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May 2013 Archives

Possession of Marijuana, Reckless Endangerment, Driving with a Suspended Licence, DWI, Probation Violation-AMANDA BYNES by SCARDIGNOLAW BLOG

On Thursday, May 23, 2013, the former child star, Amanda Bynes, who is 27 years old, was arrested once again, this time for allegedly throwing a marijuana bong out the window  of her 36th floor high-rise New York apartment building. The building manager, Rudy Toro,  called the police when he allegedly saw Bynes smoking marijuana in the lobby of the luxury apartment building. When the police arrived and entered her apartment, it is alleged that there was smoke and the odor of marijuana. It was then that Bynes allegedly threw the marijuana bong out of the window. Oddly enough the bong was not recovered. That is a point an Experienced Criminal Lawyer should and would state to the Court hearing the case.  


Andrea Rebello, a 21 year old Hofstra student was accidentally shot and killed by a Nassau County police officer. The unfortunate incident unraveled when the suspect, Dalton Smith, who was shot and killed by the officer, invaded the home of Andrea Rebello, and her twin sister Jessica Rebello. They both shared the off campus house with 2 other students. The ski- masked intruder, Dalton Smith, had Andrea Rebello in a headlock when the Nassau County Police arrived. Smith took aim at the police officer involved in the shooting, and the officer, faced with a split second decision, fired 8 times. 7 bullets hit and killed the suspect. Unfortunately 1 fatal shot hit the victim, Andrea Rebello.The masked intruder had allowed Andrea's twin sister, Jessica, to leave the house to withdraw money for the intruder, Dalton Smith. She was warned that if she called the police or did not return within minutes he would shoot and kill the remaining occupants of the house he was holding hostage. Jessica called 911, and the Nassau County police immediately responded to the house. That is when the unfortunate incident unfolded.Had the masked gunman not been killed in the incident, he would be facing a variety of criminal charges, such as, Murder, Attempted Murder, Kidnapping, Burglary, Trespass, Criminal Possession of a Weapon, Menacing, and possibly other charges, such as Assault. Andrea Rebello's funeral is scheduled for Wednesday, May 21, 2013, in Sleepy Hollow, NY, near her hometown of Tarrytown in Westchester County. We extend our deepest sympathies to the family and friends of Andrea Rebello. The circumstances of the shooting remain under investigation.I am CRIMINAL ATTORNEY Luke Scardigno in QUEENS and can be contacted at718 261-5151, or at [email protected].


On Tuesday, May 7, 2013, Queens residents were happy to hear that a suspect was arrested and charged with having sexual contact with two 7 year old girls on separate occasions in South Ozone Park, Queens. Queens residents were being extremely cautious and careful since hearing of these attacks. The suspect is identified as 25 years old Lee Samuel, a homeless person, as per law enforcement sources.

