that the targeting vitiates the need to prove "actual hate". The sad thing is that some courts (mostly in Queens County) see it the same way. I humbly think that if this is how the law is going to be used, then the whole thing needs to be thrown out.
Hate crimes are hard enough to define now. Sure there are easy ones, the KKK attacks a black man and his family for instance. Pretty easy to follow. Less so in a bar fight where someone calls some one a cracker or a "N" word in the middle of the fight. Heat of the moment or invidious hatred toward another group?
Assuming that the "reason" someone commits and act is a valid use of a sentencing enhancement, shouldn't that reason be clear? Does someone hate another group because he or she uses inappropriate epitaphs in the heat of the moment?
In the case of Ms. Ferkovich, does she hate old people or old men just because her scam is in part to target them? I do not think so. I think she does target old men because she is not going to succeed in targeting younger men (Her picture is not flattering) and they may not find her compliments as flattering or they may see through her or who knows maybe they do not want to have her as a companion. I do not see this as a dislike of older men. I see this as part of the crime itself, but it is a targeting. How it differs from her targeting men in general is unclear.
Put a different way, does a prostitute commit a hate crime because she targets johns??
IF the article is correct and complete, there appears to be no hate. If Spota is right then there needn't be any. If the law's general use is to be based not on hate but on targeting then it is a stupid unnecessary law. Every crime has a target. If he wants tougher sentencing he ought to lobby the legislature to get it. Abusing the hate crime law is wrong. The problem is, if she is guilty it is hard to find any compassion for this woman. That doesn't mean we should pervert our laws in order to get her for more time.
Funny.., I think Spota is over 60 now...
Let me know how you feel about the Hate Crimes Statute and this use of it in the comments below.
Sunday, April 04, 2010
Happy Easter, The Lord Has Risen. Will You Help a Mom Of Two Find A Bone Marrow Donor?
Christ has risen. I am in a hopeful mood. Maybe it is the sudden turn in the weather, or maybe it is the good food mom serves on Easter Sunday. Either way, I am blogging again for better or worse. If you want to know where I've been, I have been trying cases left and right.
I tried a Rape case (statutory) in Queens and a Retaliation Employment Harassment case in the US District Court Eastern District of New York in the Central Islip NY (that is in Suffolk County for the uninitiated).
The results in the former case were mixed but not up to what I had hoped. In the latter case the case went well despite the pleadings which were filed "Pro Se" (by the client without the aid of an attorney.) These were my Third and Fourth Trial since December 17th 2009. I have two more scheduled in April, both of which will go to trial. Both are in Nassau County NY. May will bring Mother's day, Graduation of my eldest and in the latter part of the month a huge Prisoner's Rights, Civil Rights trial in Syracuse NY. June and early July is filled with two very interesting trials in Riverhead (Suffolk.) In between I was just a team leader for the week long,NYSBA Young Lawyer Trial Advocacy program at Cornell Law School. Wow I am tired, lol
I don't usually blog my cases until they are over, lest some juror read it "by accident." I think I will continue that habit, although I will be mentioning some of the issues I am running into if I think they are interesting enough.
In the meantime, I have a received a request to help find a Bone Marrow match for Thespina Pontisakos. She is a wife of an attorney and a mom of two sons. Thespina has Myelodysplastic Syndrome(MDS) and she will die if we don't find a donor match. Be the remedy. Join the registry. (Go to the link above and enter the Promo Code: helpthespina
You see, if the match is found, and Thespina gets the Bone Marrow transplant, Thespina lives, if not she dies. That seems easy enough. Try to help, it is almost painless to find out if you match. If you match, you will have the power to save a life. If you don't match Thespina, maybe you can save someone else. Either way, it appears to be an easy choice.
If you are going to be registering, or have registered already, and want to leave a thought or two here, I will publish them. Meanwhile, please, spread the word.
TLD
I tried a Rape case (statutory) in Queens and a Retaliation Employment Harassment case in the US District Court Eastern District of New York in the Central Islip NY (that is in Suffolk County for the uninitiated).
