WE ARE OPEN AND HERE TO HELP: The Courts Are Presently Closed Except for Emergency Situations and New Arrests. As Always, We’re Here for All Criminal Cases, DWI, Suspended License, Revoked License, Traffic Violations, and Domestic Violence Cases. We Also Do Family Court Criminal Cases; I've Successfully Argued in Nassau County to Have Numerous Felonies Transferred to the Family Courts. We’re Available for Phone Consultations and FaceTime Meetings as Well!

Why Cops Lie

Why would a law enforcement officer lie in a courtroom? When you’re charged with a crime, and you’re innocent, the worst nightmare that can happen is having a police officer tell lies that incriminate you and lead to your conviction. It’s only natural that a police officer is going to have more credibility than a defendant accused of a crime.

Officers are supposed to serve and protect. In court, they’re well-groomed, wearing shining shoes and an air of trustworthiness. Jurors naturally trust them. On the other hand, defendants may arrive in court in a jail-issue orange jumpsuit that symbolizes criminality. Defendants are nervous, may belong to a minority group, and may not even speak English well. Often, defendants already have a criminal record. The deck is stacked against them.

Police officers may lie in court for a wide variety of reasons, but primarily, it is for money. The federal government actually encourages officers to lie because police departments are competing for federal grant funds. Departments are literally rewarded for making more stops, searches, arrests, and winning more convictions than other police departments. The Edward Byrne Memorial Justice Assistance Grant Program offers state and local law enforcement agencies millions of dollars.

Under the Byrne Program, agencies are awarded cash based on the number of arrests, without regard to the seriousness of the crime or the strength of the evidence. Officers have not only lied on the stand, but they’ve actually planted evidence in at least two cities, Tulia, Texas, and Oakland, California. In the Bronx, New York, the district attorney actually refused last year to continue prosecuting people accused of trespassing in housing projects because lying by the police, to improve arrest figures, had reached an epidemic proportion.

This is not what the Founding Fathers would have wanted. The Founding Fathers assumed citizens shouldn’t be jailed just because the government says they are guilty of something. They rightly required law enforcement to prove beyond a reasonable doubt that a defendant had committed a crime. Why? Benjamin Franklin said that, “It is better one hundred guilty Persons should escape than that one innocent Person should suffer.”

If we allow government to cheat to convict the guilty, we cannot stop it from cheating to convict the innocent. So whether a criminal defense attorney’s client is guilty of the crime or wrongly accused, the defense lawyer’s job doesn’t change: make the prosecution prove its case. The real client of a defense attorney is democracy and the justice system. Feldman conducted his defense, and David Westerfield was convicted.

 

If you are charged with a crime, promptly seek out the services of an experienced criminal defense attorney. A good criminal defense attorney will work hard – and knows how – to get your charges reduced or dropped. Should you go to trial, an experienced criminal defense attorney will vigorously defend you and your rights. In a courtroom environment where law enforcement officers are encouraged to lie, you simply cannot do without the services of a good criminal defense lawyer.

By |criminal lawyer|Comments Off on Why Cops Lie
Read More

Taking Or Not Taking The Breath Exam

DWI defense attorneys in New York are split over a very basic question: if you are stopped by the police for suspicion of DWI, should you take the breathalyzer exam? To blow, or not to blow? The first answer is, it depends. The second answer is, in the end, it’s up to you.

Opinion is split because two different things begin when a person is arrested for DWI in the state of New York. Firstly, local law enforcement will initiate a criminal prosecution, and secondly, the New York State Department of Motor Vehicles begins a license suspension procedure.

Some attorneys advise drivers to refuse to take the breathalyzer exam. A breath test provides evidence in the criminal case, so why would you want to give evidence to the prosecution, especially if you’re guilty? If you’re certain that you are nowhere near the legal blood alcohol content (BAC) limit, you may want to go ahead with the breath exam, but if you’ve had even one drink, there’s just no way to be certain about being over or under the limit.

Other attorneys say just go ahead and take the test, guilty or innocent, particularly if like most New Yorkers, you rely on being able to drive. Typically, after an arrest for DWI, your license will be suspended during your arraignment. If you’ve submitted to a breathalyzer test, your DWI attorney can apply for a conditional “hardship” license, and 30 days after your arraignment, a conditional license will allow you to drive to and from work, school, childcare, healthcare appointments, and courtroom dates. But if you refuse to take the breathalyzer test, you will not be eligible for a hardship license. Your license will be suspended for a year, and you will not be allowed to drive at all.

When it is time to collect a sample of blood, breath or urine, the suspect will be advised of the impending sample collection by a police officer / investigator. If the person refuses, the law enforcement agent will advise the suspect of the consequences of a refusal, which typically include fines, revocation of driving privileges, and, depending on a person’s prior DWI convictions, confinement.

If the collection is refused, the law allows the state two options; the first is that the state, through law enforcement agents and trained personnel, can take a sample by force after getting permission from a judge. This is generally the case when a suspected DWI suspect is believed to have caused another person’s injury or death. If a judge refuses to grant permission for a sample to be taken by force, then the state can still move forward with a prosecution by claiming that it was the person’s “guilty conscience” which compelled the person to refuse to provide a sample.

Criminal defense attorneys do agree that, despite these consequences, you should refuse to take the breathalyzer exam if there is an accident or an injury, or if you have been convicted of DWI two or more times in the previous 25 years. If there is an accident or injuries, take no breathalyzer test and remain silent until you can speak to a DWI defense attorney. If you’re facing any DWI charge, you will need the counsel and help of an experienced DWI defense attorney.

A good DWI defense lawyer will evaluate your case, clarify your options, defend your rights, and steer you through the legal process. An experienced DWI attorney may even find grounds to have your charges lowered or dismissed. If you’re facing any DWI charge, speak right away to our DWI lawyers.