Jury finds Jodi Arias Guilty of First Degree Murder on Wednesday May 8, 2013

As a Queens Criminal Lawyer, I found this trial particularly interesting. There were several themes interwoven throughout the trial:  Domestic Violence, Self Defense, also known as Justification in New York State, Pre-Meditated Murder, and Felony Murder.
This was never a case of 'who dunnit?' Jodi Arias did not deny murdering  her x- boyfriend, Travis Alexander. What she claimed was that she was a victim of domestic violence, and she murdered him in self defense. It is said that the Arias case has been the most watched murder trial this year, as 17 weeks focused around the soft-spoken defendant who spoke of kinky sex and horrific violence. Arias shot him in the face, stabbed him more than 20 times, and slit his throat from ear to ear. But at trial she claimed it was all in self-defense. It was either him or her.
Testifying in her own defense, Arias told the jury Alexander had been abusive and demeaning. On the day of his killing, she said it all started off with sex play--each photographing the other--but ended in violence when she dropped his camera--and, she claimed, he attacked her.
"He lunged at me and we fell.... And I got up and he's just screaming angry and after I broke away from him he said [I'll] 'f---- kill you, bitch,'" she said on the stand.
With tears in her eyes, she then told the jury she did not remember stabbing Alexander.
The prosecution built its case, by showing step-by-step, what Arias did prior to the murder which indicated that she intended and premeditated Alexander's murder. Led by Juan Martinez, the prosecution argued that Alexander's murder was premeditated. The prosecution argued on June 4, 2008, Arias drove from Yreka, Calif., to Mesa, Ariz., where she showed up at Alexander's home.  She'd rented a car, dyed her hair, turned off her cell phone--apparently to make her harder to identify, her movements harder to track. Her mission, according to Martinez was murder.
The Jury believed the prosecution's case beyond a reasonable doubt, and announced guilty  to both of the prosecutor's theory of Murder in the First Degree, i.e., to the Felony theory of Murder, as well as to the theory that the murder was premeditated.
There will be no rest for either the criminal defense attorney or the prosecutor, or even the judge or the jury. Though the verdict was announced today, tomorrow the court will proceed forward with the penalty phase of the trial.  It will be determined whether Arias will face life in prison, or face the death penalty. Arias has made clear today in an interview, that she would rather face death than life in prison. Due to that statement, the sheriffs department has placed Arias on suicide watch.
I am a QUEENS DOMESTIC VIOLENCE LAWYER,  who handles QUEENS DOMESTIC VIOLENCE CASES.  You can contact me, Luke  Scardigno, a QUEENS CRIMINAL DEFENSE LAWYER at 718 261-5151, or by email at [email protected] for a free and informative consultation on the Criminal Laws of New York.


NBC Sports announcer Al Michaels was arrested over the weekend in Santa Monica, California on suspicion of drunken driving on Friday, April 19, 2013.Santa Monica police Sgt. Richard Lewis said the incident took place approximately 9:30 pm when officers allegedly saw Michaels make an illegal U-turn. The officers may have been set up at a DWI CHECKPOINT. Michaels, the play-by-play man for "Sunday Night Football," was taken into custody. He consented to take the breathalyzer, and is alleged to have registered a blood alcohol level (BAC) over the .08 percent legal limit, according to Sgt. Lewis. How high over the legal limit was not stated. Also, it was not stated whether field sobriety tests were performed on the 68 year old broadcaster who announced 'Do you believe in miracles?' in the 1980 Winter Olympics.In Queens, NY, the legal limit is the same, that is, .08 BAC. Anything from a .08 and higher, up to, but below a .18 BAC, is considered a Driving While Intoxicated, an unclassified misdemeanor, leaving a person convicted of same with a criminal record. A .18 or higher BAC is considered an Aggravated Driving While Intoxicated (ADWI) , also a misdemeanor crime but carries harsher penalties, fines and suspensions. However, do not be fooled, you can be arrested for registering lower than a .08 BAC in Queens NY, or any other county or part of New York State. In New York, if you register a .05 up to, but not greater than .08 BAC, that is considered a Driving While Impaired by Alcohol (DWAI) which is a traffic infraction, and not a crime. With a DWAI in Queens, the sentences are much lighter when it comes to penalties, suspensions and fines.Going back to the Michael's story, he was booked for suspicion of Driving under the influence of Alcohol (DUI), another way of saying DWI in other jurisdictions, and held for about five hours before being released on his own recognizance. Michaels was ordered to appear in court June 26, in the Los Angeles Municipal Court. No doubt he will appear with an experienced Criminal DWI Lawyer to challenge his stop, arrest and the results of the Breathalyzer.If you, or a loved one has been arrested and charged with DWI, DUI, or DWAI in Queens NY, or any other county in NYC, Nassau or Suffolk, you can contact me, Luke Scardigno, a QUEENS DWI LAWYER at 718 261-5151, or by email at [email protected] for a free and informative consultation on the Drunk Driving Laws of New York.

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