The results in the former case were mixed but not up to what I had hoped. In the latter case the case went well despite the pleadings which were filed "Pro Se" (by the client without the aid of an attorney.) These were my Third and Fourth Trial since December 17th 2009. I have two more scheduled in April, both of which will go to trial. Both are in Nassau County NY. May will bring Mother's day, Graduation of my eldest and in the latter part of the month a huge Prisoner's Rights, Civil Rights trial in Syracuse NY. June and early July is filled with two very interesting trials in Riverhead (Suffolk.) In between I was just a team leader for the week long,NYSBA Young Lawyer Trial Advocacy program at Cornell Law School. Wow I am tired, lol
I don't usually blog my cases until they are over, lest some juror read it "by accident." I think I will continue that habit, although I will be mentioning some of the issues I am running into if I think they are interesting enough.
In the meantime, I have a received a request to help find a Bone Marrow match for Thespina Pontisakos. She is a wife of an attorney and a mom of two sons. Thespina has Myelodysplastic Syndrome(MDS) and she will die if we don't find a donor match. Be the remedy. Join the registry. (Go to the link above and enter the Promo Code: helpthespina
You see, if the match is found, and Thespina gets the Bone Marrow transplant, Thespina lives, if not she dies. That seems easy enough. Try to help, it is almost painless to find out if you match. If you match, you will have the power to save a life. If you don't match Thespina, maybe you can save someone else. Either way, it appears to be an easy choice.
If you are going to be registering, or have registered already, and want to leave a thought or two here, I will publish them. Meanwhile, please, spread the word.
TLD
Friday, November 28, 2008
Nassau DWI Arrests Spike on Thanksgiving Eve: Some Thoughts From That Lawyer Dude
Nassau County Police announced that their DWI arrests spiked by 300 percent. Nassau Police usually average about 10 arrests a night however on November 25th police arrested 35 people in Nassau County alone. Suffolk County numbers are not available.
Nassau Police are targeting bars and restaurants in Nassau over the Thanksgiving Holiday season. They have increased patrols and are "sitting" on bars waiting for patrons to stop.
Attorneys in Nassau have told me, (and I have heard from prospective clients) that Nassau police are stopping cars as they leave these bars and restaurants frequented by students. After the stop, if they do not suspect a DWI they let the drivers go.
What is the probable cause for these other stops?? While it may be important to keep drunk drivers off the road, it should not be done at the cost of liberty for those that are not drunk. It is often said that DWI appears to be an exception to the US Constitution for police and prosecutors.
If you are stopped for at either a DWI Checkpoint or by a police officer "sitting" on a bar or restaurant whether you have been drinking or not, I tell my clients:
1. Be polite. Sit in your car and roll down your window. Allow the officer to speak and if asked be ready to produce your License and Registration quickly. Police take fumbling as a sign of intoxication.
2. If asked if you have been drinking, and if you have been drinking, ask if you are under arrest. If the answer is no, then ask if you may leave. If the answer is no then refuse to answer the "have you been drinking" question without first speaking to a lawyer. (Invoking your 6th amendment right to counsel.)Whatever you do, DO NOT SAY HOW MUCH YOU HAVE BEEN DRINKING. Remember it is not illegal to drink and drive (unless you are under 21 years old). It is however illegal to drink and drive drunk. DO not offer to give any amount of drinks. It will not help and always ALWAYS hurts.
3. If asked to get out of the vehicle to perform Standardized Field Sobriety Tests (SFST), again ask if you are under arrest. If the answer is no, then politely tell the officer you do not want to participate in those tests. If you are told that the officer is conducting an investigation, you should again tell the officer you do not wish to participate in these tests as a violation of your 5th amendment right to remain silent.
4. If you do take the SFST listen to the instructions carefully. An SFST is a series of tests. So even if you do well on one or two you can still "fail" the test. Also Remember: You will fail the test even if you do everything the officer said to do, if you do not do it exactly as he says to do it. REMEMBER, YOU ARE NOT ONLY BEING JUDGED ON WHAT YOU DO, BUT ON HOW YOU DO IT. THEY WILL FAIL YOU FOR THINGS THEY DO NOT TELL YOU ABOUT.
For example, they will fail you if you use your arms to steady yourself even though they do not tell you that. They will fail you if you do anything they do not tell you specifically that you can do. In other words, even though they seem to be testing your ability to do certain tasks, they are really testing your ability to do ONLY the task the way they want you to do it. Any change in the way they tell or show you to do the test will result in your failing the test.
5. If asked to follow a pen or pencil or light, refuse the test under your fifth amendment right. You are not required to provide evidence against yourself. You do not have to participate in the Horizontal Gaze Nystagmus (HGN)exam. It is not an accurate test. Do not take the test as there is no record of how you did on it except for the police officer's recollection. This is exceptionally unfair. Do not take this test.
