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White-Collar Crimes In New York

Being accused of a white-collar crime can damage your reputation severely. In general, white-collar crimes are deceptions or cover-ups carried out for financial gain. They include crimes like embezzlement, credit card fraud, identity theft, money laundering, Medicaid and Medicare fraud, insurance fraud, mail and wire fraud, real estate and mortgage fraud, tax fraud, racketeering, securities fraud, and a number of other non-violent, financially-based felonies and misdemeanors. A conviction can result in fines, probation or prison, and mandatory restitution. Moreover, civil lawsuits filed by white-collar crime victims are virtually inevitable after a prosecutor files criminal charges.

A white-collar crime investigation can drag on for months and eat away at your resources, even if you’re eventually vindicated. A good criminal defense lawyer will save you a great deal of time and aggravation during an investigation or any other legal procedure. If you’ve been charged with a white-collar crime, an experienced criminal defense attorney can gather evidence and examine witnesses on your behalf; can cast doubt on the prosecution’s evidence and witnesses; and can negotiate to have your charge or charges reduced or dismissed entirely. If you are charged with any white-collar crime in the New York City area, get the legal help you need and speak to an experienced Long Island criminal defense attorney immediately.

Common White Collar Crimes

Everyone knows there are millions of people in New York City – after all, it’s one of the world’s biggest cities – and where there are millions of people, some of them are desperate for money. They might “borrow” money from their job – or from other funds entrusted to them – with every intention of paying it back. In many embezzlement cases, suspects had no criminal intent to steal the money permanently. In the New York City area, if you’re accused of embezzlement, get skilled legal assistance right away from an experienced Long Island criminal defense attorney.

Any time you take another party’s property and intend to keep that property, that’s theft. But if you have legal permission to hold property before you act to steal it, that’s considered embezzlement. If you’re accused of either crime, a good criminal defense attorney can usually assess the details of the case, help you develop a strong defense, and fight aggressively for the best possible final result.

Embezzlement charges almost never lead to “slam-dunk” convictions. Sometimes a suspect has been framed by a colleague. In other situations, money has been taken without anyone’s knowledge, and the most convenient person is accused. Nevertheless, the state has to prove guilt beyond a reasonable doubt. With the many complications that can accompany embezzlement cases, it’s vital to have experienced, aggressive defense representation. In many embezzlement trials, a good criminal defense lawyer can offer reasons to “reasonably doubt” the charge against you.

Blackmail is another type of white collar offense, but it is not specifically listed as a crime under New York law. However, the essence of blackmail, which is threatening a person or entity with violence, property damage, or the release of sensitive information if the person or entity fails to do something, usually pay money, remains illegal under New York law as described in New York’s larceny statutes.

Depending on how the crime is committed, extortion can be charged by the state or federal government. Usually, when the offense violates interstate regulations, the charges will be made by the federal government. Either way, serious prison time faces anyone accused of blackmail or extortion in New York.

Specifically, in New York, extortion or blackmail are methods by which to commit a larceny, which is generally theft of property. In most cases, the property threatened is cash, but it could also include documents, recordings, etc. The value of the property is not important (usually, however, the more valuable the property, the more serious the offense in the eyes of the law), only that the property belonged to another.

Larceny is committed by extortion when someone causes another to deliver property by instilling the fear that if the property is not delivered, then the person will physically injure the other, will damage the other’s property, will engage in a criminal offense, will make false accusations against the other, will expose a secret or otherwise make public an asserted fact, will cause a strike or boycott to take place, will testify or withhold testimony with respect to the other’s legal claim or defense, will abuse an official position so as to affect the other adversely, or will perform just about any other act which is materially calculated to hurt the safety, health, business, career, finances, reputation, or relationships of the other.

White Collar Crime Consequences

If you think that white collar crimes are not taken seriously by the courts, think again. Although there’s a popular misconception that white-collar offenders get a mere slap on the wrist, the reality is quite the opposite. In fact, prosecutors are now putting more white-collar offenders behind bars, and for longer periods of time, than ever before. If you’re accused of a white-collar crime in New York, you’re going to need skilled and aggressive legal representation; speak at once to an experienced Long Island criminal defense attorney.

Sentences for white-collar crimes can be severe; for the most egregious offenders, the effect is life in prison. Sholam Weiss, convicted of multiple fraud and money laundering counts in the year 2000, was sentenced for 845 years in prison. Keith Pound, a co-defendant of Weiss, received a 750-year sentence and was ordered to pay $139 million in restitution. Pound died in prison in 2004. Norman Schmidt received 330 years for his role in a Colorado investment scam; he also died in prison. For at least a decade, sentences have been increasing for those convicted of white-collar crimes. From 2005 through 2012, the average length of prison sentences for fraud convictions increased by 48 percent. Fines for white-collar crimes totaled about $8 billion in 2008, but by 2012 that amount rose to almost $12 billion.

However, many people accused of white-collar crimes are mistakenly accused; others genuinely intended to “pay it back” and had no criminal intent. While power and wealth really do not affect the outcomes of white-collar crime cases, having a well-prepared defense most certainly does affect outcomes. A good criminal defense lawyer can look at the charges against you, develop an aggressive defense strategy, and bring your case to its best possible resolution. If you’re charged with embezzlement, fraud, or any other white-collar crime in the New York City area, consult at once with an experienced Long Island criminal defense attorney.