By |dwi|Comments Off on Taking Or Not Taking The Breath Exam
Read More

Homicide Charges In New York

Generally speaking, a homicide charge is the most serious criminal charge a person can face. Even if a defendant is ultimately exonerated, just facing a homicide charge can be traumatic and life-changing. Homicide cases are almost always complex and multifaceted, so if you ever face the charge, it’s imperative that you have the very best, experienced criminal defense attorney at your side – someone who will both protect your rights and put forth the best possible defense on your behalf.

In New York, homicide includes premeditated murder, murder for hire, multiple homicides, negligent homicide, vehicular homicide, and aggravated manslaughter. A murder conviction in New York carries a prison sentence of 15 years to life. Manslaughter carries a sentence of 15 to 25 years, and a vehicular homicide conviction can lead to 15 years behind bars.

If you are charged with any of these crimes, your life and your future will literally be at risk. You’ll need an experienced criminal defense attorney who has successfully handled similar cases, someone who can both give your case the attention it needs and who can mount a successful defense leading to reduced charges, dismissal, or acquittal.

You Might Be Liable For a Death, But Not Guilty of Murder

Just because a person was killed as the result of something that another person did or allowed to be done, it does not always mean that the person should be prosecuted criminally. Terrible accidents sometimes happen and people are sometimes in the wrong place at the wrong time.

A major element of the crime of murder in New York is the element of intent. For those unfamiliar with the law, an element is an essential aspect of an offense that a prosecutor must prove beyond a reasonable doubt in order to justify a conviction. If a prosecutor fails to prove even a single element of an offense, then the defendant may not be convicted. Therefore, if a prosecutor fails to show that a murder suspect intended to cause the death of another, then the charge of murder cannot be substantiated, and the defendant would have to be acquitted. This is good social policy because the courts do not wish to punish those who commit bonafide accidents to be punished with the severity that our society punishes cold-blooded murderers and serial killers with.

If a New York citizen was a substantial factor in causing the death of another but the death was caused without the intent to cause death, then the person may not be charged with murder, but may still be found liable for causing the death in civil court. In civil court, the most major consequence of being found to have caused a death is a monetary judgment against the accused (and the person is considered liable for the death) – in New York criminal court, however, the most major consequence of being found guilty of murder is confinement (and the person is considered guilty of murder). While a person might be liable for a death, that person may not be guilty of murder, and anyone accused of murder should let an experienced murder defense attorney handle their case.

If a person negligently causes another’s death, the person may be charged with criminal negligence, which is negligence beyond that which is needed to prove liability in civil court. This is not as severe a charge as murder, but it can still carry with it severe legal consequences. Anyone who is charged with criminal offenses in New York simply can’t afford not to partner with an experienced criminal defense attorney to represent them against the charges filed. In many instances, individuals who are unable to totally defeat charges may still be able to substantially reduce criminal consequences by working with an attorney. This is because an attorney’s analysis of the law and the facts of a case will help the attorney craft a strong and competent defense on behalf of the accused.

Self Defense

In New York, if you’re charged with a homicide, a claim that you acted in self-defense is often the best way to appeal to a jury. After all, acting in self-defense is something we all understand. New York allows self-defense as a legitimate legal defense when you acted to prevent imminent injury to yourself or another. When your legal defense is self-defense, you aren’t disputing that you committed the act; instead, you’re claiming that you were justified. If you are charged with homicide in or near New York City, obtain legal help immediately and call an experienced Long Island criminal defense attorney.

In order to claim self-defense in a homicide case, your attorney will have to make a case for self-defense and present evidence. The prosecution will have to prove beyond a reasonable doubt that you did not act in self-defense, but your attorney merely has to prove that you “probably” acted in self-defense. In other words, your attorney only has to create enough reasonable doubt to prevent a jury from convicting you.

In some situations, however, you cannot plead self-defense. For example, if you start a fight with someone, and then fear for your life and act in self-defense, you claim won’t hold up in court; you started it. And if you’re mugged, you’re allowed to resist, but you can’t kill a mugger just to prevent a purse-snatching. And don’t even think about using self-defense as a legal defense if the homicide victim was an on-duty police officer.

Hire A Long Island Homicide Attorney

If you are currently the target of a homicide investigation, or if you’re already charged with a homicide, make sure your attorney is present before answering any questions from the police or participating in a police lineup. Detectives use many strategies; you really must have your attorney with you any time they speak to you. Don’t try to act as your own lawyer – nothing is more serious in New York courts than a homicide charge. A good criminal defense attorney will protect your legal rights, provide the sound advice you need, and bring your homicide case to its best possible conclusion.

Nothing is more serious than a homicide charge. If you ever face a homicide charge, contact an experienced criminal defense attorney at once. A good criminal defense lawyer will work for you on every front: negotiating with the prosecutor, filing motions to dismiss or suppress, compiling evidence, and lining up your witnesses. An experienced criminal defense attorney will protect your rights and give you the critical advice you’ll need at a most difficult time in your life. Don’t hesitate to hire a good criminal defense lawyer and follow your lawyer’s advice.

By |Homicide|Comments Off on Homicide Charges In New York
Read More

When Crimes Involve The Internet

Computers bring innumerable benefits to society and civilization. With the development of the internet, creative new opportunities for business, education, and communication have expanded and blossomed. But a cost is being paid for these benefits and opportunities, and it’s being paid by the victims of internet crimes. Lawmakers have responded, so over the last quarter-century, an entirely new branch of criminal law has emerged.

Crimes committed over the internet are now met with a broad, formidable array of recently-adopted measures intended to protect the innocent and deliver justice to the guilty. Still, advances in computer technology are matched at every step by advances in criminal methods and techniques. From the privacy of locked basements, bedrooms, and offices, criminals pursue crimes ranging from credit card scams to internet stalking. Often, these crimes remain undetected or unreported for months and sometimes longer.