6. If arrested or detained, you do not have a right to refuse the actual breath test. However, do not take a portable breath test. It is so notoriously inaccurate that it is not allowed as evidence at a trial. IT IS Allowed in during a pre-trial hearing or even a bail hearing. It is better to refuse the Portable test (which is a hand held device not connected to a bigger machine)and take the actual Intoxylizer or Breathylizer test.
7. If you are in a car accident and THINK you will fail the test, . I recommend to my clients that they DO NOT TAKE IT. Yes you will not have a license for 1 year, and yes you will not get a plea offer in Nassau or Suffolk, but, if you are in an accident you will not get an offer anyway and you have a better chance of winning at trial if you do not have a Blood Alcohol Content (B.A.C.) reading above the limit which is .08 If you have been drinking and are in an accident and do not want to have a criminal record, plan on going to trial. Yes it is costly, so is having a criminal record and so is being convicted of a driving arrest. Going to trial is in the long run less expensive. You have a good chance of winning your case if you go to trial despite what the media and the "Mothers" (MADD) say.
IF you want to increase your knowledge of your BAC log on here
8. Finally, the faster you get a lawyer the better. Once you are arrested, the police will take your cellphone from you so having a lawyers number in your phone will not help. Either memorize the number or put the number in your wallet or purse. (I advise my clients to tattoo it to their feet.)JOKE!! (kinda)
9. If you do not have a lawyer and are arrested in NYC (you know, Manhattan, Booklyn, Queens Bronx or Staten Island) or on Long Island
(Nassau or Suffolk Counties) or even anywhere else in the state of New York, you are welcome to call me at 516-741-3400 I am at 180 Froehlich Farm Blvd Woodbury NY 11797 and this paragraph is a legal Advertisement.
You can follow my daily tweets on Twitter by logging into www.twitter.com/thatlawyerdude (no spaces). If you don't know what I am talking about, Find out about twitter.
Nassau Police are targeting bars and restaurants in Nassau over the Thanksgiving Holiday season. They have increased patrols and are "sitting" on bars waiting for patrons to stop.
Attorneys in Nassau have told me, (and I have heard from prospective clients) that Nassau police are stopping cars as they leave these bars and restaurants frequented by students. After the stop, if they do not suspect a DWI they let the drivers go.
What is the probable cause for these other stops?? While it may be important to keep drunk drivers off the road, it should not be done at the cost of liberty for those that are not drunk. It is often said that DWI appears to be an exception to the US Constitution for police and prosecutors.
If you are stopped for at either a DWI Checkpoint or by a police officer "sitting" on a bar or restaurant whether you have been drinking or not, I tell my clients:
1. Be polite. Sit in your car and roll down your window. Allow the officer to speak and if asked be ready to produce your License and Registration quickly. Police take fumbling as a sign of intoxication.
2. If asked if you have been drinking, and if you have been drinking, ask if you are under arrest. If the answer is no, then ask if you may leave. If the answer is no then refuse to answer the "have you been drinking" question without first speaking to a lawyer. (Invoking your 6th amendment right to counsel.)Whatever you do, DO NOT SAY HOW MUCH YOU HAVE BEEN DRINKING. Remember it is not illegal to drink and drive (unless you are under 21 years old). It is however illegal to drink and drive drunk. DO not offer to give any amount of drinks. It will not help and always ALWAYS hurts.
3. If asked to get out of the vehicle to perform Standardized Field Sobriety Tests (SFST), again ask if you are under arrest. If the answer is no, then politely tell the officer you do not want to participate in those tests. If you are told that the officer is conducting an investigation, you should again tell the officer you do not wish to participate in these tests as a violation of your 5th amendment right to remain silent.
4. If you do take the SFST listen to the instructions carefully. An SFST is a series of tests. So even if you do well on one or two you can still "fail" the test. Also Remember: You will fail the test even if you do everything the officer said to do, if you do not do it exactly as he says to do it. REMEMBER, YOU ARE NOT ONLY BEING JUDGED ON WHAT YOU DO, BUT ON HOW YOU DO IT. THEY WILL FAIL YOU FOR THINGS THEY DO NOT TELL YOU ABOUT.
For example, they will fail you if you use your arms to steady yourself even though they do not tell you that. They will fail you if you do anything they do not tell you specifically that you can do. In other words, even though they seem to be testing your ability to do certain tasks, they are really testing your ability to do ONLY the task the way they want you to do it. Any change in the way they tell or show you to do the test will result in your failing the test.
