David Mirsky, Author at David M. Mirsky Law Office

How Should I Plead for a Charge of Hit and Run on Long Island?

If you are one of the people involved in a crash in New York State, the law is particular on what is expected of you. Leaving without sharing your vehicle, insurance, and personal information without justifiable reasons is unlawful. The consequences are stated in the Vehicle and Traffic Law (VTL) Section 600 and can be extremely harsh.

Most people involved in the crash don’t know how to respond when they are charged with a hit and run offense in Long Island. Especially when you know you are not liable for the crush, you might not know how to plead. But no matter the circumstances, a seasoned Long Island criminal justice attorney can help you understand the implications of the various pleas.

Do I Get Additional DMV Points if I Plead Guilty for Hit and Run?

Apart from the fines you will pay, pleading guilty to leaving the scene of an accident can negatively impact your driver’s license. Leaving an accident skin where some property was damaged or a domestic animal was injured can earn you three (3) points.

You might get more points depending on what you did before the crash. For instance, if you were speeding, you could get 3, 4, 6, 8, or 11 points depending on the speed limit exceeded. Reckless driving comes with 5 points, 4 points for following too closely or inadequate breaks, and 2 points for other moving violations.

What Happens to My Insurance Premiums if I Take a Guilty Plea?

Admission of guilt could automatically give you additional DMV points on your driver’s license. This could portray you as a reckless driver, and insurance companies might increase your premiums to shield themselves from possible losses in the future.

Remember, the increased insurance premium rates can remain with you for up to seven (7) years. The cumulative cost of insuring your vehicle following the guilty plea might go up by up to $550 a year. You might have paid up to $3,850 more in the seven years. An experienced Long Island hit and run defense attorney understands these consequences well and will strive to protect you from them.

Will I Lose My License if I Plead Guilty to a Hit and Run?

Taking a guilty plea for a hit and run involving property damage might not lead to license revocation. But if some people were injured or died from the crash, a six-month license revocation might be one of the consequences. Commercial drivers might endure a lengthier revocation. And unlike a suspension where the license is taken away and returned after some time, a revocation is more severe.

Revocation terminates and voids your driver’s license in New York State. After the six-month waiting period, you can apply for a new license and pay a re-application fee. They could deny your application if you don’t meet all the DMV requirements. So, you might want to avoid pleading guilty for hit and run.

Will I Go to Jail if I Plead Guilty for Hit and Run on Long Island?

Violation of New York code VTL 600(1) might be less serious than situations where injuries or death resulted. However, you can be jailed for up to 15 days if you plead guilty to leaving an accident scene involving property damage.

A guilty plea can attract up to a year in jail if there are injuries. You might be imprisoned for up to 7 years if the injuries sustained in the hit and run incident are serious or if fatalities occur. Losing your freedom for an accident you probably didn’t cause is devastating enough. Let a Long Island hit and run defense attorney fight for you and help you avoid a conviction.

Are There Financial Implications to How I Plead?

Apart from the higher insurance premiums that come with most traffic-related offenses, there are several other financial implications of pleading guilty to hit and run charges in New York State. If no one was injured in the crash you fled from, you could part with fines of up to $250. In accidents with injuries, you might pay fines of between $250 and $5,000, depending on the severity of the injuries.

Apart from the above fines, there are other surcharges you could pay if you take a guilty plea. Mandatory surcharges for no or minor injuries could be between $88 and $93. You might also spend money attending driving lessons before your driving privileges are restored.

How Can an Attorney Help When I Want to Take a Plea?

Most people think a guilty plea is only taken in court before a judge. However, a plea can be taken through the actions you take or fail to take after leaving the accident scene in New York State. For instance, paying for the ticket to avoid too many altercations and court appearances can be interpreted as an admission of guilt.

So, before taking any action, it is best to seek the valuable advice of an experienced New York hit and run defense attorney. As soon as you find yourself in a safe place, you should call a legal expert for guidance on the next steps. And if you take the right plea, it will be easier for your lawyer in Long Island to:

Dismiss the charges completely
Avoid court costs, fines, and jail term
Protect your driver’s license
Eliminate or reduce points on your driver’s license

Experienced Legal Guidance from Aggressively New York Criminal Defense Attorneys

A plea might seem insignificant to criminal and traffic charges, but it is not. It can mend or ruin the next several years of your life in New York State. Every person accused of leaving the scene of an accident needs proper legal guidance.

Our lawyers have been representing clients accused of various crimes in Long Island, NY. Speak to us today, and we will aggressively strive to give your case the best possible outcome.

By David Mirsky|hit and run|Comments Off

What Are Some Penalties for Date Rape on Long Island?

Ecstasy, Gamma-Hydroxybutyrate, and Valium are some of the date rape drugs in New York State. They can cause unconsciousness, sexual excitement, fatigue, or drunkenness. It is believed that one cannot consent to sexual activity in such a state, and if it happens, it might be a grave criminal offense.

While it might not come with life-imprisonment consequences, its penalties can be life-changing. Depending on the circumstances, you might deal with its repercussions for the next couple of decades or the rest of your life. A Long Island criminal justice attorney can explain the high stakes and help find viable solutions.

Is Date Rape a Felony or Misdemeanor in Long Island?

Date rape is considered too serious to be a misdemeanor in New York. Instead, it is charged as a Class B felony. It might also be referred to as rape in the first degree. The judge might uphold these charges if it is established that sexual intercourse happened:

To someone 13 years or less by someone 18 years or older
To someone younger than 11 years
To someone physically helpless and incapable of consenting
Forcibly

If the prosecution brings forth evidence showing that you meet all the elements of a date rape crime, you could face all the penalties stipulated in the New York Penal Law. A seasoned Long Island date rape defense attorney can help you explore legal options to give you the best possible outcome.

Must I Register in the Sex Offender Registry if Convicted?

If you don’t take proactive steps to defend yourself against date rape accusations, you could be required to register as a sex offender. Being on the sex offender registry might negatively impact your life in New York. For instance, you might struggle:

Qualifying to receive financial aid
Finding an apartment to rent
Finding a job

Unfortunately, you cannot delete such records until 20 years have elapsed, or the consequences might stick with you for life. A seasoned attorney can help you avoid a conviction and ensure that your current quality of life is not affected by a sex offender’s record.

