New York Criminal Defense Attorney Blog

Donte Stallworth, the Cleveland Browns star wide receiver, began serving a 30 day jail term this week in Miami, Florida after his guilty plea to DWI manslaughter in connection with the death of 59 year old construction worker Mario Reyes. On March 14, 2009, after a night of drinking at Miami's Fountainebleau Hotel, Stallworth drove his 2005 Bentley while intoxicated, striking Mr. Reyes, who had just finished his shift as a crane operator and was attempting to catch a bus near the hotel. Stallworth stopped his vehicle after the crash and admitted to officers that he had struck Mr. Reyes. Stallworth's blood alcohol content (BAC) was determined to be .126, well in excess of Florida's .08 limit.

After his release from jail, Stallworth must complete two years of house arrest, (which will allow him to continue his NFL career) and be on probation for eight years. In addition to the 30 day jail sentence, Stallworth must undergo drug and alcohol testing, will have a lifetime suspension of his driver's license, and must perform 1,000 hours of community service. Had Stallworth gone to trial on the charges and lost, he faced up to 15 years in jail. Apparently, after five years, Mr. Stallworth may have an opportunity to obtain a conditional license to drive to and from work if he successfully complies with all conditions of his sentence and has no other charges. Reportedly, Mr. Stallworth has also worked out a financial settlement with the Reyes family.

Contact the Criminal Defense lawyers at the White Plains, New York Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation if you or a loved one has been charged with a crime in New York

New York State Senator Hiram Monserrate is facing New York felony assault charges after a Queens County grand jury indictment on March 23, 2009. The indictment charges that on December 19 of last year, Mr. Monserrate assaulted his girlfriend Karla Girardo with a drinking glass, causing a gash that required 20 stitches to close.

Both Monserrate and Girardo have denied the charges, claiming that the incident occurred when Mr. Monserrate fell while bringing Girardo a glass of water. Monserrate alleges that the charges of New York assault are politically motivated due to a "vendetta" that Queens District Attorney Richard Brown has against him. The A.D.A. prosecuting the case pointed to a video showing Ms. Girardo coming out of an apartment with a towel to her face and Monserrate yanking her away as she tries to hold onto a banister as proof that the injury was not an accident. Further, prosecutors stated that Ms. Girardo told hospital personnel that Monserrate had struck her with a broken glass. If convicted on the felony assault charges, Mr. Monserrate faces up to seven years in prison.

Contact the White Plains criminal defense lawyers at The Law Office of Mark A. Siesel online or toll free at 888-761-7633 if you or a loved one have been charged with a crime for a free consultation with an experienced, knowledgeable lawyer to discuss your legal rights and options.

Scott Siegel, who ironically portrayed a steroids dealer in the Oscar nominated movie "The Wrestler", is facing federal drug charges in New York after leading federal and local authorities in a wild chase in his Cadillac Escalade through Eastchester this past Wednesday evening. Mr. Siegel allegedly rammed police cruisers, crashed through a wood fence and ran through the streets of Eastchester in an effort to avoid capture by DEA agents, who contacted local police to assist in the apprehension of Siegel. It is also alleged that Siegel managed to shake off a Westchester Task Force agent who had grabbed on to the passenger door, and drove straight at an other officer in an attempt to run the officer down.

Mr. Siegel is being charged with distribution of steroids, and assaulting a federal officer, both of which are felonies under state and federal law. Federal agents claimed that they recovered 1,500 bottles of steroids and $150,000 in cash at Siegel's parents' home in New Rochelle.

Based on two prior convictions for illegal drugs, as well as his attempt at flight, Siegel was denied bail by U.S. Magistrate Judge George Yanthis on February 19th, and was returned to the Westchester County jail.

Continue reading "'Wrestler" Actor Faces Federal Drug Charges In New York" »

On December 21, 2008, star guard Jason Richardson of the Phoenix Suns was charged with DWI in downtown Phoenix. Richardson was arrested after he was allegedly observed drifting between lanes in his 2008 Mercedes. He is accused of having a BAC (blood alcohol content) in excess of .08. In New York, Mr. Richardson would be facing potential revocation of his driver's license for 6 months and fines in the range of $750-$1,000 if convicted on a DWI charge. However, on a first drunk driving offense in New York, and if no one was injured and there was no property damage, Mr. Richardson would be eligible for a DWAI (driving while ability impaired). A DWAI is a traffic violation, not a misdemeanor, and results in a 90 day suspension of the driver's license instead of a 6 month revocation, and significantly reduced fines of approximately $500 including surcharges.