The rapid rise of internet crimes and their sometimes horrific nature has compelled legislators to create (and judges and juries to impose) stiff sentences for defendants convicted of these crimes. Because internet crimes can be complicated and stealthy, it’s sometimes difficult for law officers to obtain the evidence and build the cases they need for convictions. Those suspected of criminal activity on the internet may be monitored or otherwise subject to surveillance for weeks or even months. And sometimes, suspects are falsely accused, framed, or have simply surfed the internet to find themselves unintentionally involved in a computer crime.

Today, federal law as well as the state laws of New York view internet crimes quite seriously. Convictions, depending on the specific charge, can result in costly fines or lengthy incarceration. If you are being investigated for or charged with an internet crime, you need to obtain the services of an experienced criminal defense attorney without delay. Criminal laws governing the internet can be complex and confusing, so the assistance of a criminal defense attorney with experience in this modern branch of criminal law is invaluable.

Identity Theft: A Common Computer Crime

In the 1960s, young people were obsessed with “finding themselves.” One famous rock song repeatedly posed the question, “Who are you?” However, in the 21st century, when you find your identity, you better hold onto it tightly, because identity thieves are everywhere. In 1998, the federal government first dealt with the matter by passing the Identity Theft and Assumption Deterrence Act, which made identity theft a federal crime. Six years later, Congress passed the Identity Theft Penalty Enhancement Act, which addressed aggravated identity theft and imposed harsher penalties for those convicted of committing such crimes.

Generally speaking, identity theft is stealing someone else’s personal information and then using that information to commit fraud, forgery, or a related crime. If you are accused of identity theft on Long Island or in New York City, you’ll need advice and representation from an experienced Long Island criminal defense attorney. A person’s name may be stolen, but identity thieves usually take more: Social Security numbers, bank account numbers, addresses, telephone numbers, credit card numbers, birth and death certificates, computer passwords, and anything else that can be used to impersonate an identity theft victim. Identity theft is typically linked to a theft or fraud crime such as forgery, embezzlement, insurance fraud, healthcare fraud, or exploitation of the elderly.

As the internet continues to evolve, thieves have found new ways to commit identity theft. Criminals can use Trojan horse computer viruses to infiltrate your computer and steal your personal information. Thieves can also use email phishing, which is an email where a thieve claims to be a legitimate business, asking the receivers to visit a website and enter their personal information in order to receive some kind of benefit. Once the information is entered, the victim does not receive anything…besides a stolen identity.

Under New York state law, Identity Theft in the First Degree is a Class D felony punishable by up to seven years in prison. Identity Theft in the Second Degree is a Class E felony punishable by up to four years in prison, and Identity Theft in the Third Degree is a misdemeanor punishable by up to a year in jail. If you’re charged with identity theft as a federal crime, the penalties can be even more severe.

Of course, not everyone charged with identity theft is guilty. If you genuinely had no criminal intent, if the entire incident was simply a misunderstanding, or if you’ve been misidentified or falsely accused, there’s no reason you should be convicted, but you must have legal counsel. If you are charged on Long Island or in New York City, arrange at once to speak with an experienced Long Island criminal defense attorney.

Be Careful Online

Lawmakers and courts have done what they can to protect the innocent and hold accountable the guilty, but advances in law enforcement and law enforcement technology are matched, it seems, at every step by innovative new crimes and criminal methods. Internet-related crimes often go unreported for months if they’re reported at all.

The internet is s tool used by thieves and embezzlers, con artists of all types, child molesters and child pornographers, and by those who post something called “revenge porn.” Vandalism – the disruption of a company’s or agency’s website and the business they do there – is also a common online crime. Because crime on the internet is complicated and surreptitious, it’s can be tough for police officers to gather the evidence they need for arrests and convictions. Some suspects are wrongly accused, intentionally framed, or simply made a mistake arriving at the wrong website or downloading the wrong item. Almost anyone could be accused of a computer-related crime. If you’re charged with a computer-related crime on Long Island or in New York City, immediately contact an experienced Long Island criminal defense lawyer.

When you’re online, be careful. Federal laws and New York state laws both treat internet crimes as serious crimes, and when internet crimes involve children, you can forget about mercy from the court if you’re convicted. If you are being investigated for an internet crime or charged with one, now or in the future, obtain sound legal advice and aggressive defense representation immediately. Arrange as quickly as possible to consult with an experienced Long Island criminal defense lawyer.

By |criminal lawyer|Comments Off on When Crimes Involve The Internet
Read More

Soliciting: Embarrassing And Also Criminal

For the typical New Yorker, simply being accused of a serious crime can be a nearly traumatic experience. Even after being acquitted or cleared of all suspicion of a crime, people can often be hurt or humiliated by the lasting sting of a criminal accusation. Besides the legal penalties, you could also face other serious consequences. Once your friends, family members and significant other find out about the charges, they may turn their back on you, disgraced or disappointed with your behavior. If your employer finds out about the charges, you may be ostracized in the workplace or looked down upon, and it may even impact your chances at finding another place to work, since the charge will be on your record if convicted.

Anyone accused of any serious crime will need the counsel of a first-class criminal defense attorney.

While it’s not as serious as a charge of murder or child abuse, the charge of soliciting a prostitute is typically one of the most humiliating of criminal charges anyone can face. State law in New York defines soliciting a prostitute as paying someone to engage in sexual conduct, or agreeing to pay someone or a 3rd party to engage in sexual conduct (or to provide someone who will), or merely soliciting or asking someone to engage in sexual conduct for financial compensation, whether offered immediately or merely promised. Historically in our state, a number of other serious crimes have many times been linked to escort services and prostitution operations. Soliciting is never, ever a smart thing to do.