How Much Prison Time is Attached to Date Rape in Long Island?

Being a serious offense, date rape comes with extended periods of imprisonment. Convicts might have to stay in confinement for up to 25 years or a minimum of two years. The sentence could be the maximum possible or shorter depending on the circumstances.

Mitigating factors might shorten a convict’s prison time in New York State. But you’ll need a Long Island date rape defense attorney to convince the judge that you deserve the least possible sentence. You might regain your freedom faster and go back to leading a normal life if the sentence is significantly shortened.

What Fines Does One Pay if Convicted of Date Rape?

If you are found guilty of a date rape offense in Long Island, you might receive more than an imprisonment sentence. Hefty fines are often inevitable and can be as high as $25,000. And if you don’t have the money in your bank accounts, the court might decide to tie the lien on your properties.

Alternatively, the court might garnish your wages after finishing your prison sentence, to recover the fines. It would be wise to strive to get the least possible penalties by convincing the judge that it is just to award you the least possible amount based on the circumstances. It might not be easy to do this, but an experienced date rape defense lawyer in New York can help.

What Happens if I’m Placed on Probation?

Sometimes, probation might be part of the sentence in Long Island. During this period, you could be free, but subject to certain conditions. You might have to:

Report to a probation officer frequently
Avoid leaving the state without consulting the probation officer
Be of good behavior
Submit to random search and seizures

Probation in such instances can run for up to 10 years. And the penalties for violating the terms of probation in New York can be extremely harsh. So, make sure that you understand all that’s required of you and follow it to the latter. To be safe, consider asking a Long Island attorney to interpret the complex ‘legalese’ terms for you.

What Defenses Can I Use to Escape Date Rape Penalties?

There are several defenses used in a date rape hearing. However, not all would be applicable in your circumstances. An evaluation of the facts of your case could guide your attorney on the most appropriate approach to use in your defense. You could argue that:

You misinterpreted a flirtatious behavior as consent
You had no criminal intent
Chemical tests show no date rape drug in the alleged victim’s system
The accusations are exaggerated and false

Remember that it usually is easier to prepare strategic defenses when you consult with an attorney earlier in the case.

How Can Attorneys Help?

A qualified criminal defense lawyer will not rely on the police’s investigation of the alleged date rape. Instead, a Long Island date rape defense attorney does their own investigation into the incident. Findings on what might have really occurred can be an eye-opener and form the basis for defense. It can also highlight weaknesses in the prosecution’s case and produce avenues to challenge it.

It would be unfair to end up in jail or pay hefty fines because of untrue allegations or misidentifications. Accused persons should not risk fighting such legal battles on their own because they can be complex and cost your freedom and your hard-earned resources. Consider retaining a legal expert as soon as you find out you are being investigated for date rape in Long Island, NY.

Attorney Defending You Against Criminal Accusations

Police officers tend to pay attention to the alleged victims more than they might listen to you. Thus, you might not be treated fairly even when the other party makes false allegations.

The only person you can bank on is your personal legal representative. Speak to our lawyers today to safeguard your rights and achieve the best possible outcomes in your defense.

By David Mirsky|rape|Comments Off

What Are Possible Defenses for Armed Robbery on Long Island?

You did not expect something like this to happen to you or your loved one. Maybe you received property, and you are now being accused of armed robbery. Perhaps a love done is calling you from jail to inform you about the armed robbery charges against them.

Armed robbery charges are pretty serious and can carry up to 25 years in prison if a gun is involved. Not only does this have the potential to take ways your freedom, but it can significantly affect your personal and professional life. No matter the circumstances, you should fight armed robbery charges in New York with the help of a Long Island criminal lawyer.

What Exactly Is Armed Robbery?

Armed robbery occurs when someone uses actual force, intimidation, or threats of using force to take property from someone else while using a deadly weapon. This deadly weapon could be a firearm, a knife, or any object that could cause serious harm. Similarly, using a realistic toy gun can still qualify a crime to be an armed robbery.

There’s a difference between armed robbery and strong-armed robbery. In a strong-armed robbery, the defendant can only have used a personal weapon like a foot, fist or non-deadly weapon like a rock, and not deadly weapons like a gun.

Intentional or unintentional errors can cause you to be charged with the more severe crime of armed robbery instead of strong-armed robbery. A Long Island armed robbery defense attorney can ensure you’re not wrongly charged by looking at the specifics of your case.

Why Should You Defend Yourself Aggressively Against Armed Robbery In New York?

Armed robbery is a violent felony. This means it will likely result in significant incarceration. What makes armed robbery a serious crime is that it often results in multiple charges like assault, weapons charges and even murder.

Such an offense has several aggravating factors which can quickly increase the punishment severity. It gets even worse if the defendant has a violent crime criminal history. This is more reason you should have a Long Island armed robbery defense attorney in your corner. Cases like bank robberies attract harsher punishment because these cases implicate federal law.

How Is Armed Robbery Proven?

The prosecution has the burden of proof in such a case. Some of the elements the courts weigh heavily include:

The identity of the suspect
Evidence such as photographs, fingerprints, surveillance footages
Proof of a deadly weapon possessed or used during the crime
Lawful searches and seizures of the evidence, weapon, and property taken during the robbery

The work of your armed robbery defense lawyer in New York is to challenge these elements and suppress any evidence. Depending on the circumstances of the case, your armed robbery attorney in Long Island will use various defense strategies to fight for your freedom and rights.

How Do I Fight Against Armed Robbery in Long Island?

The prosecution must prove that the defendant committed the crime beyond a reasonable doubt. An experienced criminal defense attorney will keenly look at your case details and develop ways to fight these charges. Some of the possible defenses against armed robbery in New York include:

Innocence/Mistaken Identity

Sometimes witnesses may make mistakes when asked to describe a perpetrator. In such scenarios, you just start by stating you were wrongly accused and provide evidence to support your innocence. You could do this by:

Providing alibi evidence showing you were not at the robbery scene
Challenging the veracity of a witness testimony
Showing that identifications like photo lineups and show ups were unreliable and prejudicial

Prosecutor Not Proving All Elements

You have a chance to challenge the specific elements of an armed robbery charge. If the charges are not proven beyond a reasonable doubt, you may be charged with a lesser offense or have the charges reduced.