Former NBA star Antoine Walker was charged with suspicion of drunk driving in Miami Beach in the early morning on January 5, 2009. Walker was allegedly driving a black Mercedes without headlights on when he was pulled over by local police. Officers detected a strong odor of alcohol, and Mr. Walker refused a chemical test of his breath. He was being held on $1,000 bond. If the refusal occurred in New York, there is a potential penalty of a one year revocation of his driver's license, and there is a separate administrative license hearing regarding the refusal which is conducted within ten days of the arrest at the Department of Motor Vehicles.

Continue reading "Former and Current NBA Stars Charged with Drunk Driving" »

Lillo Brancato Jr., the 32 year old actor known for his roles in the movie "A Bronx Tale" and in the T.V. series the "Sopranos", was found not guilty of a Bronx County second degree murder charge and weapons possession on December 22, 2008. Brancato was accused of felony murder in the December 10, 2005 fatal shooting of off duty police officer Daniel Enchautegui, who confronted Brancato and his friend Steve Armento as they were breaking in to the apartment of an alleged friend of Brancato's to get drugs.

Officer Enchautegui, sleeping next door, was awakened by the breaking glass, and confronted Armento and Brancato. In the ensuing shootout, Armento shot Officer Enchautegui in the chest with a .357 caliber handgun, killing him. Armento was convicted of the first degree murder of Officer Enchautegui in a separate trial, and was sentenced earlier this month to life in prison without parole.

Brancato was convicted of attempted burglary, which is a Class C felony under the Penal Law of New York State, and carries a minimum sentence of 3 years. However, Brancato has been incarcerated since the shooting three years ago, and may get credit for time served. He is due in Court for sentencing by Judge Martin Marcus on January 9, 2009.

Continue reading "Brancato Found Not Guilty In Bronx County Murder Trial" »

New York Jets Defensive Captain Shaun Ellis has been charged with marijuana possession, driving without insurance and speeding in Hanover Township, New Jersey. On November 30th, Ellis was driving on Route 287 South at approximately 8:30 AM when he allegedly approached a police cruiser at high speed, passed the vehicle, and was pulled over for speeding. When Hanover Township troopers searched the vehicle, they found an unspecified amount of marijuana, and determined that Mr. Ellis did not have proof of insurance for his vehicle.

Mr. Ellis has issued an apology to Jets fans and the organization through a Jets spokesman, stating that he has "to be responsible for my actions." Ellis is a 9 year veteran and played in the 2003 Pro Bowl. The Jets have not stated whether they intend to take any disciplinary action against Ellis, noting that the matter will be handled by the NFL, who could suspend Ellis.

Had Ellis been arrested on a New York marijuana possession charge, under article 221 of the New York Penal law, if he were found guilty, the range of penalties is from up to three months in jail for possession of 25 grams (a class B misdemeanor) to a maximum of a 15 year jail sentence if the amount of marijuana was 10 pounds or more (C felony pursuant to Penal Law Section 221.30).

Continue reading "New York Jet's Defensive Lineman Charged With Marijuana Possession" »

New York Giants star wide receiver Plaxico Burress is in serious legal jeopardy, facing two counts of illegal weapons possession in New York which could land him in prison for a minimum of 3 1/2 years. This past Saturday, Burress went to the Latin Quarter nightclub in Manhattan, accompanied by teammates Antonio Pierce and Ahmad Bradshaw. At approximately 1:00 AM, when security guards questioned whether Burress had a weapon, Burress reached for his .40 caliber Glock and accidentally shot himself in the right thigh. He was treated at the New York-Presbyterian Hospital for his injuries and released.

On December 1st, Mr. Burress was booked, handcuffed and arraigned in Manhattan Criminal Court on two counts of illegal weapons possession, pursuant to Section 265 of the New York Penal Law. Apparently, Mr. Burress did not have a permit for the Glock semiautomatic pistol. Burress was released after posting $100,000 bail, and is due back in Court on March 31, 2009. The Giants have suspended Burress without pay, fined him and placed him on the reserve list for a non-football injury, effectively ending his season and in all likelihood, his career with the Giants.

Interestingly, had this incident occurred just two years ago, New York judges had the option of not imposing any jail time on defendants found guilty of illegal possession of a loaded firearm. However, due to pressure from Mayor Michael Bloomberg and others, in November of 2006, Governor Pataki signed into law a provision which made illegal possession of a firearm the legal equivalent of robbery or burglary, a C felony that carries a mandatory minimum sentence of three and a half years. In the wake of the shooting death of Washington Redskins star defensive back Sean Taylor last year, and the recent robbery of fellow Giants receiver Steven Smith at gunpoint last week, it is probably not surprising that some players feel the need to arm themselves, but this will not aid Burress' defense in this case.

