Criminal Law

In 2019, lawmakers in New York passed legislation eliminating the use of cash bail for non-violent felony charges and most misdemeanors. The move was in respect of the recognition that a person’s liberty should not be pegged on their wealth.

The State changed the laws once again in 2020 and has done again in 2022. How do the new bail laws affect you if you have been charged with a crime? A Long Island criminal justice attorney explains how New York changed its bail laws again.

How Do Defendants Pay Bail?

Cash bail is the amount of money an accused defendant pays to be released from custody as they await trial. It’s a deterrent that prevents the accused from running away and failing to show up at the pretrial and the trial itself. The bail money is refundable once the proceeding is complete and the accused is found innocent of the charges.

Defendants can pay bail in one of two ways:

• Cash bail, where the total amount set by the judge is payable to the court
• Commercial bonds where people associated with the defendant pay a profit-making bail bond firm a non-refundable fraction of the bail amount, and the company pays the total amount to the court

If a person can’t raise the bail amount through any of these methods, they must remain in jail until the end of their trial. You need a Long Island criminal defense attorney to represent you during your criminal case trial. They can negotiate a fair bail amount for you to secure your freedom.

What Was the Bail Reform of 2020?

The State passed sweeping bail reforms in 2020 and also made some updates to bail laws. Most of the reforms brought to an end cash bail provision for most misdemeanors and non-violent felonies. Many people faced with such charges were released.

For those facing charges for crimes with a possibility of getting bail, judges would release them with the least restraining circumstances imposed to ensure they return to court. When setting bail, judges would consider the individual’s ability to pay. The reforms extended bail options to include a partially secured bond option in addition to cash bail or bond.

Even with bail as an option, judges still need to use other means to ensure the accused returns to court. For example, they could retain their passport or impose electronic monitoring.

What Are the Bail Changes in 2022?

The new law allows judges to set bail for violent felony cases. The defendant must pay an assessed bail or face detention. In non-violent felony or misdemeanor cases, judges can release people on their recognizance or determine other conditions to ensure the accused returns to court, for example imposing travel restrictions or pretrial supervision.

The law requires judges to prioritize the conditions that will ensure a person returns to court and not consider a defendant’s subjective view of their being dangerous when deciding the release conditions. In other words, courts must preserve the presumption that a person is innocent until proven guilty. The attempt is to reduce racial bias against defendants.

Bail Eligibility

Judges retain the discretion to set bail in some high-risk cases. For example, defendants who have previously been released and re-arrested for another offense may get bail if both charges are felonies or Class A misdemeanors involving harm to a person or property.

Defendants may also be eligible for bail if they’re charged with a felony while on probation. Consult your bail and bonds attorney in Long Island to determine if you’re eligible for bail depending on the case circumstances.

What Has Been the Impact of New York’s bail Reform Laws?

Many factors come into play when determining the impact of the cash bail reform in New York. Some questions that arise are the following:

• The number of people who remain jailed before a trial
• The number of people who successfully return to court for the trial
• The number of people re-arrested while awaiting trial

Getting enough data is tough, and implementing new policies may take a long time. However, a noticeable change is that the population in state jails has been significantly declining since the cash bail reforms took effect.

Impact on Racial Justice

The assumption that everyone is innocent until proven guilty benefits everyone in society. However, an attempt to roll back bail reforms will disproportionately impact Black people and other people of color. For example, White New Yorkers are twice as likely to be released on bail as Black New Yorkers.

Black people in New York are twice as likely as White people in New York to spend a night in jail and face collateral consequences. These include loss of housing, employment, and childcare after bail was set. A skilled Long Island bail and bonds attorney can help you fight for equal rights in your bail determination.

What is the Connection Between Bail and Crime?

The argument for cash bail reforms was based on increased crime rates over the last two years. The State has recorded an uptick in homicides and shootings since 2020, and within the same period, violent crimes have also increased across states that didn’t change their state bail laws.

In other words, the bail reform may not have contributed to increased crime rates. Those released did not get re-arrested; for those who did, it was for a non-violent crime.