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If You Think New York Is Tough…

Driving while intoxicated (DUI ) is a serious crime in New York, and if you’re convicted, the legal and personal consequences can be severe. The wisest way to avoid DUI trouble is to avoid drinking and driving altogether. Call a cab, designate a driver, or just abstain. Although sentences can be tough, a DWI arrest doesn’t automatically mean a conviction; good DWI lawyers in New York win cases for their clients in a variety of ways. If you face a DWI charge anywhere in the Queens area, obtain legal help from an experienced criminal defense attorney immediately.

While you definitely do not want to be convicted of DUI in New York, this state’s DUI penalties are quite lenient when compared against other nation’s DUI laws. Your first DUI offense in El Salvador, for example, is your last. You’ll be taken before a firing squad. Bulgaria is better; they don’t execute you until you receive a second DWI conviction. South Africa incarcerates you for ten years for a first offense and fines you $10,000. France confiscates your car after your first DWI conviction and takes your license for three years. Finland and Sweden send DWI first offenders to a year at hard labor. Russia revokes your license permanently, but Norway doesn’t permanently revoke your license until your second DWI conviction. In Sweden, your fine depends upon how much you have in the bank, and if you have no money, they take your car.

If you’re charged with DWI in New York City or anywhere in Queens, it’s a criminal offense, and you’ll need the help of a good Queens DUI lawyer. It’s more or less the same in every state except one. Wisconsin is still the only state where a first offense for driving while intoxicated (DWI) or under the influence (DUI) is not a criminal charge. In Wisconsin, the first offense is called “operating while intoxicated” or “OWI,” and offenders are issued merely a citation. An OWI in Wisconsin is punishable by a fine of $150 to $300 and a possible, brief license suspension, but no jail time. Additionally, Wisconsin is the only state with a law that explicitly prohibits law enforcement agencies from conducting sobriety checkpoints. That situation may not last long, however, as Wisconsin has become the target of increasing criticism from health experts, legislators, and victims’ rights lobbyists.

In the state of New York, DUI is always treated as a crime. In fact, the trend in New York for several years has been less lenience in first-offense DWI cases, so if you (or your teenager) face this charge, don’t anticipate a “slap on the wrist” just because it’s a first offense. In the New York City and Queens areas, you’ll need the help of an experienced Queens DUI attorney who can look at the specifics of your case, explain your options, and work on your behalf for justice. Even if it’s “only” a first offense, if you face any DWI charge in New York, speak with an experienced Queens DWI lawyer as quickly as possible.

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When Mischief Gets Serious

Criminal mischief is one of the most common, nonviolent crimes that is committed in the state of New York. Even though these crimes are not violent,that does not mean that the charges should not be taken seriously. Criminal mischief is a property crime, meaning it involves damage to property of another. Under New York law, “property of another” is defined as:

“Property of another” shall include all property in which another person has an ownership interest, whether or not a person who damages such property, or any other person, may also have an interest in such property. 

Take a close look at the above definition. Based on this definition, you may be charged with illegal mischief even if the property that you are damaging is yours–as long as you are a partial and not total owner of the property. Because of this, criminal mischief charges are frequently seen in domestic violence cases. When two domestic partners get into an argument, property is often damaged, but the accused may be under the impression that the property damage is not a big deal because it belongs to him. However, that is not the case. This damage could lead to criminal mischief charges.

In the state of New York, vandalism is one of the actions considered “criminal mischief”—although illegal mischief also includes a number of other crimes. If you commit vandalism, you could be charged with illegal mischief in the first, second, third, or fourth degree. The severity of the charge is linked to the nature of the vandalism itself. Creating graffiti, for example, would be less serious than destroying an automobile, although both are vandalism. If you’re charged in the Long Island area or anywhere in New York City with vandalism or any other criminal mischief, get legal help immediately; call an experienced Long Island criminal defense lawyer without delay. Vandalism charges in New York include:

  • Criminal mischief in the first degree: Knowingly destroying another person’s property by using explosives is a Class B felony punishable by 5 to 25 years in state prison and substantial fines.
  • Criminal mischief in the second degree: Knowingly destroying another person’s property valued above $1,500 is a Class D felony punishable by up to 5 years in state prison and significant fines.
  • Criminal mischief in the third degree: Knowingly destroying another person’s property valued between $250 and $1,500 is a Class E felony punishable by up to 4 years in state prison and significant fines. You may also be charged with illegal mischief in the third degree if you attempt to break into a locked vehicle with the intent to steal property, or if you have three or more illegal mischief convictions on your record within the last three years.
  • Criminal mischief in the fourth degree: Knowingly destroying another person’s property valued up to $250 is a Class A misdemeanor punishable by up to a year in jail and fines. You may also be charged with illegal mischief in the fourth degree if you intentionally take part in the destruction of an abandoned building or recklessly damage another person’s property.