According to John Caher of the New York State Division of Criminal Justice Services, 986 people were arrested last year on the same charges as Burress was, and 90 percent ended up convicted of less serious crimes, including 50% which resulted in misdemeanors or violations.

Continue reading "New York Illegal Weapons Charge For Giant's Star Burress" »

Former NFL star quarterback Michael Vick pled guilty last week to a Virginia dog fighting charge, and received a three year suspended sentence, much less than the maximum of 10 years he could have been assessed. One count of cruelty to animals was dropped under the plea deal. Mr. Vick arrived in Court in Sussex, Virginia wearing wrist and ankle shackles along with his gray suit. He apologized to the Court, his family and the fans who had looked up to him as a role model during his years as a star quarterback for the Atlanta Falcons.

Vick is already serving a 23 month sentence in Leavenworth, Kansas on a 2007 federal conviction of bankrolling a dog fighting operation at his home in Surry County, near Richmond, Virginia. He is scheduled to be released on July 20, 2009, and then will start his three years of probation. The Falcons owner, Arthur Blank, has stated definitively that Vick will never play for the Falcons again. It is unclear if any other NFL team would take a chance on Mr. Vick, especially with all the dog lovers around the United States.

Had Vick been convicted of dog fighting in New York on similar evidence, under the Agriculture & Markets Law, he would have been looking at a felony with up to four years in prison and a fine of potentially $25,000. And New York dog fighting spectators beware--if you bet on dog fighting in New York, you can go to jail for up to one year and/or be fined $1,000.00!

Continue reading "Michael Vick Pleads Guilty To Virginia Dogfighting Charge" »

Aggravated DWI charges have been filed against the 29 year old son of Bryant Gumbel, the host of "Real Sports With Bryant Gumbel." Bradley C. Gumbel of Waccabuc was charged on November 16 with New York misdemeanor drunk driving at a traffic stop on Mead Street in Lewisboro when troopers observed him swerve his 2005 Toyota 4-Runner SUV in and out of his lane. When they approached the car, the troopers observed damage to the front passenger side of the vehicle. Gumbel was asleep in the car and the troopers allegedly detected a strong odor of alcohol on his breath.

Mr. Gumbel's blood alcohol content (BAC) was 0.18 percent, which is the initial level of blood alcohol at which authorities can charge Aggravated DWI, a much more serious offense than Driving While Intoxicated, with potential implications including loss of a driver's license for a year and much more substantial fines than Driving While Intoxicated. The aggravated DWI statute went into effect in November of 2007. DWI can be charged if a driver has a BAC of 0.08 percent or more.

Mr. Gumbel was also charged with operating a vehicle with a suspended registration, a misdemeanor, based upon a suspension of his registration due to lapsed insurance. He is scheduled to be arraigned in due in Lewisboro Town Court on December 1.

Continue reading "Westchester County Aggravated DWI Charge Against Bryant Gumbel's Son" »

Lillo Brancato Jr., an actor in the movie "A Bronx Tale" and on television in the "Sopranos", is on trial in a Bronx County murder case, charged with the December 10, 2005 fatal shooting of Daniel Enchautegui, an off-duty police officer from the 40th precinct in the Bronx. The facts are that Brancato, along with his friend, Steve Armento, had been out drinking and doing drugs at a strip club when they left the club to obtain more drugs. Brancato suggested that the two go to the home of Brancato's friend on Arnow Place in the Bronx. When the friend did not answer the door, (Apparently, Mr. Brancato did not know that his friend had died and the apartment was empty), Brancato kicked the window in, and the two men entered the apartment to look for prescription drugs.

Officer Enchautegui, sleeping next door, was awakened by the breaking glass. He confronted Armento and Brancato, and in the ensuing shootout, Armento shot Officer Enchautegui in the chest with a .357 caliber handgun, killing him. Armento was convicted of the first degree murder of Officer Enchautegui, and was sentenced earlier this month to life in prison without parole.

Under New York State law, if another felony is committed during the course of a murder, (in this case, a burglary) then anyone involved in the burglary can be charged with both crimes under the doctrine of felony murder. Therefore, Brancato is being tried for murder even though the evidence is that he did not pull the trigger.