While soliciting a prostitute is by law “only” a Class A misdemeanor in the state of New York, it can nevertheless carry a jail sentence of up to a full year. Of course, whenever a person is charged with a serious crime, his or her first move always should be to seek out the services of an experienced criminal defense attorney.

Particularly when someone is charged with a crime as potentially serious and embarrassing as soliciting a prostitute, a criminal defense lawyer’s guidance and expertise will be invaluable. A good criminal defense attorney will work hard – and knows how – to get your charges reduced or dropped, and he or she will also strive to limit other damages you may suffer as a result of being charged or tried for solicitation.

Other Charges

It’s supposed to be the oldest profession, but in the State of New York, it’s an illegal profession.

The New York Penal Code says that you are guilty of prostitution if you agree or offer “to engage in sexual conduct with another person in return for a fee.” The basic prostitution charge is a class B misdemeanor (regardless of your orientation or gender). Those convicted face up to three months in jail and a fine up to $500. That’s only the beginning. A number of other prostitution-related laws apply in New York. If you are charged with prostitution or with patronizing a prostitute on Long Island or anywhere in the New York City area, get legal help and representation immediately. Call an experienced Long Island criminal defense attorney. Other prostitution-related offenses in New York include:

  • Patronizing a prostitute in a school zone, a class A misdemeanor
  • Patronizing a prostitute in the third degree (when the person being patronized is under 17 years of age), a class A misdemeanor
  • Patronizing a prostitute in second degree (when the person being patronized is under 14 years of age), a class E felony
  • Patronizing a prostitute in the first degree when the person being patronized is under 11 years of age), a class D felony
  • Anyone convicted of patronizing prostituted children under the age of 17 is required to register as a sex offender in New York. If you are a teacher, your teaching certificate will be revoked if you are required to register as a sex offender.

Innocent people are often accused of prostitution because they’ve been “entrapped” by police officers or some other misunderstanding has occurred. If you’re accused of prostitution or patronizing, the police still must adhere to legal investigation and arrest procedures, and a prosecutor still must prove your guilt beyond a reasonable doubt. If you are arrested for prostitution or for patronizing in or around New York City, retain the services of an experienced Long Island criminal defense attorney immediately.

Why You Need An Attorney

It’s something everyone should know if they don’t already know. Anyone accused of a serious crime in the state of New York will need the counsel of a first-class criminal defense attorney. Of course, “serious” is a relative term. If you’ve committed a non-violent crime that hasn’t injured or robbed anyone, compared to murder or rape, it may not be so “serious,” but any crime that’s punishable by fines or time in jail is “serious” in most people’s estimation. 

Especially when anyone is accused of an offense as serious and, for many, as embarrassing as solicitation or prostitution, a criminal defense attorney’s advice and representation is imperative. It’s possible that you had no criminal intent whatever; there may have been a complete misunderstanding, you may have been misidentified, or the story may be a complete fabrication. An experienced Long Island criminal defense attorney can work diligently on your behalf to bring your solicitation case to its best possible conclusion. If you’re charged with solicitation anywhere in New York, make the call immediately.

If you are charged with solicitation or any other prostitution charges in New York, politely tell the police that you are exercising your right to remain silent and that you insist on your right to have an attorney present during any questioning. A good defense lawyer will assess your case, gather evidence, speak to witnesses, ensure that your rights are protected, and fight vigorously for justice on your behalf. Don’t try to act as your own attorney, and do not plead guilty to solicitation. Too much is at stake. Instead, fight the charge with the help of an experienced Long Island criminal defense attorney, and make the call promptly.

By |criminal lawyer, sex crime|Comments Off on Soliciting: Embarrassing And Also Criminal
Read More

What About Arson?

Arson is legally defined as the willful, malicious burning or charring of property. Bombings may also be considered arsons, and a targeted structure need not be entirely destroyed for arson to be charged. There are many types of arson crimes, ranging from terrorism to insurance fraud. While most arsons are directed against buildings, pyromania can also be charged against anyone setting fire to forest lands, boats, airplanes, or other properties.

Most states identify several degrees of pyromania, based on factors such as the building’s occupancy (or lack of it) and whether insurance fraud was involved. Setting fire to an occupied building will almost always bring a more severe arson charge than burning an abandoned barn in a rural setting. Arson is often part of domestic violence situations, used to hide other crimes including murder and fraud. Arsons involving death may produce murder charges in some states; arson is handled in several ways in various state and federal courts.

There Are Charges For Burning My Own Property?

In the state of New York, it doesn’t matter whether or not a person owns the structure which he or she sets fire to, that person can still be charged with arson and face fines, jail time, or both, under New York law.

The idea of going to prison over the burning of one’s own property might seem excessive, but the reason for the law is pretty simple – to protect citizens of New York from wayward and out of control fires set by people who thought they could keep the fire under control.

There are several instances in the past where defendants would use their intent only to cause damage to their own property as a defense against criminal charges for burning the property of another.  This has been shown where defendants set fire to their own property to prevent somebody else from getting it (“If I can’t have it, nobody can”) or so that they could collect the insurance cash from the destruction of the property.

Some people engage in pyromania for insurance fraud to get easy money. This can lead to even more criminal charges. For example, a person has a $1 million fire insurance policy on a ramshackle building that would be worth only $500,000 on the market. If the person burns the building down and then tries to collect on the insurance policy, that person may be convicted on two separate charges: arson and insurance fraud. A prosecutor will need to prove that the fire was initially started maliciously; there’s no legal requirement for the building to burn completely or for the fraud to be successful.

It takes a pretty culpable state of mind to burn a property out of revenge or for a quick payday, but just because a fire happens, it does not always mean that a suspect was criminally culpable in setting it, and the law recognizes this.

