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 College Jacob D. Fuchsberg Law Center

J.D.

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. Accused of shoplifting, denied CCTV, mistaken identity?

August 4, 2025

A: I understand how distressing it can be to face an accusation of shoplifting, especially when you believe it is a case of mistaken identity and have not been given an opportunity to review the alleged evidence. In New York, shoplifting allegations can result in criminal charges such as petit larceny under Penal Law § 155.25, which is a class A misdemeanor. Even if the police have described it as “nothing major,” it is still a criminal matter that can carry lasting consequences if not handled properly.

At this stage, you are not entitled to review the CCTV footage directly from the store. Evidence in criminal cases is typically disclosed during the discovery process after formal charges are filed in court. This means that if you are arrested or issued a desk appearance ticket, your attorney can request the footage from the prosecution as part of your defense preparation. If the footage is never produced, your attorney can challenge the prosecution’s evidence and may argue for dismissal if they fail to meet their evidentiary burden.

Mistaken identity is a valid defense in New York criminal law. Your attorney may be able to challenge the reliability of any eyewitness identification, cross-examine the store employees about their observations, and present your own evidence, such as witness statements from people who were with you at the time or receipts that support your account. If there are other customers who saw what happened when the store employee confronted you, their testimony may be valuable.

If the police have not yet charged you, they may still be reviewing the case or awaiting the CCTV footage. You are not required to speak with them or provide a statement without legal counsel, and doing so could potentially harm your case. If the police contact you again, you should clearly state that you want to speak to a lawyer before answering any questions.

Given the seriousness of a shoplifting accusation, even if you believe the evidence is weak, it is best to consult with a New York criminal defense attorney as soon as possible. They can advise you on your rights, communicate with law enforcement on your behalf, and prepare for the possibility of charges being filed.

This information is for general purposes only and does not constitute legal advice. You should consult with a qualified New York criminal defense attorney to discuss the specifics of your situation and develop a strategy to protect your rights. ... Read More

Q. Mistaken identification during an identification parade.

August 4, 2025

A: I understand your concern about the risk of mistaken identification, as it can have serious and lasting consequences in a criminal case. In New York, identification procedures, including what is sometimes referred to as an “identification parade” or lineup, are subject to specific constitutional and procedural safeguards to reduce the likelihood of wrongful identification. Despite these protections, errors can still occur, especially in situations where the witness’s opportunity to observe the suspect was limited or the lineup was conducted in a suggestive manner.

A mistaken identification can occur for many reasons, including poor lighting at the time of the alleged incident, stress or trauma experienced by the witness, the passage of time between the incident and the lineup, or the way the lineup participants are presented. If a witness identifies the wrong person during a lineup, this can lead to wrongful charges and even convictions unless the defense challenges the identification effectively.

In New York, the defense can file what is known as a Wade hearing request, named after United States v. Wade, 388 U.S. 218 (1967). This pretrial hearing allows the court to examine whether the identification procedure was conducted in a fair and non-suggestive way. If the court finds that the process was unduly suggestive or improper, it may rule that the identification cannot be used as evidence at trial. In addition, any in-court identification by the same witness may also be excluded unless the prosecution can prove it is based on an independent source.

Mistaken identification can significantly affect legal proceedings. If improper identification evidence is admitted, it can heavily influence a jury, even if other evidence is weak. Conversely, if such evidence is suppressed, the prosecution’s case may be substantially weakened, sometimes leading to a dismissal of the charges.

If you believe there is a risk of mistaken identification in a particular case, it is important to document any circumstances that might have affected the witness’s perception or the fairness of the lineup. This information should be shared with a defense attorney, who can take the necessary procedural steps to challenge the identification in court.

This response is for general informational purposes only and does not constitute legal advice. You should consult with a New York criminal defense attorney to evaluate the specific facts of your case and determine the best strategy for addressing potential mistaken identification. ... Read More

Q. Received a temporary order of protection, do I need a lawyer?

August 4, 2025

A: I understand how stressful and intimidating it can feel to receive a temporary order of protection, especially when it is your first time dealing with the legal system. In New York, a temporary order of protection is a court directive that restricts certain contact or behavior toward the person who requested it. These orders are often issued before the court hears the full facts, and they remain in effect until the next court date or until the judge makes a final determination.

You are required to attend court on the date listed in the order. At that hearing, the judge will decide whether to extend, modify, or dismiss the order. The other party will have the opportunity to present their side, and you will be able to present yours. If the order was issued in connection with a criminal case, the matter will be handled in criminal court, and the potential consequences may include a permanent order of protection, fines, or even jail time if the court finds a violation of the law. If the matter is civil or family court–based, the judge can still issue a final order that may last months or years and can include serious restrictions.

While you are not legally required to have an attorney, having one is strongly advisable. An attorney can review the allegations, help you present your evidence effectively, and ensure that you do not inadvertently make statements that could be used against you in the current proceeding or in any related criminal or family court matter. Self-represented individuals sometimes find it challenging to navigate the procedural rules and may have difficulty responding to testimony or evidence from the other party.

If you choose to attend without a lawyer, be prepared to bring all relevant evidence, such as photographs, witness statements, or text messages, and have clear, factual explanations for your actions. Avoid arguing with the other party in court and speak directly to the judge when it is your turn. Be aware that any violation of the temporary order before your court date can result in immediate arrest and criminal charges, even if you believe the order is unjustified.

This response is for general informational purposes only and is not legal advice. You should speak with a New York attorney who handles criminal defense or family law matters to evaluate your specific situation and represent your interests in court. ... Read More

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New York Court of Appeals

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New York Court of Appeals