During opening statements in the Brancato trial on November 24, his lawyer revealed his strategy for the defense: that Brancato did not know that Armento had a gun when they went to the friend's house looking for drugs. When the attorney claimed that Mr. Brancato was also a victim of Armento in addition to Officer Enchautegui, this statement apparently elicited gasps from the officer's relatives and fellow officers in the courtroom. We will report on this case upon its conclusion.

Continue reading ""Sopranos" Actor On Trial In Bronx County" »

Former star actress Mackenzie Phillips of the popular '70's TV show "One Day At A Time" pled guilty to cocaine possession charges in Los Angeles this past week and will enter drug treatment. Phillips is the daughter of the legendary founder of the Mamas & The Papas, the late John Phillips, who had his own serious struggles with drug usage, contributing to his untimely death. The Los Angeles district attorney's office stated that two counts of heroin possession were dismissed, and Ms. Phillips was ordered to finish an 18 month program. Apparently, this is now Phillips 10th stint in drug rehabilitation.

The 48 year old actress was arrested on August 27th at Los Angeles International Airport after police found small amounts of drugs during a security check.

Under the New York Penal Law, had Ms. Phillips been charged in New York with criminal possession of a controlled substance, the penalties range from a Class A-1 felony charge for possession of 8 ounces or more, down to a misdemeanor for the lowest level possession charge (for instance, possession of one joint of marijuana).

Continue reading "MacKenzie Phillips Pleads Guilty To Drug Possession" »

"Newsradio" actor Andy Dick pled guilty to misdemeanor drug and battery charges on October 17, 2008 in Murrieta, California. Dick was arrested on felony sexual battery charges in July when a 17 year old girl accused him of pulling down her top. Riverside County police officers had responded to the scene on a complaint of an intoxicated male outside a restaurant. The actor was ordered to serve three years probation and to wear an alcohol monitor for the next year.

Continue reading ""Newsradio" Actor Pleads Guilty To Drug Charge" »

New York Yankees ace pitcher Joba Chamberlain was arrested on Saturday October 18, 2008 in Lincoln, Nebraska on charges of driving while intoxicated, possession of an open container of alcohol, and speeding. The Nebraska State Patrol stopped Mr. Chamberlain in the early morning hours this past Saturday after observing the Yankee pitcher driving his BMW at an excessive rate of speed. When the trooper approached the vehicle, he saw the open container of alcohol and detected an odor of alcohol. Chamberlain was then arrested on charges of driving under the influence, having an open container of alcohol and speeding.

Continue reading "DWI Arrest For New York Yankees Pitcher" »

Exactly 13 years to the day after he was acquitted of the murder of his wife Nicole Brown Simpson and her friend Ron Goldman, O.J. Simpson was convicted on October 3, 2008 by a Las Vegas jury of all 12 counts in thearmed robbery of two sports memorabilia dealers. The jury reached its verdict after 12 days of testimony from 22 witnesses. Mr. Simpson did not testify in his own defense, the same strategy he employed in his murder trial over thirteen years ago. In addition to witness testimony from co-defendants, the jury heard hours of secretly recorded and profanity laced audiotapes.

The charges stemmed from a September 13, 2007 incident in which Simpson and five other men, two with firearms, stormed the Las Vegas hotel room of sports memorabilia dealers Bruce Fromong and Al Beardsley to retrieve mementos such as signed Pete Rose baseballs, Joe Montana lithographs, game balls and plaques which Simpson claimed were his. One co-defendant testified that Simpson instructed him to "bring a gun and look menacing" before they entered the hotel room. Simpson later denied to police that he knew that any of his accomplices were armed.

Simpson was convicted all 12 charges of kidnapping, armed robbery, burglary, assault with a deadly weapon, and conspiracy to commit burglary and kidnapping. He was denied bail and taken into immediate custody. Simpson's co-defendant Clarence Stewart was also found guilty on all 12 charges. The 61 year old ex-football star could face life in prison when he is sentenced by Judge Jackie Glass on December 5. His lawyers have vowed that they will appeal.

Continue reading "O.J. Simpson Convicted Of All Charges In Las Vegas Robbery Case" »

Heather Locklear, one of the stars of TV shows as "T.J. Hooker", "Dynasty", "Melrose Place" and "Spin City", has been charged with driving under the influence of a controlled substance in a suburb of Santa Barbara, California. Ms. Locklear was stopped on September 28, 2008 by a California Highway Patrol officer after she was reported driving erratically as she exited a parking lot. The officer then observed Locklear's car parked on a state highway and blocking traffic. When she was questioned, the officer made the determination that Locklear was "under the influence of something." She was transported to the local police station in Montecito, California, tested for alcohol and drugs, and charged with driving under the influence of prescription medication.