Criminal mischief in the fourth degree is the most common charge of illegal mischief in New York. Even though this is a misdemeanor, it’s very easy for a crime to be charged as a felony. For example, if the property that you are accused of damaging belongs to the government, you will face felony charges regardless of the monetary value of the damages that you have caused. Examples of government property include police vehicles, or buildings with government agencies or workers.

Because illegal mischief involves property damage, victims have the right to pursue both illegal and civil cases against the defendant. That means that regardless of the outcome of your criminal case, you could have to pay compensation to the victim if he or she decides to pursue civil action against you. Criminal mischief charges are no laughing matter, even though it is a nonviolent crime. If you have been charged or are being investigated for criminal mischief, contact an experienced Long Island criminal mischief attorney as soon as possible.

Criminal Tampering

Another crime related to criminal mischief is illegal tampering. Criminal tampering can vary in severity depending on the degree of your crime.

  • Criminal tampering in the first degree: Intentionally causing a substantial interruption or impairment of a utility service. This is considered a class D felony and is punishable by up to seven years in prison.
  • Criminal tampering in the second degree: Intentionally tampering with or making a connection to the property of a utility company. Utility companies are defined as gas, water, sewage or electric companies. This crime is considered a class A misdemeanor and is punishable by up to one year in jail.
  • Criminal tampering in the third degree: You may be charged with this crime if the prosecution has probable cause that you have tampered with the property of someone else with the intent to cause a substantial inconvenience to the property owner. This crime is considered a class B misdemeanor and is punishable by up to ninety days in jail as well as fines.

Although criminal tampering charges do not carry as harsh of sentences as illegal mischief charges, you should still take these seriously and consult with a Long Island illegal defense attorney as soon as possible.

When you are a suspect in a criminal investigation, the choices you make during your first contact with the police can often mean the difference between conviction and acquittal. That’s why it’s essential that you contact a Long Island criminal defense attorney as soon as you make contact with the policy. If you’ve been charged with vandalism or any degree of criminal mischief, it’s possible that the entire incident was one big misunderstanding; it’s also possible that you’ve been falsely accused. Get the defense representation you need if you’re charged with vandalism or illegal mischief on Long Island or anywhere in New York City, and obtain the advice and services of an experienced Long Island criminal defense lawyer immediately.

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Child Pornography

Child pornography is a heinous offense against children, and nothing is more important than our kids. It’s easy to understand why prosecutors can be overzealous when pursuing kid pornography suspects. But what if you’re charged with possessing kid pornography because you accidentally downloaded images onto your computer, maybe without even realizing it? What if someone else had access to your computer and downloaded – on purpose or accidentally – the images you’re accused of possessing? In the New York City area, if you’re accused of possessing child pornography, it’s imperative to obtain legal help at once. Contact an experienced Long Island criminal defense attorney immediately.

What are Child Pornography Charges?

You may face child pornography charges if you knowingly possess, produce or traffic images of children engaged in sexual behaviors. In the eyes of the law, the word “children” is defined as any individual under the age of 18.

New York law states that possession of a “sexual performance by a child” under the age of 16 is a felony. Promotion of a sexual performance by a kid under the age of 17 is a felony, too.

If you are facing child pornography charges in the state of New York, contact an experienced Long Island criminal defense attorney for legal assistance.

How is Child Pornography Prosecuted?

Those who are accused or convicted on kid pornography charges may be confused as to how the police even began to investigate them. It’s important to remember that nothing you do on the computer is private—even if it’s your own, personal computer at home.

Law enforcement agencies aggressively investigate and prosecute kid pornography cases. Almost everything that you do on the internet is recorded somewhere. Interactions that you have with websites or with other people online can easily be turned over to the authorities. In some situations, the interaction that you have online can even be with an undercover police officer.

Law enforcement agencies have computer crime departments which focus on prosecuting crimes such as child pornography possession and distribution. The people who work in these departments typically work with cable and internet providers to determine if any computer users are downloading illegal porn from file-sharing websites.

If a law enforcement officer detects that you are downloading kid pornography to your computer, they may ask for a search warrant to go through your files. If any files are found, they can obtain an arrest warrant for the owner of the computer.

Most of the time, authorities will attempt to get confession and a search warrant before bringing cases to court, however this is not always the case.

Child Pornography Consequences

A conviction for any crime related to child pornography can have severe long-term ramifications including a lengthy prison sentence. Substantial civil penalties and fines can also be required from those convicted of kid pornography crimes. If you are accused of producing, distributing, or possessing child pornography on Long Island or anywhere in the five boroughs, you are going to need high-quality legal representation immediately. Contact an experienced Long Island criminal defense lawyer as quickly as possible.

The federal sentencing guidelines for kid pornography convictions are quite complicated, but even without prior convictions, a convicted suspect will probably face a minimum of 27 months in prison. Prior convictions and other aggravating factors can significantly increase the length of that sentence.

When you are convicted on kid pornography charges, you will also have to register as a sex offender. When you register as a sex offender, this title will follow you around for the rest of your life. Make no mistake—the consequences of a child pornography charge are nothing to take lightly.