Criminal vs. Accidental

The law makes clear distinctions between a person’s behavior and understands that accidents should not be punished as harshly as intentional malicious conduct.

It doesn’t matter what the suspect’s original intent in starting the fire actually was, so long as he or she actually intended to start the original fire.  In other words, a person who lights a match, with no other intent than to light it, watch it burn, and stomp it out, can be charged criminally under New York arson laws if that match falls to the ground and burns down a building.  Even though the intent was not to burn down the building, the fact that the original lighting of the match was an intentional act will create the link from having no intent to burn down a building to facing criminal pyromania charges.

Unfortunately, working against an overzealous prosecutor can muffle a suspect and prevent his or her side of the story from being told fully and honestly.  This is why pyromania suspects are urged to partner with a credentialed arson criminal defense attorney as soon as they have contact with the police in regards to an alleged arson.  Only with an experienced attorney by their side will the accused have the best possible chance of having their side of the story heard in an unbiased court of law.

Arson Charges

The state of New York recognizes pyromania in five different characterized degrees. The first degree of the offense is the highest, and the fifth-degree is the lowest level of the offense.

First degree arson is a class A felony. This is the most serious charge to face – the charges involve the suspect causing serious injury to another person who wasn’t involved in the setting of the fire initially, or when a suspect starts a fire to receive financial gain.

Second degree arson is known as a class B felony, and it’s the second most serious type charge of arson, which involves someone who intentionally caused damage to a structure by starting a fire with another individual inside who didn’t know about the intent.

Third-degree arson is a class C felony. Someone receives this charge when they are accused of intentionally causing damage on a structure with fire.

Fourth degree arson, which is a class E felony, involves a lower standard when it comes to proof. This charge occurs when the accused individual causes reckless damage to a setting a fire on purpose.

Fifth degree arson, which is a class A misdemeanor, is known as the least serious charge that someone can face – it involves a suspect who caused damage to a property intentionally, without having the permission of the property owner, by intentionally causing an explosion or starting a fire.

Hire A Long Island Arson Attorney

Arson penalties can be serious. Depending on various circumstances involving a case, an arson suspect could face up to 25 years of prison time if convicted.  Along with jail time, those who are accused of arson could potentially pay some serious fines and not have any support from family and friends. The punishment will be dependant on the specific case details, along with more serious punishments for people whose actions result in  serious injury or death of another individual.

If you or someone you know faces criminal arson charges in the state of New York, hire an experienced criminal defense attorney immediately. If you’ve been charged, or even if you’re only being questioned, you need the counsel and direction of a good criminal defense lawyer. Arson cases don’t go away; they often get worse as the investigations continue. If you are suspected of arson or involved with arson in any way, speaking to a criminal defense attorney is the wisest choice you can make.

By |arson|Comments Off on What About Arson?
Read More

Finding A Criminal Defense Attorney

In New York, criminal defendants generally have the right not to have to prove their innocence, because it is the job of the prosecutor to prove guilt beyond a reasonable doubt. It is never the defendant’s job to provide evidence against him or herself. Knowing this, it is in a suspect’s best interests to remain silent in the face of police questioning, and to wait until legal counsel has been retained before making any comments or answering any questions about the allegations under investigation.

This Extends Beyond the Police

In addition to refusing to answer questions from police regarding an open investigation, criminal suspects should refrain from discussing the incidents with friends, family, coworkers, and anyone who is not their criminal defense attorney. Not only can circulating information about a case spread rumors like wild fire, but anyone that the criminal suspect confides in may be called to testify against the suspect as to the information that was shared. Instead of mulling over pending charges for whatever the alleged offense was, criminal suspects who are released from police custody prior to trial are advised to try to get back to normal, to let an attorney handle the courts, and to spend time with loved ones.

This is also true of anyone else involved in the case. Even though it may seem okay to discuss the facts of a case with someone who was there, even if that other person was the victim, this is never okay and, in some cases, may even lead to additional charges. Criminal suspects are advised to never attempt to contact the victims, witnesses, or fellow suspects of a case while it is still going through the courts. This may be perceived as victim / witness intimidation (a crime in New York), and lead to additional criminal charges that the suspect will have to deal with.

Finding a Criminal Defense Attorney

Let’s say you’ve been charged with a serious criminal offense, something like armed robbery, rape, or child abuse, and you’re seeking a criminal defense attorney. The first attorney that you speak with tells you that your defense is unlikely to be successful if your case goes to trial; he or she suggests that your best option is a plea agreement leading to a reduced sentence. This first defense attorney offers to take your case for a relatively low fee, maybe $1,000. But you don’t want a conviction even on a lower charge, and you don’t want to face any kind of sentencing, even a relatively insubstantial sentence.

The second criminal defense attorney you speak with offers you a completely different scenario. This second attorney believes you can prevail at trial, offers to help you line up evidence and witnesses, and promises to provide you with a vigorous defense. The second attorney also has a fee of $5,000. Assuming you are an average working person with an average working person’s income, which attorney would you choose?

People who believe in their hearts that they are innocent overwhelmingly tend to choose the second attorney, pay the higher fee, and go to trial. Most Americans are unwilling “on principle” to plead guilty to any crime, no matter how minor, when they believe they are innocent. Additionally, Americans tend, consciously or subconsciously, to consider anyone who “undersells” services to be cheap and probably incompetent. Add to this that the first attorney is offering an “unsatisfactory” result, and the second attorney will almost always be the choice.

That’s unfortunate. The first attorney has offered our hypothetical defendant honest, realistic advice at a fair price. What the second attorney has offered may be pie-in-the-sky at a more exorbitant cost. What’s an accused person to do?

