November six, 2024: Grant of habeas corpus: Right now, the Hon. Gary Brown, E.D.N.Y., granted habeas corpus to our shopper, Jesus Alvarez. Alvarez had filed a professional se habeas petition alleging, inter alia, ineffective assistance of trial counsel and Decide Brown appointed Levitt & Kaizer associates Richard Levitt and Zach Segal to symbolize him. Examining the record we both of those questioned regardless of whether "defense" counsel was basically licensed, and even more investigation discovered that during the pendency from the representation defense counsel was in actual fact licensed but was getting prosecuted by exactly the same Workplace which was prosecuting his consumer -- the Nassau County District Attorney's Business office -- for a vicious assault on his ex-girlfriend, and he was also subject matter to disciplinary proceedings in the Second Department for fraud. But these conflicts were being under no circumstances uncovered to Arevalo or even the court -- not throughout demo or just before sentencing or over the attraction or all through Mr.
Attorney Kaizer is surely an exceptionally proficient, well-informed, and diligent professional. We hired Mr. Kaizer and his workforce to signify our son on a complex and very difficult authorized challenge.
I am extremely amazed with Nick's diligence, intellect and firmness. A leading attorney whom I unreservedly advise. I want to use Nick for all of my long run matters in NY, and would propose him to all of my customers and mates.
November 27, 2023: Plea and Plea Settlement Recognized after Comprehensive Litigation and Over Government's Strenuous Objection. These days, on remand from the Second Circuit in United States v. Molina (see June nine, 2023, entry down below), the Hon. Nelson S. Román, SDNY, issued an Feeling & Get accepting our customer's plea beneath 18 U.S.C. § 371, entered pursuant to some plea arrangement, and rejecting the Government's argument that the Courtroom reject the plea and its (purportedly withdrawn) plea agreement. The Court docket to begin with rejected our client's plea because it disbelieved the client's allocution into the extent he mentioned the weapon he possessed in the course of two cellphone shop robberies was a pellet gun and never a "firearm," but adjourned the case for briefing regarding the Courtroom's discretion to reject the plea under these conditions.
It was an extended ordeal, but we obtained the government outside of attack mode and carved out a regular monthly selection that all events could acknowledge.”
I felt calm as I understood he was Doing work and undertaking his utmost to confirm my innocence. His familiarity with the legislation was really displayed for the duration of demo and immediately after about five times on demo, he was in the position to get me The decision of not responsible. I can not thank Richard plenty of for all he and his workforce did to operate on my scenario through the full calendar year. I'm endlessly grateful and will certainly advise him to any one in want.
one. Did the district courtroom err when it denied Stegemann’s motion to amend read this his § 2255 petition since it decided the petition to get a “dilatory tactic” made in lousy religion.
December five, 2022: Right now, a Levitt & Kaizer client from the Eastern District of latest York, billed with conspiracy to have and distribute 1500 kilograms of marijuana, was sentenced to Probation while in the Jap District of recent York (Ross, J.). The court cited many factors, which includes defendant's initially time offender standing, his professional medical circumstances, and The reality that the cannabis rules substantially overstate the seriousness from the carry out of conviction.
It really is our hope that a re-constituted Commission will correctly handle the numerous inequities in the current sentencing routine not only as a result of Recommendations amendments but in addition through the Commission's academic and research features. Be happy to contact us with any insights or concerns you could have.
I a short while ago retained the companies of Nick Kaizer, and his firm, to serve as local counsel and depict my pursuits inside the Southern District of recent York within a white collar criminal make any difference. I was impressed by his preparedness and a spotlight to detail in the quite challenging monetary scenario. Nick served us acquire an impossibly fantastic result. When managing the federal prosecutors, you arrive at hope to consider your lumps, lessen the destruction and move on, but Nick and his specialist staff persevered and attained a beyond great settlement in the very hard scenario.
I had been impressed with how simply he precisely assessed your situation, and predicted each individual attainable impediment. Nick's comprehensive knowledge of the legislation resulted inside of a deal which was more than reasonable, and much better than predicted. He was empathetic and supportive on a private degree likewise, and usually went the gap for me. I've fantastic respect for Nick, and would really suggest his expert services.
We talked him outside of surrendering and eventually his religion in us was rewarded which has a non-custodial sentence; i.e., no jail, no probation. As he noted above, he is grateful he trapped it out and served "no jail time, no probation And that i just walked out with the courtroom this 7 days a cost-free gentleman, never ever placing foot inside a brand new York jail." We're happy with the customer's persistence, our persistence and this great final result.”
Among my close relatives bought into some difficult difficulty With all the legislation, and I used to be referred to Nick by Yet another attorney. We're so thankful that we satisfied him! Nick put the legal group with each other, bringing in an authority in exactly the region of criminal law we would have liked, consulted with the workforce each individual move of just how, and aided to accomplish exactly the outcome we were looking for (which wasn't a straightforward or probably end result).
Richard Levitt was encouraged to me numerous decades submit-conviction in the event the government sought to enforce an buy of restitution. I retained the firm and so they attained a phenomenal outcome with my only needing to pay a modest month to month restitution.
In going to dismiss, ADA Hauf informed the courtroom it absolutely was The work of the prosecutor to “seek justice, not convictions in criminal courtrooms.” See the Situations Union article right here.