Tuesday, August 15, 2017

RB Law Saves the Day Again

Our client was charged with assaulting her neighbor, which she claims was a complete fabrication. As a Mexican-American, she faced deportation. The prosecutor was steadfast on pushing our client to plead guilty to a violation, which requires up to 15 days in jail and anger management classes. We prepared to go to trial on short notice, since she had originally hired another well-respected Staten Island lawyer. 

Eventually, the District Attorney agreed to an adjournment in contemplation of dismissal, also known as an ACD, which normally requires a 6 month period of no trouble before the case is dismissed and sealed. Fortunately we convinced both the judge and prosecutor to approve of on an ACD with immediate sealing, and our client was able to return back to her normal life. 

Friday, July 21, 2017

"Raving" Client Freed From the Jaws of Prison

Our client, then 16 years old, was at a “rave” at Citifield when he was approached by a plainclothes officer who claims he observed our client in possession of MDMA also known as ecstasy and LSD.  Our client fled.  The officer recovered the drugs and our client’s wallet with his real identification and fake identification showing he was 21 years old.

The Detective from Queens Narcotics originally wrote the paperwork charging Criminal Possession of a Controlled Substance in the third degree (Possession with Intent to Sell) which is a class B-Felony as well as resisting arrest and criminal possession of a forged instrument (for the fake ID).  On the top count alone, he faced up to 25 years in jail.

We were able to arrange a surrender and convince the officer that our client fled because he thought he was being robbed.  The detective agreed to reduce the initial arrest charges to Criminal Possession of a Controlled Substance in the seventh degree.  He even agreed to give our client a Desk Appearance Ticket, which means that they did not even have to go through Central Booking.

Ultimately, he received an Adjournment in Contemplation of Dismissal, which adjourns the case for 6 months.  Upon staying out of trouble for the adjournment period of six months, the case will then be dismissed and sealed automatically.

Wednesday, July 19, 2017

RB Law Helps Addict Get Help While Avoiding Criminal Conviction

Our client was arrested and charged with a Criminal Possession of a Controlled Substance in Kings County for allegedly possessing 20 glassines of heroin. He faced up to 25 years in jail.

We were able to get our client the help he needed through a private drug counseling program. In addition, the charge against him was lowered to a violation as well as a conditional discharge– a great outcome that’ll allow him to recover and leave addiction in the past.  

Tuesday, July 18, 2017

A win for Robert E. Brown, PC - From Obstructing Firefighting Operations to Dismissal.

Our client was arrested and charged with a class A Misdemeanor- Obstructing Firefighting Operations in Richmond County for allegedly unreasonably obstructing a firefighter. He faced up to 1 year in jail.

Our client ran a pot-bellied stove in his home, where he lived with an elderly aunt. When a neighbor mistakenly called the fire department to the scene, our client tried to diffuse the situation in order to not alarm his relative.  He told the firefighters that nothing was on fire and that it was just the smoke from the stove.  A firefighter struck our client in the head with a crowbar causing a large laceration , which required several stitches. He was then arrested and charged with Obstructing Firefighting Operations.  Through our hard work, the case against him was dismissed and sealed – the best possible outcome for this most unfortunate circumstance. 

Monday, July 17, 2017

What do plea bargains and tattoos have in common?

Question: What do plea bargains and tattoos have in common?
Answer: Both are drawn in permanent ink. And they may not age well.
 According to Chief Judge Edward Carnes in an opinion from the U.S. Court of Appeals for the Eleventh Circuit who reversed Chief Judge Kristi DuBose of the Southern District of Alabama in her ruling that a sentence ordered under a plea bargain could be reduced later. Carnes directed the judge to re-impose the original sentence for drug trafficking and weapons charges.
Judge Robin Rosenbaum and Judge Patrick Higginbotham of the Fifth Circuit, sitting by designation, concurred.
"In negotiating a plea bargain both sides aim for the best terms they can get, placing bets on what the future will hold," Carnes wrote in his opening. "The problem is that the future and certainty are strangers and not everyone wins a wager. Sometimes a deal, like a tattoo, does not age well and what appeared to be attractive in the past seems unattractive in the future. But plea agreements, like most tattoos, are written in permanent ink and cannot be redrawn just because one party suffers from the plea bargain form of buyer's remorse."
"Generally speaking, a defendant who was sentenced to the mandatory minimum penalty established by statute is not entitled to any relief," Carnes said, "even if a retroactive amendment to the guidelines would otherwise reduce his sentencing range below what it was before the amendment."
Carnes acknowledged the deal did not turn out so well for the defendants, but said it's "too late now."
"Plea agreements are interpreted by what they say, not what they might have said if the defendants or the government could have foreseen the future," Carnes wrote. "Courts are not authorized to ink in revisions to ensure that the defendants continue to receive the same value regardless of future changes in the law."
The prosecutors included: Adam Overstreet, Kenyen Ray Brown and Steven Butler of the U.S. Attorney's Office for the Southern District of Alabama.
Melton and Flores were represented by Peter Madden, Kristen Gartman Rogers and Carlos Alfredo Williams of the federal Public Defender's Office.
The case is U.S.A. v. Kendrick Melton, No. 15-15738.