There’s no magic answer to this dilemma, but you can take several smart steps. First, be realistic with yourself. Even if you believe yourself to be innocent, what story does the evidence tell others? Your innocence may not be so clear and apparent to others. Secondly, talk with more than two attorneys; five or six is not too many. This will give you a better and broader perspective on your situation. Thirdly, if you are charged with any criminal offense, find a criminal defense attorney you really, personally trust. Ask your family and friends for referrals and recommendations. Find an experienced criminal defense attorney with a good reputation and roots in your community.

Your time, your money, and your freedom are among your most valuable assets, so be cautious. You don’t have to hire the first attorney you consult, or the second. If you’re facing any serious criminal charge, you’ll need to find the most qualified and experienced defense attorney available. But don’t delay; to give you the best possible advice and defense, a good criminal defense lawyer will need some time to assess your case. If you face a criminal charge, start your search for a good criminal defense lawyer immediately.

Additional Stress is Never Worth It

Despite the fact that New York citizens have the right to represent their own legal interests and serve as their own attorneys, this tactic is hardly ever advised. In the rare instances where it may be advisable, it would be because the suspect also happens to have a background in criminal defense and criminal litigation – but even attorneys hire other attorneys when they need to respond to criminal allegations. Unless a suspect has this kind of experience, it is advised that they contact a professional New York criminal defense attorney to ensure they have the best chance possible of responding to and beating, or at least substantially reducing, criminal consequences.

If they were to decide to act as their own legal counsel, criminal suspects would be placed under a considerable amount of stress. Having to juggle the burden of crafting a competent legal defense while trying to manage all of the commitments of personal life is something that many will find frustrating and barely worth the trouble.

Instead of putting oneself under the stress of trying to defend against criminal charges, criminal suspects are advised to let a criminal defense attorney do the job of defending against charges. The experience, professional resources, and dedication to professionalism that attorneys offer their clients will be very valuable in helping them deal with the courts.

Will You Have to Testify?

The Fifth Amendment to the United States Constitution guarantees that a defendant accused of a crime does not have to take the witness stand in his or her own trial. When defendants exercise that option, judges explain to jurors that not testifying is not an admission of guilt. Nevertheless, in the minds of jurors and observers, failure to testify is often perceived as a strategy of the guilty. If I were on trial, many people think, I’d certainly want the chance to tell my side of the story.

The truth is that many defendants do want to speak for themselves, but their attorneys often advise against it. If the judge (or the defense) has allowed a prior conviction to become an item in the case, a prosecutor is likely to focus attention on that prior conviction during the cross-examination. A second reason a client might not take the stand is simply if he or she is a weak public speaker.

If a defendant seems nervous (and of course a defendant is going to seem nervous in most cases), jurors may unfairly equate nervousness with guilt. And if a defendant has a short fuse, his or her defense attorney will strongly discourage the defendant from testifying. The world is full of angry people, and most of them aren’t criminals, but losing your temper on the witness stand is almost a guaranteed ticket to prison.

A good criminal defense lawyer has the experience to know when a defendant should or should not testify. If you – rightly or wrongly – have been charged with a crime in the state of New York, speak with an experienced criminal defense attorney immediately. A good criminal defense lawyer will work diligently to defend you and will give you the advice you need. Moreover, an experienced criminal defense attorney is the only person qualified to advise you and to guide you through the legal procedures you’ll face. Don’t delay; if you’re charged with a serious crime, find a good criminal defense lawyer immediately.

By |criminal lawyer|Comments Off on Finding A Criminal Defense Attorney
Read More

Consent, Intoxication and Date Rape in New York

You don’t actually have to be on a date with someone in order to be charged with date rape against the person in New York. Identified as distinct from traditional violation, date rape typically involves the voluntary or involuntary intoxication of the victim. The reason why sex with a person who is intoxicated can become a case of date rape is because the law generally invalidates consent for sex when it is given during a state of intoxication. New York law presumes that one who is intoxicated does not have the mental capability to form valid consent. Therefore, even the fact that an alleged victim did provide consent may not be a defense to a date rape charge down the road.

Consensual vs. Non-Consensual Sex

When intoxicated, a victim does not have the mental awareness to legally consent to sexual activity.  An inability to protest sexual advances because of intoxication is not de-facto consent.  The fact that intoxication renders a victim unable to protest sexual contact carries the same weight as if the victim had plainly and of sober mind refused the contact.  However, alleged date violation offenders can also face charges if the victim does give consent while under the influence of drugs or alcohol but revokes the consent later.  In this case, affirmative consent, given under the influence, may be found equal to lack of consent by New York courts.

Unfortunately, date violation is a very difficult accusation to prove and disprove.  The primary problem is that, when the sexual contact occurs, it is typically between the two individual parties, without any other witnesses or testimony to be considered.  As one might imagine, this creates a “he said” / “she said” scenario that the court must dissect in order to uncover the truth.  Even more unfortunate is that this difficulty of provability has led to some people using the claim of date violation as a tool of revenge or against someone whom the alleged victim simply regrets having sex with later.

The best way to avoid a false claim of date rape is to simply avoid mixing large amounts of drugs or alcohol in a social setting where sex may result.  If it is too late to take this advice, and the accusation of date rape has already been made, the alleged offender in New York is urged to immediately contact an experienced date rape attorney for help.

Despite what a public defender may advise, pleading guilty to a charge of date rape is generally not a good idea.  Doing everything possible to move on past the allegations and put the experience behind them is understandable, but can have major negative implications on offenders, including jail time and the loss of certain rights and privileges granted to other New York residents.  Instead, an experienced date rape attorney should be consulted as soon as possible following any accusations.

