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RB Law Saves the Day Again

August 15, 2017  |   Posted by :   |   Uncategorized   |   Comments Off

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 d…

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"Raving" Client Freed From the Jaws of Prison

July 21, 2017  |   Posted by :   |   Uncategorized   |   Comments Off
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.

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RB Law Helps Addict Get Help While Avoiding Criminal Conviction

July 19, 2017  |   Posted by :   |   Uncategorized   |   Comments Off
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.  

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

July 18, 2017  |   Posted by :   |   Uncategorized   |   Comments Off
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. 

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What do plea bargains and tattoos have in common?

July 17, 2017  |   Posted by :   |   Uncategorized   |   Comments Off

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 w…

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NYC Complex in High-Profile Suit Regarding Pitbull

July 13, 2017  |   Posted by :   |   Uncategorized   |   Comments Off
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.”



THE FULL ARTICLE CAN BE FOUND AT http://www.newyorklawjournal.com/home/id=1202792152424/Latham-Partners-Lawyer-Cites-Dog-Racism-in-Condo-Dispute?mcode=1202615068447&curindex=2

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Staten Island Man Arrested for Torturing Cat

July 13, 2017  |   Posted by :   |   Uncategorized   |   Comments Off

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 th…

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Supreme Court says cities can sue banks over predatory loans

May 02, 2017  |   Posted by :   |   Uncategorized   |   Comments Off
WASHINGTON — The Supreme Court ruled Monday that cities can sue banks for discriminatory mortgage lending practices, but they must prove that predatory loans led to damages such as lost tax revenue and higher spending on municipal services.

The decision was a partial victory both for Miami, which sought standing to sue banks under the Fair Housing Act, and for Bank of America and Wells Fargo, which argued that the city’s damages were too many steps removed from the original loans. The dispute now returns to lower courts for further action.

The 5-3 ruling was written by Justice Stephen Breyer and backed by the court’s liberal justices and Chief Justice John Roberts. Three justices — Clarence Thomas, Anthony Kennedy and Samuel Alito — argued that the city had no right to sue under the landmark 1968 civil rights law in the first place. Newly confirmed Justice Neil Gorsuch did not take part in the decision.

Click HERE for the full story.
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Creditors’ And Debtors’ Rights

March 13, 2017  |   Posted by :   |   Uncategorized   |   Comments Off
Plaintiff moved for summary judgment, appointment of a referee to compute and a default judgment against non-appearing defendant. The original balloon note and mortgage was between Home Funds Direct and defendants, who allegedly defaulted by failing to make payments. US Bank Trust (USBT) moved for summary judgment, while defendants argued USBT did not have standing claiming MERS was never authorized by the original lender to assign the note and mortgage to USBT. They alleged the note was in the possession of a “custodian,”—Wells Fargo Bank, not USBT. The court found USBT failed to meet its burden of proving standing, finding it failed to prima facie establish it was in possession of the note as Wells Fargo continued to possess the original. Also, while USBT may establish standing by showing the note was assigned to them, it failed to succeed as there was no endorsement to MERS on the note giving it authority to assign. As there was no evidence indicating MERS had a right to assign the note, as MERS could not transfer what it did not hold, no factual details of a physical delivery were provided and USBT failed to establish it had physical possession at the time the action was commenced. USBT’s motion was denied, and the case was dismissed.

The full text decision and summary can be found HERE
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High Court Says Fannie Mae Has Limited Path To Fed. Court

January 19, 2017  |   Posted by :   |   Uncategorized   |   Comments Off

Law360, Minneapolis (January 18, 2017, 10:55 AM EST) — The nation’s high court on Wednesday reversed a Ninth Circuit ruling that found Fannie Mae can remove state suits to federal court, striking a blow to Fannie, which has argued that its charter all…

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