5. If asked to follow a pen or pencil or light, refuse the test under your fifth amendment right. You are not required to provide evidence against yourself. You do not have to participate in the Horizontal Gaze Nystagmus (HGN)exam. It is not an accurate test. Do not take the test as there is no record of how you did on it except for the police officer's recollection. This is exceptionally unfair. Do not take this test.
6. If arrested or detained, you do not have a right to refuse the actual breath test. However, do not take a portable breath test. It is so notoriously inaccurate that it is not allowed as evidence at a trial. IT IS Allowed in during a pre-trial hearing or even a bail hearing. It is better to refuse the Portable test (which is a hand held device not connected to a bigger machine)and take the actual Intoxylizer or Breathylizer test.
7. If you are in a car accident and THINK you will fail the test, . I recommend to my clients that they DO NOT TAKE IT. Yes you will not have a license for 1 year, and yes you will not get a plea offer in Nassau or Suffolk, but, if you are in an accident you will not get an offer anyway and you have a better chance of winning at trial if you do not have a Blood Alcohol Content (B.A.C.) reading above the limit which is .08 If you have been drinking and are in an accident and do not want to have a criminal record, plan on going to trial. Yes it is costly, so is having a criminal record and so is being convicted of a driving arrest. Going to trial is in the long run less expensive. You have a good chance of winning your case if you go to trial despite what the media and the "Mothers" (MADD) say.
IF you want to increase your knowledge of your BAC log on here
8. Finally, the faster you get a lawyer the better. Once you are arrested, the police will take your cellphone from you so having a lawyers number in your phone will not help. Either memorize the number or put the number in your wallet or purse. (I advise my clients to tattoo it to their feet.)JOKE!! (kinda)
9. If you do not have a lawyer and are arrested in NYC (you know, Manhattan, Booklyn, Queens Bronx or Staten Island) or on Long Island
(Nassau or Suffolk Counties) or even anywhere else in the state of New York, you are welcome to call me at 516-741-3400 I am at 180 Froehlich Farm Blvd Woodbury NY 11797 and this paragraph is a legal Advertisement.
You can follow my daily tweets on Twitter by logging into www.twitter.com/thatlawyerdude (no spaces). If you don't know what I am talking about, Find out about twitter.
Wednesday, September 17, 2008
From the Headlines on Long Island
Busy day in the courts on Long Island.
Newsday reports that former NY Giant receiver and Superbowl hero Mark Ingram was sentenced to 7 years 8 months for trying to launder money for people he thought were drug dealers. They were in fact FBI undercover agents. The crimes took place in Florida and New York. EDNY Judge Hurley was not moved by Ingram's off or on field heroics (Ingram played a big part in the Giants Superbowl win in 1991 over the Buffalo Bills.
Ingram's life since retirement has been bizarre. He has been jailed for a number of crimes including breaking into a car to steal a pocketbook. I understand he went through three assigned attorneys and wrote a very bizarre motion. I wonder if he is not somehow mentally ill. Finally, he went through an awful lot of money. He has to be indigent to get a free lawyer. This is a sad and bizarre story.
Speaking of bizarre cases, Nassau County District Attorney Kathleen Rice continues to misuse the law to forward her crazy views of DWI cases. Getting a conviction for Murder in the Second Degree, the court (Peck J.) sentenced the defendant Franklin McPherson, to Twenty Five years to life. Interesting given the fact that while the behavior was considered very reckless by the jury (a decision that will be over turned in my humble opinion because it was given an incorrect jury charge and a charge that was changed after summations were completed a No NO) that is the maximum. If we sentence to the maximum for reckless conduct, what does that leave us for intentional conduct??
Anyway, you can catch more on this story here
By the way Judge, I think 25 years is too long for a 20 year old kid who did not act intentionally. We are giving up on a 20 year old is really not a conservative concept. Do we really think this person has no value to us as a community?? Hopefully this case gets overturned soon.
Finally a case that does make some sense. Suffolk County Court Judge James Hudson, properly sentenced a man to probation in a devastating accident caused by his intoxication. His wife who was severely injured begged Judge Hudson and the Suffolk county District Attorney Thomas Spota for leniency for her husband and father of her two children. She told them she needs him home to care for her. The court and District Attorney agreed.
