Stephen Bilkis

Stephen Bilkis graduated from Touro Law School in 1997. Soon after he passed the bar exam of New York and established the Law Offices of Stephen Bilkis & Associates. In over 20 years of practice, Mr. Bilkis has successfully represented scores of clients throughout Nassau County, Suffolk County, Westchester County, Queens, Brooklyn, Bronx, Manhattan, Long Island, and Staten Island in matters related to personal injury, probate law, criminal law, and family law.

Mr. Bilkis strongly believes that each client is unique and each case is different. His solutions are never “one size fits all.” He prides himself on listening to his clients, reviewing all facets of each case, and using his deep knowledge of New York law to come up with individualized solutions for each client.

Stephen Bilkis has been a member of various national and local bar organizations and associations including the New York State Bar Association, American Prepaid Legal Institute, the American Association for Justice, AARP Legal Services Network, and the New York State Trial Lawyers Association.

Stephen Bilkis and the staff at the Law Offices of Stephen Bilkis & Associates have well-earned reputations as knowledgeable and effective attorneys who fight for their clients’ legal rights. Because of this, the firm, its attorneys, and some of their notable cases or clients, in whole or in part, have been mentioned on several media outlets including CNN, CBS, CNBC, and ABC New York, as well as in the New York Times, New York Post and Newsday.

• Car Accidents

• Free Consultation

New York

Since 1997

Head of Law Office

Stephen Bilkis & Associates

Current

Touro Law School

10.0 Rating

Justia

AFL-CIO Union Privilege Legal Plan

Plan Administrator

Current

American Prepaid Legal Institute

Member

Current

New York State Trial Lawyers

Member

Current

New York State Bar  # 2842938

Member

1997 - Current

Union Plus Benefits for AFL-CIO Union Members Newsletter

Union Plus

Union Plus, AFL-CIO Legal Benefits Conference, Washington, DC

AFL-CIO

Gave yearly talks about employment benefit packages to the AFL-CIO Union leaders and members

Accepted Member

Writers Guild of America East

Q. Prosecutor requests excessive sentence for VOSR; is it lawful?

April 3, 2025

A: Your concerns are understandable, especially given the complexity of supervised release violations and the possibility of significant consequences even near the end of your term. Based on the details you've provided, your understanding of the sentencing provisions under 18 U.S.C. § 3583 appears to be correct in many respects, and the prosecutor’s request for six months of imprisonment followed by a full 36 months of supervised release raises legitimate legal issues.

Under 18 U.S.C. § 3583(e)(3), when a person violates a condition of supervised release, the court may revoke the term and require the defendant to serve time in prison. The statute limits the length of imprisonment based on the grade of the violation and the classification of the original offense. For a Class C felony, for example, the maximum prison term upon revocation is two years. Importantly, the total punishment—including any new supervised release—must fall within the legal limits authorized by § 3583(h).

Section 3583(h) specifically allows the court to impose a new term of supervised release following imprisonment for a violation, but it clearly states that the new term cannot exceed the length originally authorized minus any time already served on supervised release. If the original maximum term was three years, and you have already completed two years, only one year of supervised release should be available after any term of re-imprisonment. If six months of prison is imposed, the court may only impose a maximum of six additional months of supervised release, not a full 36 months.

Therefore, if the prosecutor is asking for both six months of incarceration and 36 months of new supervised release, that request would appear to exceed what is authorized under § 3583(h). Courts have generally agreed that the statute requires subtraction of time already served on supervision when calculating any new supervised release term after a revocation.

If your current attorney is not addressing this concern, you have the right to raise it with the court directly or seek a substitution of counsel if you believe you are not being adequately represented. Courts take sentencing errors seriously, and a misapplication of the statute could be grounds for appeal if the court imposes an excessive sentence.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified federal criminal defense attorney. ... Read More

Q. Do parental rights termination affect child support obligations?

April 3, 2025

A: I understand how emotionally complicated it can be to feel disconnected from your children while still having legal and financial obligations. In New York, terminating parental rights does not automatically eliminate child support obligations unless the court specifically orders otherwise in very limited circumstances.

Generally, parental rights can only be terminated through a court proceeding, and in New York, this most commonly occurs in cases involving abuse, neglect, abandonment, or where an adoption is taking place. A parent cannot voluntarily relinquish their rights simply to avoid paying child support. Even if a parent wishes to give up their rights, the court will only grant termination if it is in the best interests of the child—typically in connection with a stepparent adoption or another arrangement that ensures the child’s continued support and care.

If your parental rights were terminated involuntarily or you are seeking to terminate them voluntarily, the obligation to pay child support typically continues unless the child is legally adopted by another person. For example, if your child is adopted by a stepparent and the court terminates your parental rights in connection with that adoption, your support obligation would generally end as of the date of adoption. However, any unpaid child support that accrued prior to that point would still be owed and enforceable.

Because you mention that you already have a court order in place for child support, and there is no current agreement or adoption proceeding, you remain legally obligated to pay child support regardless of the amount of contact you’ve had with your children. The law views child support as the child’s right, not something that can be waived or forfeited by the parent.

If your financial situation has changed or if you believe the current support order should be adjusted, you can petition the court for a modification of your child support obligation. You will need to demonstrate a substantial change in circumstances, such as a significant change in income or employment status.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified family law attorney licensed in New York. ... Read More

Q. Can I request my husband's mental competency info for divorce discovery?

April 2, 2025

A: I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward. In New York, there are steps you can take to protect yourself and the marital estate, especially if your husband may no longer be competent to manage his affairs.

If you suspect that your husband is mentally incompetent, and this is impacting his ability to participate in the divorce or manage assets appropriately, you can ask the court to appoint a guardian ad litem (GAL). A GAL acts in the best interest of a party who may be incapacitated. The court may appoint one upon motion if there is concern about a party's ability to understand and participate in the proceedings. If the court grants the motion, the GAL can then evaluate your husband’s mental state and help the court decide whether any accommodations or protections are necessary. This process may also help you gain limited access to medical information relevant to your husband's mental status.

In terms of the marital assets, if your husband has already spent a significant portion of joint funds in violation of court orders, you may be able to seek relief through a motion for enforcement or a claim for wasteful dissipation of marital property. Courts in New York may adjust the equitable distribution of remaining assets to account for one party’s misuse of funds. You should gather documentation of the accounts and expenditures as evidence.

Additionally, even though automatic orders prohibiting the transfer or dissipation of assets are generally triggered upon filing for divorce under Domestic Relations Law § 236, you can request a temporary restraining order or other court intervention if further asset depletion is a concern. These measures can help preserve what remains until equitable distribution is resolved.

Given your husband's health condition and the possibility that he is under hospice care, it may also be appropriate to consult with an attorney experienced in guardianship or probate matters in case your husband becomes legally incapacitated or passes away during the divorce. Taking legal steps now can help you protect your financial interests and prepare for any future developments.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York. ... Read More

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New York Court of Appeals

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