Date Rape Charges

Depending on the circumstances, a particular date violation allegation may be charged as a first, second, or third-degree rape:

  • Rape in the first degree is a Class B felony, the most serious rape charge. It is rape by force or compulsion, or where the victim is unable to consent, or is younger than 11, or younger than 13 if the perpetrator is over 18.
  • Rape in the second degree is a Class D felony. It is the rape of someone younger than 15 by someone over 18, or intercourse with someone unable to consent because of mental incapacity.
  • Rape in the third degree is intercourse with someone less than 17 (and thus incapable of consent), or intercourse with someone unable to consent for some reason other than mental incapacity.

All three of these charges carry serious consequences and should never be taken lightly.

Avoiding Charges

Perhaps the best way to avoid criminal date violation charges in New York is to avoid situations where drugs or alcohol will be served. The biggest factor in any date violation charge will be the intoxication of the party alleging the offense. If you don’t put yourself in a sexual situation with someone who is intoxicated, then you can never be convicted of date rape.

Unfortunately, avoiding certain situations is not always possible. Therefore, it is in your best interest to know how to respond to accusations of date violation if you ever find yourself facing such charges.

Above All, Exercise the Right to Remain Silent

No matter the specific facts and circumstances revolving around an allegation of date rape, it is best for you to avoid answering questions or making comments about the incident to any police investigators. At first contact with police, you should express your desire to exercise your right to remain silent. Unless you make it known that you would like to exercise the right to remain silent, then any silence which you maintain during questioning by police may actually be used against you at trial. This is allowed because the U.S. Supreme Court has ruled that the protections of the 5th amendment (the one that protects against self incrimination) do not become “active” until a rights advisement is made by a police officer or until the person talking to police clearly invokes the right.

The reason why a person who is accused of date rape in New York should exercise the right to remain silent during police contact is because it is easy for a police officer or investigator to misunderstand or misreport what you are trying to say. Further, trying to keep the facts straight under police pressure and the threat of criminal charges is not something that many people will find easy to do – even if they are absolutely innocent of any offenses.

Let an Attorney Help

A New York criminal defense attorney can help you tremendously if you are ever accused of date rape. The attorney will screen any and all questions from investigators and will argue your innocence on your behalf. If you are convicted of date rape, you can expect to spend some time behind bars and to have a very difficult time adjusting to life after the charges, which is why you can’t afford to face such serious charges without an attorney’s help.

By |rape|Comments Off on Consent, Intoxication and Date Rape in New York
Read More

Remaining Silent: Always in Best Interest

Those who are arrested for criminal offenses in New York will undoubtedly have plenty of questions about the process and the consequences that being found guilty of the offense may bring. However, these questions should only be asked to and explained by competent criminal defense attorneys, never police officers or criminal investigators.

When Accusations are Made

As soon as accusations of criminal conduct are made against a person, that person should immediately refrain from making any further comments or answering any questions regarding the allegations and should instead elect to remain silent.

Despite how they think that remaining silent will make them look, remaining silent is always in the best interest of a New York criminal suspect. When a person remains silent, then the person’s own statements or comments can’t be used against the person in trial. Considering the fact that police officers and investigators are human and prone to misunderstandings, having a statement or comment misunderstood, misinterpreted, or misreported can be much more damaging to a person’s defense than simply waiting for an attorney to provide counsel and to handle questions on the suspect’s behalf.

What is the 5th Amendment?

Most people know the 1st amendment, which guarantees the right to free speech, freedom of the press, freedom of religion, etc – and many people know the second amendment, which grants the right to bear arms, but many are unaware of the 5th amendment and the protections that it grants.

Under the U.S. Constitution, the 5th amendment provides that individuals shall have the right not to have their life, liberty, or property seized without due process of law, and the right not to bear witness against oneself – another way of saying the right not to self incriminate.

When a police officer informs a criminal suspect of his or her right to remain silent, that right can remain in force and exercised for the rest of criminal proceedings. Following an arrest and the advisement of rights, a person need not say a single word and can still defeat charges. Remember O.J. Simpson? He didn’t utter a single word on the record at his criminal murder trial in the 1990s. This wasn’t some clever ploy used by Johnnie Cochran to win the case, it was the exercising of a right which he, as the criminal defendant, was given.

The reason the right exists and why it was included in our Constitution is because our founding fathers were tired of living under a government that could sling wild accusations about members of the public and then force the accused individuals to disprove the charges. As one might imagine, this led to terrible abuses of justice, and the founding fathers wanted to ensure that no matter how heinous the charges, it would be the job of the state to show that they are true, never the job of the accused to show that they are false. Only in very rare cases will any burden shift to a criminal defendant at trial. If a government attorney cannot prove the charges against a suspect beyond a reasonable doubt, then the suspect must be set free.

How to Invoke 5th Amendment Protections

Some of the most damning evidence that is gathered against a person suspected of a crime is gathered before an arrest is made, and sometimes it is evidence in the form of testimony that is offered by the very suspect of the crime. Since police don’t usually divulge all the details of their investigations to everyone they speak to, knowing exactly why a police officer or investigator is asking certain questions is next to impossible. If no arrest is made, the police have no duty to inform anyone they suspect of an offense that the questions they are answering may be used against them.

Therefore, it is best to invoke the right to remain silent as soon as contact with police starts. This now has to be done by saying something like “I invoke / exercise my right to remain silent.”  It may seem trivial, but saying this little statement to a police officer or investigator as soon as possible can mean the difference between Constitutional protections and incriminating oneself by remaining mute.

If Possible, Avoid Public Defenders

Public defenders are attorneys appointed by the court to suspects who otherwise would not be able to afford legal counsel. While the intent behind public defenders is noble, many in jurisdictions with crowded courts are often reduced to nothing more than makers of plea bargains. A plea bargain is a deal made between a prosecutor and criminal suspect in which the prosecutor agrees to drop more serious charges in exchange for a confession to less serious charges. Unfortunately, public defenders advise their clients to take these deals even when those clients have a solid chance at a real defense – usually in order to help the court clear up its backlog of cases.