However, an arrest is not necessarily the equivalent of a conviction. If you possess questionable pornographic images, it’s possible you downloaded them unwittingly onto your computer; malware or a computer virus could also be the reason for child pornography on your computer. If you can prove that you had no knowledge of the images and no malicious intent, you can’t be convicted. You also cannot be convicted for child pornography if you can prove that the persons in the pictures are young-looking adults but not minors. 

Apart from the considerable criminal penalties, a conviction for possession of kid pornography can catastrophically damage your reputation, your family, your career, and your future. Jobs can be lost, reputations can be ruined, and families can be destroyed. Merely the accusation of possessing child pornography is bad enough, but in many cases a good criminal defense lawyer may be able to clear your name. If police officers violated your rights to gather evidence, it’s possible the charge can be dropped. If you don’t have a great deal of computer experience, tapping the wrong key and downloading the wrong item could happen to almost anyone. If you’re the victim of an overzealous prosecution, it’s imperative to have aggressive defense representation.

Hire A Long Island Criminal Defense Attorney

When you’re online, you should always be extremely cautious. Child pornography laws are aggressively enforced because child pornography abuses and exploits real children. If you are convicted on a child pornography charge, no leniency will be forthcoming from the courts. You’ll need a criminal defense lawyer with some computer knowledge – someone who’s handled kid pornography cases in the past and who knows how easy it is to make mistakes online or download something that you didn’t mean to download. If you are investigated for child pornography or charged with the crime, you’ll need aggressive defense representation immediately. You’ll need to speak with an experienced Long Island criminal defense lawyer.

It can be terrifying to face this kind of criminal charge, especially when you didn’t mean to break any law or hurt anyone. The sooner you retain the services of a good criminal defense lawyer, the sooner that lawyer can get to work clearing your name. In New York City or Long Island, if you are charged with child pornography possession now or in the future, speak at once with an experienced Long Island criminal defense attorney.

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The History of DWI

Every state outlaws drinking and driving, but New York was the first, and it’s still a state where you do not want to be accused of driving while intoxicated (DWI). If you’re charged with DWI on Long Island or anywhere in New York City, it’s imperative to obtain legal representation immediately from an experienced Long Island DWI lawyer. Do not even think about going to court alone. In some cases, a good DWI defense lawyer may be able to have the charge reduced or dismissed; if the evidence against you is overwhelming, your criminal defense attorney may still be able to arrange for a reduced or alternate sentence.

New York has been charging drivers with DWI for more than a century; the state passed the nation’s first drunk driving law in 1910. In those days, the law was much simpler; it simply said that if you’re drunk, you can’t drive. But intoxication wasn’t specifically defined, and enforcement wasn’t a priority. In the 1930s, the American Medical Association and the National Safety Council determined that a driver with a blood-alcohol content (BAC) level of 0.15 percent or higher could be presumed to be under the influence; that’s almost double today’s legal limit, but it was the standard virtually everywhere right through the 1960s.

Then public opinion shifted; in the 1970s, DWI laws became tougher thanks to effective lobbying by groups like Mothers Against Drunk Driving (MADD). Every state has now increased the legal drinking age to 21, and police departments across the nation make DWI enforcement a high priority. Also in most jurisdictions, the legal BAC limit has dropped from 0.15 percent to 0.08 percent, and drivers in most states face automatic license suspensions for failing or refusing to take a breathalyzer test.

One major court case has changed the DWI landscape drastically. On August 23, 2008, the Mendocino County, California dispatch center received a call from a dispatcher in adjacent Humboldt County about a Ford F150 pickup that allegedly ran an anonymous caller in an unidentified vehicle off the road on southbound Highway 1. The original caller provided the license plate number of the pickup. The Mendocino dispatcher notified officers in the area; they stopped Lorenzo and Jose Navarette, smelled marijuana, found several large bags of pot – thirty pounds, in fact – and busted the brothers for transporting with intent to sell.

The legal issue in Navarette v. California was the traffic stop. Did the police have probable cause to stop the Navarette brothers? The Supreme Court said yes, and it upheld the convictions. Associate Justice Clarence Thomas, writing for the majority of the justices, said that the anonymous tip gave police officers sufficient probable cause.

Navarette takes away the legal safeguards established in the year 2000 in Florida v. J.L. In that decision, the Supreme Court decided that an anonymous tip about a man with a gun was inadequate to justify a stop and search. Navarette means that drivers in the state of New York can be now be stopped solely on the basis of anonymous tips.

If you’re accused of DWI, you absolutely need the counsel and help of a good DWI attorney. A dedicated DWI defense lawyer will aggressively defend your legal rights every step of the way and steer you through the legal process. If you’re facing any kind of DWI charge anywhere in or near New York City – even if it’s only a first offense – get the legal help you’re really going to need and contact an experienced Long Island DWI attorney immediately.

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Money Laundering

Since criminals cannot declare on their taxes (assuming they pay taxes) that they earned their money illegally and through criminal activity, they need to “wash” their capital so that it appears clean if it were to ever come under government scrutiny. Money laundering, therefore, is the act of “washing” money, or manipulating it through illegal financial and accounting methods, so that the true and illegal source of the cash is not uncovered.