Later that day, Ms. Locklear was released from custody. Her arraignment date was not immediately announced.

Continue reading "Heather Locklear Charged With Driving Under Influence" »

"Lost" star Daniel Dae Kim pleaded no contest to driving while intoxicated in Honolulu on September 12, 2008. Kim was arrested on October 25th of last year after he was observed driving erratically by local police. His blood alcohol level (BAC) was 0.168, more than double Hawaii's legal limit. Mr. Kim had his driver's license revoked for six months, was ordered to pay over $700.00 in fines, must perform 72 hours of community service and will be required to undergo drug and alcohol counseling.

Kim is the third "Lost" actor to have been arrested for drunk driving; the other two, Michelle Rodriguez and Cynthia Watros, were eliminated from the show after pleading guilty to driving while intoxicated.

Continue reading ""Lost" Star Daniel Dae Kim Pleads Guilty To Drunk Driving Charges" »

Robert Chambers, the "preppie killer" who served 15 years for the 1986 murder of Jennifer Levin in Central Park, pled guilty this past week to selling cocaine and assault on a police officer. Chambers, who served the maximum sentence for strangling Jennifer Levin during what he characterized as "rough sex", was released from prison in 2003. During his original prison term, Chambers was cited for several violations, including drug possession. In November of 2004, Chambers was arrested after traces of heroin and cocaine were found in his car, which he was driving with a suspended license. He was then sentenced to an additional 100 days in prison.

During a three month undercover investigation, Chambers and his girlfriend apparently sold 246 grams of cocaine to police officers for $9,600 from a midtown New York apartment. When they were arrested last year, officers had to use a battering ram to enter the apartment, which was littered with 10 crack pipes and several tin cans of cocaine residue, among other drug paraphernalia. During a violent struggle with the police, Chambers broke one officer's wrist.

Under the plea deal, Chambers has been promised a sentence of 19 years and 4 months. Had he pled not guilty, he faced life in prison if convicted after trial. Chambers will be 62 years old when he completes his jail term in 2027.

Continue reading "Preppie Killer Robert Chambers Gets 19 More Years In Jail" »

L.A. prosecutors have filed felony drug charges against Craig Phillip Robinson, an actor known for his role on NBC's show "The Office." Robinson was arrested on June 29, 2008 on suspicion of possessing MDMA, more commonly known as ecstasy, and methamphetamine. Los Angeles County prosecutors have charges Mr. Robinson with two felony counts of drug possession and one count of being under the influence of illegal drugs.

The 38 year old actor is due to appear in Court on August 21. Robinson portrays Daryl Philbin, a warehouse foreman on "The Office." Recently, he appeared in the comedy film "Pineapple Express."

Continue reading ""Office" Actor Craig Phillip Robinson Faces Drug Charges" »

Victoria Osteen, the wife and co-pastor with her husband Joel Osteen of the megachurch Lakewood in Houston Texas, is on trial this week in Houston, Texas facing charges that she assaulted Sharon Brown, a Continental Airlines flight attendant on a 2005 flight from Houston to Vail, Colorado. The Lakewood Church draws approximately 40,000 people to Sunday services, with millions more watching on television. Ms. Brown testified that after a spill on Ms. Osteen's first class seat was not cleaned quickly enough for Ms. Osteen's liking, she angrily approached Ms. Brown and pushed her against a restroom door, then elbowed her in the left breast.

Ms. Osteen was escorted off the plane, accompanied by her husband and their two children. The Osteens both denied under oath that an attack had occurred; however, they did pay a $3,000 fine assessed by the Federal Aviation Administration for interference with crew members, "to put the incident behind [them.]"

Generally speaking, an assault is defined as a willful attempt to inflict injury upon the person of another, when coupled with a present ability to do so. Additionally, any intentional display of force such as would give the victim reason to fear or expect bodily harm constitutes an assault.

Ms. Brown's lawsuit for the physical assault seeks an apology and punitive damages equal to 10% of Ms. Osteen's net worth. Punitive damages, (unlike compensatory damages, which are designed to compensate a person for his or her injuries) are generally only awarded when the conduct of the defendant is so outrageous that it is deemed to "shock the conscience" of the average person. Punitive damages are, as the name suggests, assessed to punish or make an example of the defendant for their malicious and wicked conduct. It remains to be seen if a jury will find that Ms. Osteen's conduct rose to the vicious level to justify a punitive damages award.

Continue reading "Megachurch Pastor Victoria Osteen On Trial for Attack On Flight Attendant" »