Thursday, July 13, 2017

NYC Complex in High-Profile Suit Regarding Pitbull

In a complaint filed last week in Manhattan Supreme Court against Michelle Kelban-Carteron, the board of the Chelsea Modern condominium alleges that the co-chair of Latham & Watkins’ real estate practice committed breach of contract by owning and harboring an aggressive pit bull in her unit. Kelban-Carteron has retained high-profile local real estate lawyer Adam Leitman Bailey. The latter claims this case is one of discrimination, plain and simple.

“I call this dog racism,” Bailey said. “Because of [the dog’s] breed, they’re going after it.”

Luna, the five-year-old pit bull mix in question, has lived in Kelban-Carteron’s unit along with the Latham lawyer’s husband, Gregory, since they bought into the condo in 2012. In June, Luna allegedly attacked a small dog in front of the condo. Shortly after this incident, Kelban-Carteron secured certification deeming Luna a service dog for her husband. A doctor’s note claims the dog provides emotional support following a cycling injury. Bailey confirmed that Carteron was allegedly being hit by a postal service truck while riding in Manhattan and sued the Federal Government.

In response to suspicions about Luna’s last minute service dog certification, Bailey said that his client’s dog has not been aggressive in the past, so there had been no reason to officially certify Luna in order to protect her.

Herbert Cohen, a name partner at New York’s Stiefel Cohen & Foote, is representing the Chelsea Modern condo. Cohen called Luna vicious and claimed he has accumulated evidence suggesting that the canine has been unruly for at least a year. He also said that Luna’s alleged aggression is not the problem at hand.

“The dog issue is a subplot,” Cohen said. “The main issue is that there is a byline that empowers the condo board to exclude the dog.”

The condo board claims in court documents that according to the contract that Kelban-Carteron signed when moving into her unit, the owners of the building may order that any pit bull be evicted from the premises.
Bailey believes that the complaint against Kelban-Carteron over Luna is a classic case of discrimination worthy of more press.

“I’m confident that the New York City Human Rights Commission will take this case and prosecute,” Bailey said. Cohen, the condo board’s lawyer representing the Chelsea Modern, believes this will be an open-and-shut case, with none of the drama that Bailey predicts.

“It should be a simple case,” he said. “The board in its discretion decided to exclude the dog and there’s no reason the dog shouldn’t be excluded.”


Staten Island Man Arrested for Torturing Cat

A South Beach man was busted for brutally beating his neighbor's defenseless cat and broadcasting the cowardly act on social media, according to police and multiple law enforcement sources.
Tyrike Richardson, 21, was arrested Thursday morning at the 121st Precinct stationhouse in Graniteville and charged with aggravated cruelty to an animal and torturing and not feeding an animal, according to an NYPD spokesman.
Richardson allegedly tormented the animal inside his apartment on June 29, police said.
Someone living with the defendant made the complaint, the spokesman said.
The NYPD's Gang Squad came across a disturbing Facebook Live video of what appears to be a man torturing a white cat, according to a law enforcement source.
Authorities went to the home and found the animal on June 29.
The cat -- a 2-year-old male named Chester who belongs to Richardson's neighbor -- suffered multiple blunt force trauma injuries including rib fractures, liver and kidney injuries and injuries to its lungs, sources said.
The animal is still alive and in the care of the ASPCA.
In the video, a man appears to drop a wooden chair on the animal. He then appears to jam a long wooden stick into the stomach and face of the motionless feline. 
In another clip, the man is seen teasing the cat with a large knife, while it bats it away.

Richardson, police said, has multiple arrests dating back to when he was 14.