No Gun Was Used

This defense will involve admitting guilt that you took someone else’s property and used force but did not use a gun or any other weapon. A lesser degree of robbery will be preferred in this case.

Forced to Commit the Crime/Duress

If you can show that a third party threatened to kill you or hurt you badly if you don’t commit the robbery for them, then you may have a complete strategy to fight your charges. This is common in gang-related setups. You will need an experienced and skilled defense lawyer for this strategy because it isn’t easy to convince the courts about being in duress.

Entrapment

Sometimes someone may want to entrap you to commit a crime and have you charged. If you can show that someone pushed you into committing the crime, you may have an entrapment defense. But if the defendant had already planned to commit the crime and the police provided the opportunity to do it, then the entrapment defense may not work.

Do I Need an Attorney for an Armed Robbery Charge in NY?

Armed robbery in New York is a serious criminal offense with harsh prison sentences and fines. Therefore, if you or a loved one is facing such charges in long island, you should not hesitate to contact an armed robbery defense attorney.

Your attorney will make you understand the potential outcomes of your case and your options. Your attorney will also represent you in court or negotiate on your behalf with the prosecution in the case of a plea deal. An attorney will also request alternative sentencing or request for reduced sentencing.

Fight for Your Freedom and Rights with The Help of a Professional

Violent crimes like armed robbery are serious crimes that could make someone spend years in prison away from loved ones and without their freedom. If you’re faced with this, know that there are several defenses you could use with the help of an attorney.

Our skilled armed robbery lawyer will help you explore all options for the best outcomes possible. Take action and fight these charges today. Start by getting in touch with us for a more detailed case evaluation.

By David Mirsky|armed robbery|Comments Off

What Are Some Penalties for Driving with a Suspended License on Long Island?

New York State has strict laws regarding driving without a valid license. Your license may have been suspended for many different reasons, but you cannot operate a motor vehicle until your license is reinstated. But because not being able to drive is difficult, some people choose to drive with a suspended license anyway.

Driving without a valid driver’s license is a serious offense. If you get caught driving with a suspended license in New York State, you’ll receive even harsher consequences than driving without a license. If you are arrested for driving during your suspension period, get in touch with a Long Island criminal lawyer immediately.

What Are the Consequences for Driving While Suspended or Revoked in NY?

If your license is suspended, you may be tempted to drive your car. You risk several consequences if you’re caught.

Criminal Record

Driving on a suspended driver’s license is a criminal offense in New York with formal charges called Aggravated Unlicensed Operation (AUO). A conviction can leave you with a permanent record and affect your employment and housing opportunities, and even immigration status.

Increased Insurance Premiums

Your insurance rates are likely to skyrocket if you are caught driving on a suspended license. You will be categorized as a high-risk driver, which means there’s also a possibility of your insurer dropping you altogether.

Jail time
Drivers can get between 30 days and four years in jail if convicted for AUO
Fines
License revocation
Loss of your car
Probation

Looking at these consequences, you urgently need to get a qualified Long Island suspended license defense attorney to help you counter them. Remember, this is not a regular traffic ticket, it is a more serious crime.

What Charges Will Be Brought Against a Driver with A Suspended Driver’s License?

You can be charged with a felony or misdemeanor in New York if found to be driving on a suspended license. This will significantly depend on the surrounding circumstances.

You can be charged with aggravated unlicensed operation as a misdemeanor which can either be second-degree or third-degree AUO. First-degree AUO is a Class E felony.

Third Degree AUO

In most cases, motorists driving with a suspended license will be charged with 3rd degree aggravated unlicensed operation. Here, the motorist is found operating a vehicle with the knowledge of having a suspended or revoked license.

It carries $200-$500 in fines and a prison term of not more than 30 days. A person may also receive both.

Second Degree AUO

In some cases, you may be charged with a more serious offense; aggravated unlicensed operation in the 2nd degree. Here, you have a previous 3rd-degree AUO within the last 18 months. You may also have refused a field sobriety test at a DWI stop in Long Island. It may also be brought because you’ve had more than three suspensions imposed on you on at least three different instances for failure to appear, answer or pay fine. Or, your suspension was actually mandatory as you awaited prosecution for a DWI charge in Long Island, NY.

The penalty includes a fine of between $500 and $1,000 and seven to 180 days’ jail time. A second driving while suspended charge within 18 months will also get your vehicle impounded and only released to a licensed owner after all costs are paid, and there’s proof of insurance.

First Degree AUO

This felony charge involves:

Committing a 2nd degree AUO under the influence of drugs or alcohol
Committed the crime while under permanent revocation, which arose from three DWI convictions, two DWI convictions with severe injury or death, or three refusals to submit a chemical test.
Committed the offense while having ten or more previous license suspensions for failure to appear or pay fines.
Committed the offense under the influence of alcohol or drugs with a DWI conditional license

A Class E conviction carries $500 to $5,000 in fines ad up to four years in state prison, or both. Your car may also be seized, and you may never get it back.

New York prohibits prosecutors from negotiating down any AUO violations to lesser charges. Therefore, you will need a strategic and experienced Long Island suspended license defense attorney to fight these charges on your behalf. Don’t risk going through the charges alone. Get legal advice in Long Island first.

Will an Out-of-State Police See My Long Island License Suspension?

Yes, the police will likely see the New York suspension even if you have a current and valid out-of-state license. It’s also possible to get your out-of-state license suspended too in response to your New York suspension.

How Can I Defend Myself Against These Penalties?

You are likely to get your charges reduced or dismissed if you can prove that you were unaware of your license suspension because you:

Didn’t receive any written notice either by email, mail, text, etc.
Didn’t receive any verbal notice of the suspension, e.g., via call, etc.