What I find interesting here is that DA Spota only charged the appropriate charge of vehicular assault and not the higher but legally unwarranted and vindictive Assault 2d degree. I am in a case right now with DA Kathleen Rice and just as she did in the McPearson case above, she has illegally over-charged the case. I am hoping the court agrees that we should have a vehicular assault charge only for accidents that happen while one is intoxicated. If Assault 2d degree were the appropriate charge why would we have a second separate charge? Well I guess while we pay more in taxes, Ms. Rice will continue to waste our taxpayers money to fight her insane,politically motivated and legally irrational march against the citizenry.
TLD.
Edited to make a few sentences make more sense.
Newsday reports that former NY Giant receiver and Superbowl hero Mark Ingram was sentenced to 7 years 8 months for trying to launder money for people he thought were drug dealers. They were in fact FBI undercover agents. The crimes took place in Florida and New York. EDNY Judge Hurley was not moved by Ingram's off or on field heroics (Ingram played a big part in the Giants Superbowl win in 1991 over the Buffalo Bills.
Ingram's life since retirement has been bizarre. He has been jailed for a number of crimes including breaking into a car to steal a pocketbook. I understand he went through three assigned attorneys and wrote a very bizarre motion. I wonder if he is not somehow mentally ill. Finally, he went through an awful lot of money. He has to be indigent to get a free lawyer. This is a sad and bizarre story.
Speaking of bizarre cases, Nassau County District Attorney Kathleen Rice continues to misuse the law to forward her crazy views of DWI cases. Getting a conviction for Murder in the Second Degree, the court (Peck J.) sentenced the defendant Franklin McPherson, to Twenty Five years to life. Interesting given the fact that while the behavior was considered very reckless by the jury (a decision that will be over turned in my humble opinion because it was given an incorrect jury charge and a charge that was changed after summations were completed a No NO) that is the maximum. If we sentence to the maximum for reckless conduct, what does that leave us for intentional conduct??
Anyway, you can catch more on this story here
By the way Judge, I think 25 years is too long for a 20 year old kid who did not act intentionally. We are giving up on a 20 year old is really not a conservative concept. Do we really think this person has no value to us as a community?? Hopefully this case gets overturned soon.
Finally a case that does make some sense. Suffolk County Court Judge James Hudson, properly sentenced a man to probation in a devastating accident caused by his intoxication. His wife who was severely injured begged Judge Hudson and the Suffolk county District Attorney Thomas Spota for leniency for her husband and father of her two children. She told them she needs him home to care for her. The court and District Attorney agreed.
What I find interesting here is that DA Spota only charged the appropriate charge of vehicular assault and not the higher but legally unwarranted and vindictive Assault 2d degree. I am in a case right now with DA Kathleen Rice and just as she did in the McPearson case above, she has illegally over-charged the case. I am hoping the court agrees that we should have a vehicular assault charge only for accidents that happen while one is intoxicated. If Assault 2d degree were the appropriate charge why would we have a second separate charge? Well I guess while we pay more in taxes, Ms. Rice will continue to waste our taxpayers money to fight her insane,politically motivated and legally irrational march against the citizenry.
TLD.
Edited to make a few sentences make more sense.
Texting While Driving: A Law That Makes Sense, A Statement I May Come to Regret.
If you text and drive in Suffolk County NY (and soon in Nassau County too) you will get stopped by police and given a very expensive ticket. One Hundred Fifty Dollars to be exact.
Unlike the cell phone ban while driving which I am basically against, this bill makes sense. I am guilty of it, and I probably will be again although I am trying to break the habit. It makes sense because it requires way too much of the driver's attention to successfully send text messages. OTOH, maybe it is time for Cell phone makers to invent a cell phone that converts voice into text messages... It would be safer and infact the technology exists. The big problem with text messaging is that it requires that the text sender look at the screen to perform the various tasks necessary to send the text. Unlike the phone call which can be programmed, the text message needs you to choose the option to test add the person you want to text and after typing out the message send the message. It also requires the sender to read responses.
As a police official points out, the proof of texting leaves a trail and that makes it easy to prove. More importantly, given the speed people drive at and the damage that can happen in such a short time, this law makes eminent sense. I will be working hard to break this habit before I hurt someone or me.
Texting while driving... DON'T DO IT!!