Money laundering is a federal crime. While almost all of us have heard the term, few really understand its definition. Money laundering is the willful act of disguising the origins of illegally obtained capital by making it appear that the money came from a legal source. Specifically under federal law:

  • It is illegal for someone who knows that capital or property represents the proceeds of criminal activity to conduct a financial transaction with that money with the intent to promote a specified unlawful activity or to commit tax evasion.
  • The same type of transaction is also illegal if it is intended to hide or disguise the nature, location, source, ownership, or control of the proceeds of a specified unlawful activity or to avoid a transaction reporting requirement.
  • It is also illegal to transport, transmit, or transfer any monetary instrument from the U.S. to a location outside the U.S. to promote a specified unlawful activity or to hide or disguise the nature, location, source, ownership, or control of the proceeds of such activity, or to avoid a transaction reporting requirement. A “monetary instrument” includes coin or currency of the U.S. or any other nation, personal checks, travelers’ checks, bank checks, capital orders, investment securities, or negotiable instruments.

In order to operate their schemes, money launderers will often declare illegal funds as profits from legitimate businesses. In the past, cash heavy businesses were the preferred facade to hide illegal money laundering efforts, but as criminals become smarter and gain access to more advanced forms of technology, just about any kind of business in this day and age can be hiding some form of capital laundering – and under New York Law, this is probably true.

The government of New York, the United States, and countries around the world spend billions of dollars each year trying to combat capital laundering.  The reason laundering capital is so dangerous is because, in many instances, the money laundered promotes organized crime or international terrorism. That’s part of the reason why the state of New York sets no amount on the amount of funds needed to be laundered in order to be considered a crime. New York considers laundering an amount as little as a single dollar to be a crime under money laundering statutes.

Make no mistake about it, the state of New York has bigger fish to fry than people who attempt to launder a single dollar, but it will pursue charges against those who it suspects of money laundering swiftly and with the full force of the law.

There are several reasons why the authorities might accuse a person of laundering money.  They generally have to do with how the person handles their capital .  Since criminals don’t like to leave a paper trail, anyone who works in a cash intensive business is automatically placed under heavier scrutiny than those who are not.  In fact, so are people who declare gambling winnings, because of the tactics used by criminals.

If the state gets wind of an attempt to launder money within its area of legal jurisdiction, it will compile evidence against the suspected money launderer and will present that evidence to a prosecutor. The prosecutor will then review the evidence and decide whether or not to proceed with charges. If the prosecutor does decide to pursue charges, then the suspected launderer will be arraigned and a date for trial will be set. Before the date of trial arrives, money laundering suspects in New York are highly encouraged to partner with an experienced criminal defense attorney. The defense attorney will handle the legal process on the suspect’s behalf and will advise the suspect of his or her best legal options considering the facts and evidence in a case.

Before a person actually makes contact with his or her attorney following an arrest for money laundering, that person will usually have near constant contact with law enforcement officials. Under no circumstances should questions be answered or comments made about the allegations. Its a prosecutor’s job to compile evidence, not a suspect’s job to provide it. In fact, even before an arrest, the right to remain silent should be invoked. Invoking the right to remain silent, the U.S Supreme Court recently ruled, is the only way to ensure the full protections of the 5th amendment, the one that guarantees the right not to self incriminate. If questions are asked of the suspect, the suspect should inform the officer or investigator that answers to questions will be deferred until he or she speaks with an attorney.

The facts of each case will determine exactly how harsh a punishment, if even at all, a person accused of laundering money in New York is due.  However, having the facts of a case clearly heard can be difficult without the help of an experienced money laundering defense attorney. A conviction for money laundering can mean up to 20 years in prison and a $500,000 fine or twice the value of the property involved in the transaction, whichever is greater. If you’re accused of money laundering anywhere in the New York City area, obtain legal help immediately and consult with an experienced Long Island criminal defense attorney. Under the Money Laundering Control Act of 1986, if you launder $1 you will receive the same legal treatment as the person who launders $10,000,000.

A charge of money laundering is not an automatic conviction. It’s possible to be charged with money laundering over a misunderstanding with no criminal intent; it’s also conceivable that someone could be confused or tricked into participating in money laundering. Every case is different, but if you face a money laundering charge in the New York City area, it’s imperative to speak immediately with an experienced Long Island criminal defense attorney.

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Sex Crime Accusations And You

It happens all the time now. A school teacher is charged with molesting – having sex with – an underage student. One hardly knows what to make of these news stories. Undoubtedly, some of the accusations are true: teachers have confessed to these crimes and in many cases the cell phone, audio, and video evidence are conclusive. Still, not all of the accused teachers can be guilty, and one suspects that receiving a bad grade may be as likely to generate a sexual assault accusation as an actual molestation incident. Sex crimes are viewed as heinous, and the stigma that accompanies a conviction can negatively impact the rest of your life. If you’re charged with a sexual assault anywhere in the New York City area, you’ll need skilled and effective legal help; consult an experienced Long Island criminal defense attorney at once.

False Accusations

One person’s accusation is almost never sufficient to persuade a jury, except when a defendant is charged with a sex crime. No one wants to think that such an accusation might be false, but an experienced criminal defense attorney knows that false accusations of this nature are made in courtrooms across the nation. These cases can be tough to defend; typically, jurors are inclined to convict unless they can be shown why an alleged victim would make a false accusation.