Get A Restricted License in Long Island

In some instances, with proper legal defense and eligibility, you may qualify for a restricted license and keep your license.

With a restricted license, you may be able to:

Take your kids to and from school or daycare
Drive to work or school
Drive to and from healthcare facilities
Drive to and from court or DMV because of issues related to your restricted license

A Skilled Attorney Fighting for Your Driving Privileges

New York has some of the most stringent traffic laws. You should talk to a lawyer to ensure you are well represented in court against AUO charges in Long Island for the best outcomes. The penalties associated with getting caught with a suspended license can greatly impact your life.

Talk to a suspended license defense attorney in Long Island if you are arrested with a suspended or revoked license. Your situation may look bleak, but the criminal justice lawyers at our law firm can aggressively fight for you using years of experience representing others just like you. Get in touch today to get started.

By David Mirsky|Suspended License|Comments Off

What Is the Difference Between Theft and Burglary on Long Island?

Sometimes, most people may use terms like theft, robbery, and burglary interchangeably. However, each has a distinct definition describing how the crime was conducted, what type of crime it is, and the penalties for each.

One of the reasons you need to recognize the differences between theft and burglary in Long Island is because each will be prosecuted differently. For instance, the penalties for a burglary charge are higher than a theft charge. You may need a Long Island criminal justice attorney who can defend you and ensure you’re not charged wrongly.
Let’s look at some differences between theft and burglary in Long Island.

What Is Theft in Long Island?

Theft is one of the most commonly committed crimes. Another name for this crime is “larceny.” Legally speaking, it involves taking someone else’s belongings or money without that person’s consent and with the intention of depriving the owner of its use.

The owner may not know about the theft until after the act is committed. Also, theft does not involve the use of force or the threat of force. A theft conviction can destroy your career and even your personal life. You should fight these charges with the help of a skilled Long Island theft and burglary attorney.

Theft has three elements, namely;

Property – Theft will involve taking of someone’s tangible or intangible property.
Wrongful – the thief acts against the interests of the owner. If someone takes something with the owner’s permission, it won’t be theft. But if you are given property but with no intention of returning it, then it would be theft.
Deprive – the thief must have the intent of permanently depriving the owner of the property.

What Is Burglary in Long Island?

New York state defines burglary in two ways: a) gaining entry into a building with a goal of committing a crime b) remaining on the property with the intention to commit a crime. A burglary will often be paired with physical breaking and entering a building. But still, it’s possible to remain in a property with the goal of committing a crime without necessarily breaking and entering.

The property can be a house, vehicle, temporary dwelling, commercial building, place of worship, warehouse, trailer, or tent. Even if you believe you did nothing wrong, it’s critical to speak to a skilled criminal defense attorney near you. Your attorney will look at the elements of the burglary crime and advise you accordingly.

What Are Primary Types of Larceny New York?

New York state law lists eight different types of theft or larceny. You can fight any of them with the help of a theft and burglary attorney in Long Island. They are:

Trespassory – taking someone else’s property without their consent
Trick – use of fraudulent misrepresentations or statements to take another person’s assets or property
Embezzlement – the perpetrator uses his/her power to convert someone else’s property into their own without the intention of returning it, e.g., among employees.
False pretense – this is obtaining assets or property using intentional false statements. These statements are meant to mislead other people.
Theft by extortion
Theft by issuing a kited check
Theft by giving false promises
Theft by possessing lost assets or property

What Are the Penalties of Theft in Long Island?

It’s important to note that theft or larceny charges are divided into petit larceny and grand larceny.

Petit larceny is the lowest theft charge in New York and involves the theft of goods valued at no more than $1,000. It is a Class A misdemeanor that is punishable by a $1,000 fine and jail time of up to 364 days.

Grand larceny is more serious than petit larceny and is further divided into four.

Fourth degree grand larceny is a Class E felony, and its penalties are four years in prison and a $5,000 fine.
Third degree grand larceny is a Class D felony and carries up to seven years in prison and fines.
Second degree grand larceny is a Class C felony and is punishable by up to fifteen years in state prison with extra fines.
First degree grand larceny is the most serious theft charge in New York. It is a Class B felony with a prison sentence of up to 25 years plus fines. These cases involve the theft of property valued above $1,000,000. With such harsh consequences, you should protect your rights and defend yourself by having a qualified Long Island theft defense lawyer who can build a strong defense strategy for you.

What Are the Penalties of Burglary in Long Island?

Burglaries in New York are considered felonies. There are three degrees of burglaries in New York. Below is a list of potential penalties:

First degree burglary: this is a Class B felony carrying 1-25 years in prison and a $5,000 fine.
Second degree burglary: this is a Class C felony with a potential 1-15 years in prison with a potential $5,000 fine.
Third degree burglary: it is a Class D felony carrying 1-7 years in prison and a potential fine of $5,000.

Premier Criminal Defense Law Firm in Long Island

If you or someone you love is facing charges of taking another party’s property, you need a strong defense. The prosecution can quickly elevate a simple theft charge to a burglary, which has more penalties.

Take immediate action and get yourself an effective defense. It will be contingent on building the best defense strategy in Long Island. The skilled theft and burglary attorneys at The Mirsky Law Firm are experienced, aggressive, and ready to help you. Whether you are facing any larceny charge or burglary, we can help you. Call us to book a free consultation to discuss your case in detail.

By David Mirsky|theft|Comments Off

What Are the Possible Defenses for Indecent Exposure on Long Island?

Among the several offenses against public sensibilities in New York is the crime of indecent exposure. As much as it is often classified as a misdemeanor, the public’s perception of it makes it feel like a highly heinous crime.

But the fact is that your life and career can suffer the blow of such a conviction. There are various approaches to fighting an indecent exposure charge, but the success of your defense depends on the legal expert you choose to work with. A Long Island criminal justice attorney can use their expertise to defend you and keep your record clean.

What Constitutes Indecent Exposure in Long Island?

Indecent exposure is often confused with acts of lewdness. But indecent exposure is simply showing up in public and exposing your genital parts. On the other hand, lewdness involves further offensive actions in addition to being exposed. The offense can graduate to sexual assault if you go ahead and touch an onlooker.