Hattip: The Gothamist
Unlike the cell phone ban while driving which I am basically against, this bill makes sense. I am guilty of it, and I probably will be again although I am trying to break the habit. It makes sense because it requires way too much of the driver's attention to successfully send text messages. OTOH, maybe it is time for Cell phone makers to invent a cell phone that converts voice into text messages... It would be safer and infact the technology exists. The big problem with text messaging is that it requires that the text sender look at the screen to perform the various tasks necessary to send the text. Unlike the phone call which can be programmed, the text message needs you to choose the option to test add the person you want to text and after typing out the message send the message. It also requires the sender to read responses.
As a police official points out, the proof of texting leaves a trail and that makes it easy to prove. More importantly, given the speed people drive at and the damage that can happen in such a short time, this law makes eminent sense. I will be working hard to break this habit before I hurt someone or me.
Texting while driving... DON'T DO IT!!
Hattip: The Gothamist
Tuesday, April 22, 2008
Deed Piracy: A Particularly Cruel Type of Mortgage Fraud
With the advent of the "Depression of 2008", there are a lot of desperate homeowners in Suffolk (NY) and Nassau (NY) counties who are facing foreclosure. It is one thing to lose your money or your friends. It is quite another to lose the home and memories you've grown to love. In the poorer neighborhoods of Long Island and in places like Brooklyn and Richmond Hills in Queens there is a new monster crawling around. The Deed Pirate. Pretending to be an a rescuer for troubled homeowners, this monster is really a wolf in lambs clothing. These people are pirates of a new type. These deed pirates can steal your home out from underneath you.
According to a recent FBI Study (see here) New York is one the ten hottest Mortgage Fraud venues.
Deed Piracy aka Foreclosure Rescue is an emerging real-estate scam that strips desperate homeowners of title to their houses and any equity they may have in it. Here's an example of how it's done.
1. Homeowner falls behind in mortgage payments and the house goes into foreclosure. The foreclosure becomes a matter of public record.
2. Homeowner is approached by a scammer who identifies himself as a "mortgage broker." The scammer offers to refinance the house, pay off the loan and rescue the house from foreclosure. He comes in like an angel. Watch out, he is the devil in disguise.
3. At the closing of the new loan, the scammer tricks the homeowner into signing a "quit claim" that transfers ownership to the scammer. That is done in a number of ways:
a. Scammer will falsely convince homeowners that they will reclaim title as their credit improves.
b. Quit claim can be stashed among a number of other papers to sign.
c. Scammer forges owner's signature on quit claim.
4. Once title is held in another name, the proceeds from the new mortgage are easily diverted to the scammer.
5. Scammer begins eviction proceedings against the duped homeowner.
The protection against this type of predatory lending scam artist is simple.
I. First only work with a lawyer who is knowledgable about real estate. Stay away from Realty Agents who try to steer you to a specific Mortgage Broker or Lawyer. (You can find excellent lawyers and see how they rate at this site)
II. Only sign documents that clearly state that your signature is dependent on a co-signature by your lawyer. The Document should also say that it is self expiring within 3 days if it is not also signed by or replaced by a legal document approved by you lawyer.
III. Review and get a copy of every document at any closing you attend. It is popular for Mortgage brokers and even some banks to tell borrowers that they do not need their own attorneys for re-fi closings. WROOOOONG!!!!! Your failure to get a lawyer of your own marks you as an easy fraud victim. Get a GOOD LAWYER.
IV. Tape record all meetings and phone calls with the Mortgage Broker or representative.
V. Be very wary of straw buyers. These are people who the Broker pays some money from your re-fi to for their willingness to lend their credit score to get the loan. If a bank will not give you a mortgage on your score, you do not substitute another mortgagor, you get a guarantor to sign on to the loan. You will be told it is more expensive. It is. It is also the only legal way to do this. Straw buyers are illegal and if you agree to them, you are part of the Mortgage Fraud. You can be prosecuted by a New York City or Long Island District Attorney's Office or by the New York State Attorney General or even by the United State's Attorney's Office in Central Islip, Brooklyn, New York City (Manhattan) or White Plains. Do not deal with Straw buyers.
I will have more to say about Mortgage Fraud in Nassau and Suffolk Counties as well as Mortgage frauds in Manhattan Queens Brooklyn and the Bronx in the coming days. (It is a big part of our practice and we want to make sure that both those who are victims and those who are wrongly or innocently accused get a fair shake.
For Our previous blog postings on this issue see this
For more on the Long Island Foreclosures and on the Real Estate Market in Nassau and Suffolk in general take a look at a Newsday Blog called Real LI
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