What could motivate the false accusation of a sex crime? Among other things, jealousy, money, revenge, or saving face. An experienced criminal defense attorney should clearly comprehend an accuser’s possible motivations. When a defense attorney claims the defendant did not commit the crime, jurors will expect an explanation as to why someone would make such a destructive, false allegation. Should the defense attorney fail to satisfy a jury on this count, a conviction is the most likely consequence.

Circumstantial evidence may help in some cases, but in many sex crime cases, it doesn’t. Jurors usually have to draw conclusions from circumstantial evidence; it doesn’t always speak for itself. When an alleged victim claims rape and a defendant denies the charge, DNA, hair follicles, and blood evidence may be introduced to prove physical contact, but such evidence says nothing regarding consent or lack of consent. It doesn’t tip the scale either way.

Most jurors are willing to give defense attorneys some space in their efforts to discredit accusers, provided the defense attorney is not launching an unwarranted verbal assault attack against an alleged victim. However, where the thin line lies between a gratuitous attack and a legitimate series of questions can be difficult to discern. It can take years for an attorney to learn how to question witnesses and where to draw lines in sex crime cases. You do not want an inexperienced or incompetent attorney representing you if you’re charged with a sex crime.

What to Do If You’re Accused or Arrested

First and foremost, you should contact an experienced New York sex crimes attorney to defend your rights and work towards the best possible outcome for your case. Besides this, the best piece of advice that an attorney can give to someone in this situation is to remain silent. Many defendants believe they have to wait for the police to instruct them that they have the right to remain silent, but that is not the case. Your right to remain silent is constant–and you should always exercise it, especially if you are being arrested for a sex crime in New York.

Talking to a police officer without a lawyer present will not do you any good. Sometimes, defendants try to talk to the police officer to assert their innocence, but you should never do this without a lawyer present. Police officers are recording every statement that you make and they will use these against you in a court of law. Your statements can easily be taken out of context and misunderstood by the judge and jury.

Remember, the consequences of a sex crime are very serious and can affect you for the rest of your life. This is not a time to take chances and try to talk your way out of the charges. Instead, rely on an experienced Long Island sex crimes attorney to do the talking for you. If they are concerned that invoking the right to remain silent will somehow make them look guilty, those accused of criminal offenses in New York should consider how much more guilty they will look if they are sent to jail or prison because of their own statements to investigators.

If you find yourself accused of this kind of crime, you need an aggressive criminal defense lawyer to fight for your rights and your freedom. It might be the most significant decision you ever make. Don’t gamble with your freedom. If you are charged with a sex crime, contact an experienced criminal defense attorney immediately.

Sex Crime Consequences

If you’re convicted of a sexual assault, you face fines and prison and you’ll be forced to register as a sex offender. You’ll face restrictions on where you can live and work, and your neighbors can learn all about your conviction simply by going online and googling your name. Your friends and family may turn their back on you after a conviction. An angry ex-­spouse or girlfriend, a resentful student, or a jealous neighbor or coworker can make the charge for any reason whatsoever, and it’s your word against theirs. Still, to convict you, a prosecutor must offer proof of your guilt beyond a reasonable doubt. That’s where a good Long Island criminal defense lawyer can help.

If you’re charged with sexual assault, get aggressive legal representation. Prosecutors take sex crimes seriously; you will be prosecuted to the full extent of the law. Your best hope for staying out of jail, winning a dismissal of charges or an acquittal, and clearing your name is to contact an experienced Long Island criminal defense attorney as early as possible. If you’re accused of a sexual assault, don’t hesitate to stand up for yourself and to get the help you really need.

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Unlawful Surveillance

Peeping Toms. They’re often the butt of jokes by stand-up comedians, but the crime of Unlawful Surveillance in the Second Degree is no laughing matter. When you secretly install a camera or even an audio recording device with the intent of prying into someone’s privacy (such as watching someone undress or listening to a private conversation), it’s a serious crime in the state of New York. Prosecutors and courts tend not to believe that these suspects are “good people who made one mistake.” Installing a surveillance device, especially for salacious or voyeuristic purposes, is considered a malicious, premeditated, and predatory crime in New York. It’s a felony. If you are charged with Unlawful Surveillance in the Second Degree, it’s imperative to obtain defense representation immediately by contacting an experienced Long Island criminal defense attorney.

You do not want to be convicted of this felony. Yes, you’ll face prison time if convicted of Unlawful Surveillance, but even after that, you’ll have to register as a sex offender – just like rapists and child molesters. While being a Peeping Tom may not be “as bad” as being a rapist or a child molester, it makes no difference. Your picture will be available to friends, neighbors, and employers, right there alongside New York’s most heinous sex offenders. Don’t let this happen. A good criminal defense lawyer may find a way to have the charge reduced or dismissed or to have you acquitted. Is there proof the surveillance device belonged to you? Were your rights violated during the investigation or arrest? Even if you committed the crime, a good criminal defense lawyer may be able to introduce mitigating circumstances that induce the court to treat you somewhat more leniently.