Also, people that facilitate other people to show off their private parts can be found guilty of indecent exposure. Women are forbidden from showing the breasts from the area below their upper areola. Therefore, showing some cleavage is not illegal in New York.

Breastfeeding mothers are excluded from these charges. People in performing arts are also excluded depending on the restrictions of the county or city governments. A Long Island indecent exposure attorney can enlighten you on whether you are subject to those restrictions.

Can I be Convicted if I Was Not in Public Place?

New Yorkers are forbidden from exposing their private genitals anywhere a substantial group of people or the public has access. So, you cannot be convicted if the exposure happened in a personal space. It will be easier to build your defense if you weren’t arrested in a:

Lobby
Hallway
Playground
Park
Place of amusement
School
Transportation facility
Highway

How Can I Defend Myself if it Was a Mistaken Identity?

It is possible to be mistaken and charged for indecent exposure in New York. If the victim mistakenly identified you as the perpetrator, you could produce evidence that disputes their allegations. A Long Island indecent exposure attorney can guide you on gathering the proof, depending on the situation.

It would help if you showed that the victim’s perception of what really happened is unreliable under the circumstances. For example, this can apply in cases where the person had no clear vantage point to identify the person that exposed themselves correctly.

What if I Did Not Expose My Genitals?

A person’s definition of what is decent and what is not varies depending on their cultural and religious beliefs. Therefore, it is common for people to accuse you of indecent exposure when your actions don’t meet the legal definition.

Note that you cannot be convicted for wearing revealing clothing, showing your underwear, or the body part above your waist. As long as your actual genitals are not exposed to public view, you might not be found guilty of this offense.

What Punishment Awaits Me if I Lose in My Defense?

First-time offenders risk being charged with a misdemeanor, punishable with less than a year in jail. A recidivist can be charged with a felony that attracts up to a year in prison. Other issues that determine the severity of charges include:

The nature of exposure
The length of the exposure
Whether the exposure was directed at children

Apart from lengthy jail terms, other implications of a weak defense include:

Higher education limitations
Hiring difficulties
Legal penalties and fines
Permanent criminal record
Sex offender registration
Immigration and travel consequences

Why is Indecent Exposure Involving Children More Difficult to Beat?

When children are involved in your case, stories can be misconstrued. For instance, if a child acts out, a concerned but overzealous professional can suspect possible child molestation and report it to authorities.

The jury might be partially biased towards a child than an adult in a trial. What’s more, a child can be easily manipulated by the prosecution or other family members. Beating allegations of indecent exposure in such instances might not be easy, but a Long Island indecent exposure attorney can help.

What Action Can I Take if I’m Being Investigated for Indecent Exposure in Long Island?

If you are being investigated for indecent exposure, your life and reputation are at stake. So, avoid doing things that can implicate you for the crime. Discussing the incident or justifying your innocence with the police can do more harm than good.

Remember to remain polite with the investigating officers, but do not forget to invoke your rights to an attorney. You also have the liberty not to speak about the incident. After that, contact a Long Island indecent exposure attorney that will speak on your behalf and defend you to the end.

How is an Attorney Beneficial to My Case?

Luckily, most initial consultations in Long Island are usually free. In this session, a legal expert will listen to your side of the story and examine the evidence against you. But, of course, the outcome of your case significantly depends on the attorney you decide to retain to represent you.

A firm with extensive experience can give you the best chance of a favorable outcome. They can use their expertise to uncover mistakes buried in the prosecutors’ case and stand up against common strategies used in indecent exposure lawsuits.

Aggressive New York Criminal Defense Attorneys Fighting for The Accused

Criminal accusations can be upsetting and confusing at the same time. There is much to lose if you think of the worst possible possibilities of a sexual-related crime. A conviction can ruin your reputation, and you might lose the trust of family, friends, and colleagues.

The lawyers at Mirsky Law Firm will fight for your freedom and your rights as an accused person. We are not only knowledgeable of the laws governing indecent exposure, but we also have decades of experience. Call our offices today to schedule a FREE consultation.

By David Mirsky|indecent exposure|Comments Off

What Are Possible Defenses for a Hit and Run on Long Island?

Hit and run cases in New York state are undeniably complicated. Many people get involved in accidents in Long Island and flee because of panicking and not knowing what to do. Unfortunately, whether you were at fault or not, you can be charged.

Serious ramifications await drivers that happened to leave without attempting to help or leave behind their details. The seriousness of the offense is case-specific, and you can negotiate for an acquittal or reduced charges through your aggressive criminal defense attorneys in Long Island.

How Can I Ascertain that I Have Been Charged for the Right Offense?

Hit and run is generally a very serious offense. But the severity of the offense determines how it’s handled and the punitive actions that can be taken against you. Remember, you might not be charged as a criminal offender for only leaving after a property is damaged. It is actually a traffic infraction that doesn’t come with a criminal record.

Failure to provide personal and insurance details can come as a class B misdemeanor when an injury is involved. The charge might be elevated to become a Class A misdemeanor if you are a repeat offender of the Class B misdemeanor or if you failed to stop and remain at the scene where people had been injured.

A hit and run might graduate to a felony if you fail to do the needful in an incident where serious injuries were sustained or where some people died. It might be a Class E felony for the former and a Class D felony for the latter.

What Happens When I Don’t Defend Myself Adequately in a Hit and Run?

Your freedom or lack of it when you have been charged with a hit and run offense largely depends on your ability to defend yourself. And this depends on the quality of legal advice you get from your Long Island hit and run defense attorney.
A good defense is usually fused with deep knowledge of the New York laws and can differentiate who gets a guilty or a not guilty verdict. If you fail in your defense and are convicted for a hit and run offense, you risk:

Ticket of up to $250 if there were no injuries
Up to 15 days in jail if there are no injuries
3 points on your driving record
A dramatical rise in your vehicle insurance rates
Court costs and other fees
Cancellation by your insurance
Trouble getting your insurance rates lower for several years
Loss of Commercial Driving License (CDL) for a year
Up to $5,000 in fines if another person is injured
Up to 3 months in jail for refusing to provide insurance details
Up to 1 year in jail for leaving before police arrive at the scene

Does What I Say Have an Implication on My Case After A Hit And Run Incident?

