Tuesday, June 12, 2012
First Department Appellate Division Slashes Bail for Accused Madam
A five judge panel of the Appellate Division, 1st Department, ruled today that accused madam, Anna Gristina, was not the extreme flight risk prosecutors had argued she was. Accordingly, the NY appeals court agreed with her prostitution defense attorney that her current bail, which had been set at $2 million bond / $1 million cash, was excessive - and reduced it to $250K bond / $125K cash, and the requirement that she wear an ankle monitoring bracelet. Prosecutors had argued that she was a high flight risk, alleging that they had wiretaps wherein she admitted that she had previously fled to Canada when she feared she may have been the target of an earlier investigation. The wiretap issue is especially interesting because until recently, wiretaps had traditionally been used predominantly in cases alleging organized crime - but recently, have been seen more and more; particularly in white-collar securities fraud cases.
In a strong rebuke, the First Department Appellate Division stated, "We find that the amount of bail set by the trial court was unreasonable and an abuse of discretion, and that, taking into account the risk of petitioner's flight, bail in the reduced amount indicated is sufficient to ensure petitioner's attendance." Her criminal lawyer asserted that she hopes to raise the money necessary for her release shortly.
Information for this post was learned here, http://www.wina.com/-Soccer-Mom-Madam-bail-lowered-by-NY-appeals-court/11458736?newsId=148105, and more can be read here as well.
Wednesday, April 18, 2012
Proposed Bill Would Ban Condoms in Prosecutions
A proposed Bill would ban condoms in prosecutions of individuals criminally charged with prostitution and is being sponsored by Brooklyn Democrat, Senator Velmanette Montgomery. In a report released yesterday titled "The Impact of Using Condoms as Evidence of Prostitution in New York City," authored by Providers and Resources Offering Services to Sex Workers, findings from two separate studies showed that because police often confiscate condoms from persons arrested and charged with prostitution, sex workers don't carry condoms out of fear that if arrested, police will confiscate the condoms to use as evidence in their criminal prosecution.
Co-Director of the Sex Workers Project at the Urban Justice Center, Sienna Baskin, spoke of one young person's experience in support of why the passage of Bill S323/A1008 is so important : "One 21-year-old transgender female in the Bronx who was interviewed in 2011 described how she was stopped by police who searched her purse and found a box of three Trojan condoms. The cops asked her what she was doing, what the condoms were for and why she had more than one. She was arrested and charged with loitering for the purposes of prostitution and disorderly conduct. She reported that she later engaged in sex work without a condom. Many more sex workers who have no other means of survival may engage in unprotected sex because they are afraid to be caught with condoms."
More information on the proposed Bill can be found here:http://open.nysenate.gov/legislation/bill/S323-2011
Tuesday, March 06, 2012
UES Prostitution Arrest - All Politics?
In an interview with WPIX, Kristen Davis, who describes herself as, "the most famous Manhattan Madam," said that the arrest and prosecution of Anna Gristina is all politics. Ms. Davis owned a call girl service which was tied to former governor Eliot Spitzer's resignation; and ran for governor in 2010. According to PIX11, Davis is quoted as saying, "We used to say in the business, in big election years, the governor's race and the presidential race, those are times to be as low key as possible. Somebody's always looking to make a name for themselves." Ms. Davis went on to say that she felt as though the arrest and prosecution of Anna Gristina is wrong; and stated that criminalizing prostitution is about shaming sex.
Monday, February 20, 2012
Charged with Patronizing a Prostitute - Car Seized
A recent initiative operated by the New York City Police Department's civil enforcement unit, "Operation Losing Proposition," has resulted in numerous arrests in Brooklyn and Queens. The operation includes an undercover police officer posing as a prostitute and then arresting men, or "johns," who are allegedly looking for them. An individual caught up in one of these police raids can find themselves charged with violating New York Penal Code 230.04 , Patronizing a Prostitute, 3rd Degree. In addition to being charged with a crime, the police have often been seizing the vehicles of the "johns" who are being charged with soliciting or requesting sex from the prostitute; or the undercover officer posing as a prostitute.
If an individual's automobile is seized as a result of such an arrest, there is a somewhat involved process in getting your car back. The first option is to wait until the criminal case has been resolved - obtain a Certificate of Disposition from Criminal Court - and present same to the New York City Police Department Property Clerk; and they will provide you with a Release to get your car out of the impound. If you need your car sooner than that, as many people do, there is a way to speed things up a bit. In lieu of a forfeiture action, you can agree to settle the matter and begin the process of getting your automobile released. First, you need to obtain an Agreement of Settlement and Hold Harmless Agreement from the Civil Enforcement Unit of the NYPD. You will also need to get a District Attorney's Release. The gist of the DA's Release is that the prosecutor does not need your car as evidence in the criminal case still pending. After these documents are procured, they are taken to the Property Clerk along with a bank check, US Postal Service Money Order or attorney's escrow check in the amount of $500 to obtain a Release to bring to the auto pound. The Release obtained from the property clerk, along with proof of ownership of the vehicle is then taken to the pound so that you can get your car back.
Friday, July 16, 2010
Patronizing a Prostitute
Lawrence Taylor has gone from being famous as a football Hall-of-Famer to being famous as a defendant indicted on charges of rape and patronizing a prostitute. On or about June 23, 2010, a Grand-Jury indicted him on Rape in the third degree, Penal Code 130.25 ; Patronizing a Prostitute,Penal Code 230.04 ; and various other charges.
In order to be found guilty of rape in the third degree the prosecution must prove that he engaged in sexual intercourse with an individual less than seventeen years old. This is a Class E Felony in New York. A person may be found guilty of patronizing a prostitute in the third degree when, being over twenty-one years of age, he patronizes a prostitute and the person patronized is less than seventeen years of age. This is a Class A Misdemeanor in New York.
In 2003 the FBI created an initiative known as the Innocence Lost National Initiative, "Innocence Lost," for short - in an effort to uncover schemes that range from prostituting children at truck stops to promoting child pornography and prostitution on the internet.
If you or a loved one has been charged with patronizing a prostitute, you should immediately contact Brooklyn prostitution defense attorney Michael Redenburg.
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