If they are advised by a public defender to take a plea deal, suspects should always get a second opinion. In fact, it would be best if those suspects could avoid being assigned a public defender altogether and instead work with independent legal counsel as soon in the process as possible.

Above All, Stay Silent

No matter what a person is accused of, by whom the person is accused, and no matter the person’s prior offenses or convictions, it is always in a suspect’s best interest to refrain from answering any questions and to refer all questions to legal counsel.

Contrary to popular belief, police and criminal investigators don’t need the statements or comments of criminal suspects in order to justify an arrest or move forward with a prosecution. If evidence of a crime exists, then an arrest and prosecution can be made with no help, no answers, and no comments from the suspect. Often times, however, there is not enough evidence of an offense to justify an arrest or prosecution, and questions made by police and investigators are little more than fishing expeditions to get the suspect to incriminate him or herself – which all suspects have the right not to do.

By |arrested|Comments Off on Remaining Silent: Always in Best Interest
Read More

Facing a Reckless Driving Charge

In New York, reckless driving is driving in a way that poses an unreasonable danger to other travelers on the highway/roadway.  The accusation will usually be brought by police officers that pull over and cite the accused for the offense, or as a result of witness statements that report the accused to have been driving reckless before an accident occurred.  No matter where the accusations come from, anyone charged with reckless driving can face serious fines and penalties.  If the risk posed by a person’s reckless driving is deemed especially outrageous, the court may sentence the accused to time in jail and/or suspend or revoke the accused’s driving privileges.

New York’s Definition

The state of New York defines the offense of reckless driving as the operation or use of any vehicle propelled by means other than muscle power in a way which unreasonably interferes with the public’s free and proper use of the highway, or in a way that puts members of the public in unreasonable danger.

At first glance, this statute may seem pretty straightforward, but it is noticeably broad. The terms “free and proper” and “unreasonable” could be interpreted in different ways by different police officers and prosecutors. An unfortunate truth about reckless driving charges is that, in many cases, a citation for a lesser infraction would have sufficed under the law, but for whatever reason, the officer at the scene decided either purposely or mistakenly to charge reckless driving, and the prosecutor bringing the charges decided to pursue the matter.

Pulled Over; Remain Silent

When a person is pulled over or otherwise has contact with law enforcement because of the way they have been driving, it is generally best not to ask anything of or say anything to police.  Even if the situation is nothing more than a regular traffic stop, the police do not need to be answered or spoken to in order for them to effectively to their jobs.  Even if a person has not been read his or her rights, the right to remain silent always applies.

It might seem trivial not to answer the questions of police on a regular traffic stop, but the police do not exist to judge our offenses on the sides of roads, they exist to gather evidence and present that evidence to a prosecutor.  Anyone who has contact with an on duty police officer can bet, no matter how cordial the encounter might seem, the officer is likely talking to them to gather evidence on behalf of the prosecution.  Instead of forcing someone to tell their side of the story as an intimidating police officer towers over, or following an intense commotion of some kind, the law allows citizens to discuss the matter and their legal options with counsel.

Identify, Comply, Sign

When a person is pulled over by police, the only thing he or she has to do is identify him or herself, which can be done by simply showing an official ID card.  A New York issued driver’s license contains everything an officer will need to identify someone they have pulled over – so nobody who presents a valid driver’s license need say anything at all in order to satisfy this requirement of identification.  Further, remaining silent does not mean remaining still.  If police give an order, such as “get out of the car” or “show me your hands,” a person should always comply.  Finally, when the officer gives a driver a citation to sign, the citation can and should be signed.  All it means is that the person pulled over received a copy of the citation – it in no way means that the person admits guilt.

Contempt of Cop

One aspect of police culture which permeates the ranks in agencies across the country and, in fact, around the world, is known as contempt of cop. Essentially, when a police officer feels disrespected, he or she will exaggerate the facts and inflate the charges primarily out of spite. Though not technically allowed, the mindset is allowed to exist because there is nothing actually illegal about using fancy words and clever grammatical tactics to make a suspect’s actions seem all the more serious when the officer goes to type the official police report.

For example, an officer who pulls over a driver for failing to signal before changing lanes and driving five miles over the speed limit could issue a traffic ticket for these offenses as infractions. Any narrative attached to the citation would likely sound something like this: “Driver failed to signal before entering a new lane and was traveling 5 miles per hour over the speed limit.

Now, if the officer feels disrespected by the driver, or is simply feeling overzealous, he or she could use language like this in a narrative:  “Driver erratically changed lanes while traveling in excess of the posted speed limit. Based on my years of law enforcement training and experience, I determined the suspect’s actions to be a danger to fellow users of the roadway and initiated a traffic stop.”

When sent to a prosecutor, the narrative with more flourish would seem much more like it was discussing an incident which justifies reckless driving charges, even though both narratives describe the same incident.

This is perhaps one of the most common reasons why people who should otherwise get a simple citation for an infraction have to go through the hassle of dealing with a reckless driving charge, and it is also a very good reason why a reckless driving defense attorney should be secured to review and handle reckless driving charges in New York.

Following the issuance of a citation for reckless driving, the cited person should immediately contact an experienced reckless driving criminal attorney.  In many cases, a criminal defense attorney will fight for reduced fines, reduced penalties, the preservation of driving privileges, and, sometimes, for the complete dismissal of the citation.  Each case is different and only an experienced attorney will be able to advise the accused on his or her best legal options.

By |reckless driving|Comments Off on Facing a Reckless Driving Charge
Read More

Contact Our Offices Today!

Mirsky Law Firm

Click to activate map

114 Old Country Rd, Mineola, NY 11501

Phone: 516-774-1811

David M. Mirsky Law Office
        Contact Us Subscribe
Thank you for subscription!
Thank you! Your message has been submitted to us.