If you have been charged with unlawful surveillance, never make contact with the victim. Along with wanting to avoid the perception of victim intimidation, suspects should avoid making contact with victims because anything they say to those victims may be introduced against them in court.  Even if the message is delivered in the form of an apology, a single statement to a victim can crumble that suspect’s defense.

Another reason to avoid making contact with victims is because the victim has very little to do with deciding whether or not charges move forward.  It is up to the prosecution, not the victim, to decide whether or not charges should be pursued, reduced, or dropped entirely.

Perhaps the best reason to avoid contact with victims is because, in most cases, such contact will be forbidden by the court handling the case.  If a court finds out that a suspect has violated any of its orders, the suspect may find him or herself facing an entirely new criminal charge – whether the contact between suspect and victim was friendly or not.

Don’t make a really foolish mistake and get yourself arrested for Unlawful Surveillance. The embarrassment of being arrested will be only your first problem among many. But if you’re charged with Unlawful Surveillance anywhere in the New York City area, protect yourself and your future. Consult at once with an experienced Queens criminal defense attorney.

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Prescription Drug Crimes

As drug crimes lawyers, we know that when people think of drug crimes, they tend to think of marijuana, cocaine, heroin and other drugs, but the truth is, prescription drug charges are just as common. Although recipe drugs such as Vicodin, Xanax, Adderall, OxyContin and Valium are perfectly legal when they are prescribed by a doctor, possession of these drugs can be illegal if the prescription was not issued by a doctor.

What Does the Law Say?

According to New York law, “A person is guilty of criminal diversion of recipe medications and prescriptions… when he or she commits a criminal diversion act.” A “criminal diversion act” is when an individual:

  • transfers or delivers either a plain prescription or the actual recipe medication for payment, while knowing the recipient does not need the medication or recipe for medical purposes
  • receives a plain prescription or the actual recipe medication, while knowing that the seller has no legal authority to sell the medication or recipe

If you are charged with possession of prescription drugs, you could face serious charges that will affect you for the rest of your life. The consequences range in harshness depending on the degree of the crime you are charged with. Prescription drug crimes can range from first degree (the most serious of charges) to fourth degree (the least serious of the charges).

You may be charged with criminal diversion of recipe medications and prescriptions in the fourth degree if you commit anything considered to be a criminal diversion act. This charge is a misdemeanor punishable by up to one year in prison and a fine of up to $1,000.

To be charged with a third degree crime, the value of the drugs in possession must exceed $1,000 or the individual must be a repeat offender. This crime is a class E felony and is punishable by up to four years in prison.

To be charged with a second degree recipe drug possession crime, the value of the drugs in possession must exceed $3,000. This crime is a class D felony and is punishable by up to seven years in prison.

To be charged with a first degree recipe drug possession crime, the value of the drugs must exceed $50,000. This crime is a class C felony and is punishable by up to fifteen years in prison.

Even the least severe of these charges may lead to jail time, so being charged with possession of recipe drugs is no laughing matter. Always consult with a Long Island drug crimes lawyer if you are being investigated or charged with this crime. Our team of criminal defense attorneys will begin working on your case immediately to defend your rights and achieve the best possible outcome.

Prescription Forgeries

If you illegally possess these drugs, you could face serious criminal charges. But, even if you just possess a fraudulent recipe for these drugs, you will face charges. In fact, recipe forgery is on the rise in New York. With the abuse of pharmaceutical prescription drug still on the rise, more criminal profits are made every year through the forgery of narcotics prescriptions, a crime that’s also statistically on the rise. Local law enforcement agencies in New York have cracked down on the illegal purchase and sale of prescription narcotics. A defendant in New York who allegedly has forged prescriptions may face several serious criminal charges.

One reason forged prescriptions succeed: they use genuine recipe paper obtained by theft or bribery from legal healthcare operations. When law enforcement officers discover a large quantity of prescription paper (or the tools for processing thermal prescription paper), it’s deemed as possible evidence of a suspect obtaining and distributing prescription narcotics. Some defendants are also accused of creating prescriptions in the names of actual Medicaid recipients. When these allegations can be demonstrated, defendants already charged with prescription forgery can be additionally charged with Medicaid fraud.

Instead of using genuine recipe paper illegally obtained from a doctor, some individuals just alter an existing recipe that they have legally received from a medical professional. For example, if someone is legally prescribed Xanax, but at a low dose, they could alter the dosage or number of pills that they receive so that they are given more than the doctor intended them to receive. Even though the initial prescription was legal, it is still illegal to tamper with a prescription, and this is considered a forgery.

If you use a forged recipe to obtain medication and are no longer in possession of the forged prescription, you are not safe from prosecution. If it can be proven that you used a fraudulent prescription to obtain the recipe medication, you may still be charged with this crime–even if the actual piece of paper is not in your possession at the time of arrest.

Convictions for recipe forgery can result immediately in fines, prison terms, and restitution payments. Prescription forgery convictions also have long-term consequences that will affect a defendant’s finances and employment for many years. Many employers will be hesitant to hire someone who has been charged with a forged prescription or prescription drug possession, so it may be difficult for you to find a job. But, this is not the only long-term consequence of this crime. If you are not a citizen of the United States, a conviction for prescription forgery may lead to deportation.