An Experienced Criminal Defense Attorney Fighting to Protect Your Freedom

If you’re facing criminal charges, you deserve to get bail and not be jailed during the trial. You have the right to freedom depending on what the law stipulates on bail for various charges. If you feel like you or your loved one are unfairly being denied bail, consult a Long Island criminal justice lawyer to fight for your rights and freedom.

We have years of experience in criminal defense cases and can help you build a solid defense to avoid a conviction. We can fight to get you a bail amount you can afford so that you can have your freedom during trial. We know that your future is on the line, and we will work to protect your freedom. Contact us for a FREE case assessment.

If your child is under 16 years old and is arrested in Long Island and alleged to have committed a crime, he or she will usually be charged with committing a “delinquent act” and may be charged as a “juvenile delinquent” in Family Court.

Although there are important legal implications of being identified as a legal juvenile that your Long Island juvenile defense attorney will explain, as a person over seven and less than sixteen years of age may commit a crime, due to their age they may not be criminally responsible by reason of infancy.

The first, and possibly most important thing you can do for your child is to understand the difference between these two outcomes: Whether they are being adjudicated a “juvenile offender” or convicted of a crime as an adult. This is extremely significant.

A “juvenile offender” is usually defined as being a person thirteen to fifteen years old who is criminally responsible for acts constituting certain very serious felonies. While a juvenile offender adjudication will not give the child a criminal record (this is the critical point), it does allow a prosecutor to treat a serious case against a child in essentially the same way as an adult charged with the same offense.

How and where your child’s case is handled, and how the child is treated depends on several factors including the child’s age, intent, and past criminal record. Children who are accused of committing crimes usually fall into three categories: Juvenile Delinquent, Juvenile Offender, and Adolescent Offender.

Due to the vague nature of these charges, and their complexity the best way for you to help them is to consult with a Long Island juvenile defense lawyer as soon as possible. Making sure your child’s case is handled correctly starts there, and how they are charged, and in what court can make all the difference.

What Are the Three Categories That My Accused Child Can Fall Into?

Your child, who is accused of committing a crime, can fall into one of three categories, they are:

Juvenile Delinquent – A Juvenile Delinquent is a child over 7, but under 18 years of age, who commits an act that would be a crime if it had been committed by an adult. Juvenile offenders, who are 13, 14, and 15 years of age, are not considered Juvenile Delinquents. Juvenile Delinquents are handled in Family Court. Juvenile Delinquents do not go to adult jails. Instead, the court decides where they need to be placed. Juvenile Delinquents do not have criminal records. Most cases fall under Family Court proceedings and are confidential and in some instances, the cases can be sealed.

Juvenile Offender – A child who is 13, 14, or 15-years-old and charged with committing a serious or violent felony offense is considered a Juvenile Offender. These cases are heard in the Youth Part of the Supreme or County Court. Juvenile Offenders who are convicted are usually subject to less severe sentences than adults. Juvenile Offenders who are convicted will have a permanent criminal record unless the Court grants Youth Offender status.

Adolescent Offender – Your 16 or 17-year-old who commits a felony is considered an adolescent offender. This means that the case is originally heard in the Youth Part of the Supreme or County Court. However, the case may be transferred to the Family Court, where the youth will be considered a juvenile delinquent and will be eligible to receive all the services and programs available to all juvenile delinquents.

How, and where your child is charged and will appear is vital to how they will be treated and possibly sentenced. These laws change all the time, and your juvenile defense lawyer will be invaluable in getting your child placed where the consequences may be the least severe. Consult with your juvenile defense lawyer immediately and get ahead of your child’s case. as this is an area where you and your experienced juvenile defense lawyer can be of dynamic help to your child’s future.

What is the Age Of “Criminal Responsibility” in New York?

New York’s justice system has tried to improve the way it treats younger people in the courts. Legislation has been introduced to raise the age of criminal responsibility to 18 years of age. Before that New York was previously one of only two states that automatically prosecuted 16- and 17-year-olds as adults. This, of course, still may depend on the crime itself and if violence were involved. It still can be a vague legal area though, and only by having a professional juvenile defense lawyer, can you protect your child and have the best chance of a good outcome.

For example, if your child is convicted for a very serious offense, this could mean that your 13-year-old in New York City, Long Island, and throughout New York State can potentially be given a life sentence.

How Does Juvenile Offending differ from Adult Offending?