After a hit and run incident, you might be tempted to pull out the apologetic or remorse card. But voicing this or any other thing can implicate you of the offense. Most people blurt out about how they didn’t mean to, implying that they are guilty.

The rule of the thumb after a hit and run is never to admit fault in whichever circumstance. For instance, if it is established that you did not realize that you had struck another car when you left, you might not be convicted for the offense.

Note that, even if you just tap another vehicle’s bumper without causing any damage, the law requires you to stop. So, if you defend yourself with the excuse that you realized that no damage had been caused and intentionally left the scene, you can be convicted.

What Steps Can I Take Towards Getting Better Outcomes for My Case?

While your Long Island hit and run defense attorney works towards building the best possible defense for your case, you may wonder if you can do anything to contribute to better possibilities. The online defensive driving course can have a positive impact on your case.

Taking the course can lower the chances of your insurance canceling your coverage with them and the possibility of your insurance rates rising. It can also keep the three points that come with a hit and run offense from being added to your driving record.

Other activities that you can do while you wait for your case to be determined will depend on the unique requirements of your case. For instance, if substance abuse was involved, you could consider taking online courses in line with the problem.

How Can I Defend Myself Against a Hit and Run Offense in Long Island?

Mistake of facts is a common defense that can be used depending on the situation. It simply means that you were not aware that you had actually hit another person, their vehicle, or their property.

You might also defend yourself if the other driver told you to leave and not worry about it. In such a case, both parties in the incident were unaware of injuries resulting from the accident. Thus, you cannot be convicted if you left under such circumstances.

Other defenses that can be explored by your hit and run defense lawyer in Long Island include:

Improper custodial interrogation
Violation of your constitutional rights
Arrest beyond a year after the incident
You were unable to provide reasonable assistance
You did not know about any injuries
You did not know there was damage to the property
Failure to provide your information wasn’t willful
The failure to stop wasn’t willful
You were not driving the alleged vehicle
Involuntary intoxication
You were responding to an emergency

Qualified Legal Counsel Guiding and Representing You Throughout the Process

A hit and run offense in Long Island can leave you with regrettable consequences. You don’t want to risk going through the defense process without a quality defense team. A seasoned criminal defense lawyer in New York can help you explore various defense mechanisms.

The criminal defense lawyers at the Mirsky Law Firm are ready to fight for your freedom. Despite the complexities of the laws regarding the hit and run offenses in New York, we have the experience and skills to counter the prosecution. Schedule a FREE consultation with us today!

By David Mirsky|hit and run|Comments Off

How Do You Get a Suspended License on Long Island?

If you’re stopped by Long Island law enforcement, your license will almost always be checked. You may not even be aware that your license is suspended, but now is not the most appropriate time to find that out.

There are many reasons for a Long Island license to be suspended, some minor, such as:

Failure to respond, or pay, a traffic ticket.
Racing in unauthorized areas.
Being caught by a red-light camera.
1st offense for driving under the influence (DWI or DWAI)
Your refusal to take a BAC test.

For other reasons, you may get an immediate suspension for a longer period.

Some of these reasons are:

A more serious driving offense that causes death or grievous bodily harm.
Speeding more than 45 km/h over the speed limit.
Driving under the influence (DUI) offenses.
A prescribed concentration of drugs & alcohol drunk driving offense.
A serious street racing offense.
An aggravated burnout offense.

Be aware that it is not always necessary for a suspended license to alter your lifestyle as well as your livelihood. In most cases today, it is both a necessity and way of life for you to be able to drive.

Although one or two moving violations (such as speeding, failing to obey a traffic signal, etc.) may not result in a suspension, multiple moving violations within 18 months can. Also, serious offenses (such as those listed above) may jeopardize your driving privileges for months or even years.

There are other ways, that you might not expect, by which you can lose your driving privileges in New York state. For example, if you are driving without insurance, your license may be suspended until you submit valid proof of insurance to the court. Failure to pay certain fines or DMV assessments can also cause a license suspension.

Many times, your driver’s license can be revoked for carrying too many points on your license (11 or more). In addition, you can also lose your driving privileges for reasons that seem unrelated to driving (e.g., too many unpaid parking tickets, failing to respond to a DMV notice, failure to pay child support, etc.)

If your license has been suspended, or you are facing a license suspension, consulting with a Long Island experienced suspended license lawyer may help in keeping you on the road.

What Types of License Suspensions are Enforced by the DMV?

There are three distinct types of driver license suspensions that the New York DMV can impose on you, they are:

Indefinite suspensions — These suspensions have no predetermined end date to them and usually are mandated by infractions such as failing to respond to a court summons, paying a fine, or not filing an accident report, and others. You, and your lawyer, must take specific actions to have your license reinstated after a specific amount of time.
Definite suspensions — In this case, the DMV issues a suspension with a specific end date. This is commonly done for offenses such as persistent traffic violations (accumulating eleven points within 18 months, 60-day suspension), moving violations during a probationary period (60-day suspension), driving while impaired by drugs (DWAI, 6-month suspension).

Once the suspension period has passed, you will have to pay a restoration fee to have your license reinstated.

Traffic Accident License Suspensions — If you participate in (or caused) a motor vehicle accident that resulted in property damage exceeding $1,000 you must file a vehicle accident report within 10 days of the accident. Failing to do so may lead to your license being suspended, mandatory fines and surcharges then must be paid to lift your suspension.

It must also be noted, that if you are convicted of a criminal offense, you may also be subjected to court-imposed reinstatement requirements in addition to those required by the DMV. In cases like these, your Long Island criminal defense lawyer will be invaluable in your defense and in getting your driving privileges reinstated.

How Long May My License Suspension Last?

As you now see, there are numerous reasons for your license to be suspended, and there are varying periods for your suspension to be in effect. Always keep in mind that your suspension lengths will vary depending on your infraction and the date on which your license was issued.