 

If you are being investigated or accused of forging prescriptions, or if you’ve been formally charged, speak immediately to an experienced Long Island criminal defense attorney. A good criminal defense lawyer will advise you regarding your legal options, help you obtain evidence and witnesses, and work to have your recipe forgery charge or possession of recipe drugs charge reduced or dismissed. In some cases the court may offer alternative sentences that may include rehabilitation programs, classes, or community service. Speak to a lawyer about whether these options may be available in your case. Don’t let a prescription forgery charge threaten your future or your freedom; if you’re facing the charge, get the help of an experienced criminal defense attorney as quickly as possible.

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Traffic Stops, Searches, And Seizures

Many and probably most New York motorists have been stopped by the police at some point. However, what seems like a simple traffic stop can rapidly become quite serious when police officers suspect that a driver is violating laws other than traffic laws. If you should become a criminal suspect under these circumstances, you really do need to know your legal rights.

When the police make a traffic stop, they are allowed to search the driver if they believe he is armed; this is legal because law enforcement officers have a right to assure their own safety. While patting down a motorist for weapons, if police officers stumble onto drugs or other illegal items, they may confiscate those items and charge the motorist accordingly without any violation of the motorist’s constitutional rights.

However, strict legal limits govern the ability of police to search a motorist’s vehicle; a vehicle’s passenger compartment may be searched only if at least one of two criteria is met. If a driver is within “reaching distance” of the passenger compartment, police may search it, in their own defense, for weapons. Additionally, should law enforcement officers have reasonable cause to believe a vehicle contains evidence of a crime the driver is being charged with, they are legally allowed to search the vehicle. Also, after a vehicle has been legally impounded, law enforcement officers have a legal right to search it. Vehicle owners should be aware at all times what items their vehicle contains and in what situations police officers may legally search the vehicle.

What Are Search Warrants?

A search warrant in New York allows police officers to search a specific place or area, usually one’s home or place of business, at a specific time and to seize specific items. For instance, if the police suspect that you are involved in drug trafficking or selling drugs from your home, they may ask a judge to issue a search warrant for your home and seize any illegal drugs they find there. If the police arrive at your home in New York City or Long Island with a search warrant, get legal help and call a knowledgeable and experienced criminal defense lawyer in Long Island promptly.

Before a warrant can be issued, the police must prepare for the judge a written affidavit showing probable cause. The information in the affidavit may be based on observations by either a police officer or police informant. However, if the informant is anonymous, then the information must be corroborated. Typically, the police will not ask for a warrant until they can affirm to a judge that an undercover officer or informant has recently seen contraband in a specific location. The police cannot base an affidavit on hearsay or rumors. The affidavit must specify the contraband items being sought. Therefore, when police receive search the warrant from the judge, they cannot use it as a license to search everywhere in the premises for anything that might potentially be illegal. For example, if the search warrant is for a stolen vehicle, the police can search your garage but not inside your home.

Unless the police have obtained a “no-knock” warrant – and that’s extremely rare – they must show the search warrant to you so that you can read it prior to or during the search. Keep in mind, you are never obligated to consent to an unwarranted search; however, if there is a search warrant involved, you must permit the search. If the police want to conduct a search without a warrant, you should insist that they obtain a warrant first. Police officers don’t have the right to detain you unless they have a true suspicion that you committed a traffic violation or crime.(or a traffic violation). Whenever you have doubt, you can ask the officer if you are free to consult with a Long Island criminal defense lawyer promptly after the incident.

If you have any questions or concerns about search warrants in New York, or if you’ve been arrested based on evidence discovered in a police search, get legal help as quickly as you can. Put your case promptly in the hands of a knowledgeable  Long Island criminal defense attorney.

Hire A Criminal Defense Attorney in Long Island

If you are arrested in New York state as the result of a vehicle search and seizure, you will have to obtain the services of a criminal defense attorney to ensure that your legal rights are protected. A good criminal defense lawyer will consider the particulars of your case and give you sound legal advice regarding your options. If your case goes to trial, having an experienced criminal defense attorney can help you compile evidence and witnesses, will provide you with a forceful defense and will attempt to have any charges against you reduced or thrown out entirely.

We understand what you are going through, and we understand that people make mistakes. At Mirsky Law Firm, our staff believes everyone has a right to the best legal defense possible. With over two decades of specializing in criminal law, David M. Mirsky has the reputation and expertise to fight your charges. Our team of veteran Long Island criminal defense attorneys have over eighty years of combined experience, and we’re known for our willingness to fight aggressively for our clients. We’ll work to get your charges reduced or dismissed, but we don’t simply take what the courts offer; we fight for you all the way to trial if necessary.

We will strive to clear your good name and allow you to feel free again. When your future is at jeopardy, don’t take chances with a less than an experienced lawyer, or even a public defender. A seasoned attorney that has a team of skilled litigators who are effective in and out of the courtroom. Mirsky Law Firm has the skills and background you need. With solid relationships in the courthouse, the D.A.’s office, along with other local attorneys, there’s no better legal defense in the state of New York.

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114 Old Country Rd, Mineola, NY 11501

Phone: 516-774-1811

David M. Mirsky Law Office
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