Only as a rule of thumb, suspension times on Long Island (and N.Y. State) usually fall within the following ranges:

Moving violations – Up to 60 days suspension if you receive six moving infractions within12 months.
DUI conviction – Up to 4 years
DUI arrest – Up to 2 years (& more).
Reckless driving – Up to 30 days.
Getting Your License Reinstated – Possibly months or years.

These are only examples, but it’s imperative to remember, that with help of a professional and aggressive Long Island suspended license defense attorney, these suspension times can be mitigated, or dropped altogether.

How Can My Lawyer Help In Getting My License Reinstated on Long Island?

The first step your lawyer will usually take to get your suspended license reinstated is to find out exactly why your driving privileges were revoked. Once you, and your lawyer, verify that your license has been revoked and why you will be on the legal path to reinstate it.

You usually have three commonly used legal options:

Fulfill your suspension period – At times, if you have a suspended license, you can choose to fulfill the suspension period, pay the fees, and then take all the steps to get your license reinstated afterward.
Appeal the suspension – If you and your lawyer feel that your suspension was legally wrong, or unfair, you can also request a DOL hearing and appeal your suspension.
Apply for a restrictive license – If you need to drive through the suspension period but can’t wait for an appeal, your lawyer can apply for a restrictive license that grants you temporary privileges with specific restrictions if approved.

By consulting with your suspended license defense lawyer, you will be made aware of all your options, and have the means to use them to regain your driving privileges as soon as possible.

My Drivers License Has Been Suspended, What Should I Do First?

Remember that if you are pulled over by the police while driving on a suspended license, it could often lead to your arrest. Also, the state will try to make you feel that you have no choice but to accept the charges brought against you, but that’s not always true!

The suspended license defense attorneys at the Long Island Mirsky Law Firm have more than 80 years of combined criminal defense experience. Consult with them first and be assured that your legal rights are fully protected.

By David Mirsky|Suspended License|Comments Off

What Should I Do if I Violate my Parole on Long Island?

Violating parole can come in many forms. However, the violation has to be significant enough for it to pass the Preliminary Hearing stage. Violators often get worried when they violate the terms and can make wrong decisions impulsively.

Working with a Long Island criminal lawyer is a great way to replace fear with the correct information. The process differs slightly from other criminal cases, and the laws governing it are also sophisticated. Read on to discover how to eliminate fear and confusion if you’re in such a position.

What Are My Rights as a Parole Violator?

If you violate the terms of your parole, the parole officer will confer the case with the supervisor and have a warrant issued. You will receive a Notice of Violation in three days, which describes your rights and the hearing process.

You will also receive a Violation of Release Report that lists your violation charges. If the case is lodged out of state, you should be served within five days of being available to the warrant. At this point, it is critical to contact a Long Island violation of parole defense attorney.

Parolees accused of violations have a choice of either waiving or having a Preliminary Hearing. If you choose to have the Preliminary Hearing, you might have to prepare early because it’s usually held within 15 days from the day the parole warrant was executed. But if you decide to waive your right to a Preliminary Hearing, the Final Hearing will be scheduled within 90 days of your waiver.

What Can I Expect From the Preliminary Hearing?

A Preliminary Hearing is usually conducted in a county jail where you were taken into custody or near the community where the alleged violation occurred. The purpose of this hearing is to determine whether there are significant reasons to believe that the parolee violated their terms of release.

After pleading “not guilty,” the DOCCS has to produce testimonies and evidence to support their accusations. The Preliminary Hearing Officer (PHO) will consequently decide whether there is a probable cause, and you will receive a copy of their verdict.

If they find no probable cause to revoke your parole, the hearing officer will ask for a lifting of the warrant and restore your supervision arrangement. But if probable cause is found, the case might proceed to the Final Hearing stage.

What Factors Can Hinder Preliminary Hearings from Happening?

Some parolees arrive at the Final Hearing through the Preliminary Hearing, while others proceed directly after a waiver. Also, parolees convicted of new misdemeanors proceed directly to the Final Hearing of their violation case. A Long Island violation of parole defense attorney can be beneficial for your final hearing.

But if you are convicted of a new felony, your parole will be automatically revoked through operation law – with no Preliminary or Final Hearing in New York State. The parolee will proceed to serve their sentence as a Parole Violator with a New Term (PVNT). But if they are sentenced to anything other than a new term of incarceration, then they can go on with the Final Hearing.

What Can I Expect from the Final Hearing?

The Final Hearing is usually conducted by a member of the Parole Board or the Administrative Law Judge (ALJ). They will be in charge of:

Administering oaths
Entertaining applications for an adjournment
Directing the presentation of evidence
Determining the charges that have been sustained based on the evidence presented

A Parole Revocation Specialist (PRS) usually examines witnesses testifying about the violation and presents evidence of the same. While a Long Island violation of parole defense attorney isn’t mandatory at the Preliminary Hearing stage, you will need one at the Final Hearing. They might present witnesses and evidence to mitigate or refute the charges.

If none of the charges are sustained, the charges might be dismissed and the warrant lifted. But if one or more of the charges are sustained, a delinquency date will be set. Remember, your attorney and the PRS of the Department get the opportunity to make recommendations on the final disposition, such as:

Restoration to supervision in the community
Revocation of release
Admission to the Willard DTC or other programs
A time assessment

These recommendations will be factored in the judge’s decision, and copies of the verdict will be availed to the parolee.

What are the Penalties for Violating Parole?

A judge may consider many other factors apart from your attorney’s recommendations and those from the PRS.

First, the judge will categorize you based on:

The nature of the current violation
Prior violations
The crime of conviction
The criminal history

Category 1 Violators

Category 1 violators can receive one of the following penalties:

90-day alcohol and drug treatment of the DOCCS at the Willard Drug Treatment Center
Not less than 15 months of time assessment
12 months of time assessment, if there are mitigating circumstances

Category 2 Violators

Category 2 violators get a different type of punishment, including:

Revocation and restoration to the diversion program at the Willard Drug Treatment Center
No revocation and restoration for people with less than 9 months left

Category 3 Violators

The time spent in custody for Category 3 violators determines further sentencing. But the usual sentencing is:

Time in custody plus six months for a new violent offense
Time in custody plus three months for a new non-violent crime

Persistent Violators

Category 2 and 3 violators with two prior violations receive up to 12 extra months.

Uncategorized Violators

The Board of Parole or the ALJ decides on the punishment for violators that don’t fall in any of the above categories.

Strong Representation from Long Island Top Criminal Lawyers

A parole violation can easily take you back to prison, but an experienced parole defense lawyer in LI can re-tell your story in the best possible way. Self-representation is often discouraged because of the complexity of the law regarding revocation.

An aggressive criminal defense attorney in Long Island can fight for your newfound freedom. And at Mirsky Law Firm, we possess 80 years of combined experience serving persons accused of a parole violation in Nassau County and Suffolk County.

If you need tenacious and excellent representation, contact us immediately and let us advise you accordingly. Call 516-299-6187 or 718-412-8322 to BOOK a free case evaluation today.

By David Mirsky|violation|Comments Off

What Are the Possible Charges for Indecent Exposure in Long Island?

Many laypersons do not fully understand the legal interpretation of indecent exposure. Thus, it isn’t uncommon for someone to call the police on another person for what they consider indecent exposure. An arrest might happen, but you cannot be convicted if your actions did not meet the legal definitions of the crime.

This charge is specific yet technical. But with the help of a Long Island criminal justice attorney, you can tell if the circumstances met the threshold and the defenses that can produce better outcomes. And an attorney’s experience is critical in lining up the best legal representation in court.

What Proof is Necessary to Successfully Convict You?

Just like all other crimes, a judge in Long Island cannot convict you for indecent exposure without credible proof. The evidence presented by the prosecution has to convince the court that the circumstances satisfied all the elements of the crime.

They must prove that:

There existed an intention to entice a sexual response or give oneself some form of sexual gratification
The defendant planned to show the private parts willfully
The defendant’s genitals, buttocks, or breasts were unclothed in public
Exposure took place in a public place, whether privately or publicly owned
Exposure in a private space that is viewable by the public

For a conviction to take place, no doubt should exist in the minds of the jury. And the role of a Long Island indecent exposure attorney is to find ways to plant those doubts. This can be done by cross-examining the witnesses and asking them questions that can expose some inconsistencies.

How is a Public Place Defined?

Exposing your genitals anywhere where a substantial group of persons or members of the public have access is considered inappropriate in the state of New York.

Depending on the circumstances, it might be illegal for your private parts to be unclothed in:

Lobbies
Hallways
Playgrounds
Parks
Places of amusement
Schools
Transportation facilities
Highways
Portions of an apartment or hotel that isn’t designed for actual residence
Public restrooms
Parks
Clubs and bars

It is worth noting that simply wearing clothes that show some cleavage does not amount to indecent exposure. The issue comes in when you expose the part below the top part of the areola. But if your clothes cover the areola, you are decent enough for the public eye.

What Penalties Does an Indecent Exposure Charge Attract?

A conviction can impact the quality of your life, and the negative effects can last for a really long time. The suffering is usually economic, social, and emotional. But all these are avoidable with proper legal representation of a Long Island indecent exposure attorney.

Promoting the exposure of a person or exposing oneself comes with several consequences in New York State. They include:

15 days in prison
Up to $25 in crime victim assistance fee, up to $95 surcharge, and up to $250 in fines
Employment, travel, and immigration consequences
A criminal record for a year or more

And if a lewd act accompanied the indecent exposure, here are the consequences:

Prison time of up to 3 months
Fines as high as $500, a crime assistance fee of $25, and a surcharge of $175
Travel, immigration, and employment consequences
A permanent criminal record
Interim probation supervision
Probation

What Factors Aggravate Indecent Exposure Charges?

Indecent exposure by itself is a misdemeanor, and convicts usually get less than a year outside the state prison. However, the penalties can become more severe in certain circumstances. You can expect more serious penalties depending on:

The nature of the exposure
How long the exposure happened
Whether children were victims of the exposure
If coercion or physical contact followed the exposure
Whether it is a repeat offense

Sometimes, people engaged in intentional indecent exposure can do more than just expose their private parts. Some of the offenses that are usually charged along with indecent exposure include:

Child molestation
Sexual assault
Rape
Forcible touching
Internet sex crimes

What Defenses Can Work for Indecent Exposure Charges in Long Island?

A Long Island indecent exposure attorney can help you prove that you did not intend to offend other people, or achieve sexual gratification or arousal. You can easily have the charges dropped if you had a good reason for exposing the body part. You might not be convicted if:

You were breastfeeding
The exposure was part of a performance in an exhibition, play, show, or entertainment
The exposure was incidental to a medical condition such as incontinence
Your clothes accidentally got torn
Another person caused your clothes to tear
You were urinating at night behind a dumpster that is outside direct view of the public
You revealed your underwear; revealing or not
You were unclothed away from civilization, for example, in a swimming lake
You were dressing up in the bathroom and didn’t know that the curtains were open

Is there a Time-Limit for Charges to be Brought Against Me in New York?

The prosecution has only three years to charge you for indecent exposure. Notably, the counting begins on the day of the incident and ends at the three-year mark. Thereafter, it might be impossible for anyone to successfully bring such charges against you in New York State.

However, the prosecution can take advantage of the exceptions to this statute of limitation. Indecent exposures involving children can have a time extension in Long Island. Likewise, if the offender leaves the country or the state, the typical period can be delayed.

Legal Advice from a New York Criminal Defense Lawyer

A successful conviction for indecent exposure can ruin your reputation among your family and friends. Employers might also have difficulty trusting you to work on their premises or working with their clients. Investing in the best legal defense that can help you escape a conviction is the best you can do for yourself.

A skilled defense attorney near you can prove your innocence so that you can move on with your life. Call us at 516-299-6187 to get the legal help you need in Suffolk and Nassau Counties.

By David Mirsky|indecent exposure|Comments Off

Previous 1 234 5 Next