It is a widely accepted truth that crime is committed disproportionately by young people. Persons aged 15 to 19 years are more likely to be processed by police for the commission of a crime than are members of any other population group.

However, this does not necessarily mean that juveniles are responsible for most of the recorded crimes. On the contrary, police data indicate that juveniles comprise a minority of all offenders who encounter the police. This is primarily because offending “peaks” in late adolescence when young people are aged 18 to 19 years old and are no longer legally defined as juveniles.

For several reasons, juveniles are more likely than adults to come to the attention of police, such as:

• They are less experienced at committing offenses.
• They usually commit offenses in groups.
• They commit offenses in public areas such as on public transport, malls, etc.
• They usually commit offenses close to where they live.

It is exceptionally important to note, and even more, the reason to not let this situation get out of control legally. Act immediately and consult with a Long Island defense lawyer that will work for you and your child’s best interests.

My Child is Facing Juvenile Court on Long Island, What Should I Do First?

With all the vagaries in the Long Island juvenile justice system, the best way to help is to not let this situation get out of hand. Nothing is more important than your child, and their future. The Mirsky Law Firm has regularly, routinely, and successfully helped juvenile’s overt serious consequences with the best legal representation possible. Consult with them first, and get the help you, and your child needs.

DUI and DWI are used interchangeably in New York outside the courtrooms and everyday language. However, New York laws distinguish the various types of DUI-related charges. These include DUI, DWI, and DWAI.

Knowing the differences and the penalties they attract can better equip you to defend yourself in court. A Long Island criminal lawyer can help you understand the differences and the risks you face if facing a DUI or DWI charge.

What is Drunk Driving in New York?

Driving under the influence is one of the most common causes of auto accidents in New York. According to statistics from the New York State Department of Motor Vehicles, there’s an annual average of:

• 4,288 non-fatal injuries
• 8,384 collisions
• 322 fatalities related to drunk driving

If you receive a DUI or DWI conviction in New York, you risk getting harsh penalties. A criminal lawyer in Long Island can help you create a strong defense to protect your right, freedom, and future.

How Are DUI and DWI Different in New York?

Despite the interchangeable use of DUI and DWI in New York, the two have distinct differences.

What is DWI

DWI refers to driving while intoxicated. It mostly relates to cases of people who drive while legally intoxicated or drunk with alcohol. The driver’s breath alcohol content (BAC) must be at least 0.08%. That’s the legal limit in New York for driving while intoxicated.

What is DUI

DUI stands for driving under the influence and broadly encompasses intoxication by other substances and alcohol. Any mind-altering substance like heroin, marijuana, and some prescription drugs like hydrocodone and oxycodone fall under this category.

DWI can be classified as a form of DUI, hence the interchangeable use of the two terms. New York laws consider DUI an umbrella term that includes different types of impaired driving.

You can get any type of DUI without driving your vehicle. For example, if you turn on your car’s engine while under the influence without the intention of diving, you can be liable for DUI. A Long Island DWI and DUI defense lawyer provides legal representation and presents a strong defense to prevent your case from going this way.

What is DWAI

Another type of impaired driving worth mentioning is DWAI. DWAI refers to driving while ability impaired and applies to cases where the driver’s BAC is less than the legal limit of 0.08%. However, the driver is still found to be impaired by substances like drugs or alcohol to any extent.

DWAI charges are often less severe than DWI charges unless the driver used a combination of drugs and alcohol, causing severe impairment. The offense becomes worse if the driver causes an accident, injuring or killing someone. Any damages to a property due to the driver’s impairment also contribute to harsher penalties.

What Are the Penalties for DUI and DWI Charges in New York?

New York imposes various penalties for people with DUI and DWI cases based on how severe the crime is and the frequency of crime commission.

Penalties for Driving While Intoxicated

DUI penalties in New York for driving while intoxicated are as follows:

• First violation: An automatic fine of between $500 and $1,000, license revocation for at least six months, and no jail time necessary
• Second violation: Five days in jail or 30 days of community service if the first DWI happened within the past five years.
• Third violation: 10 days in jail o 60 days of community service if the two previous violations happened within the last five years.

Penalties for DWAI Charges

A DWAI charge is typically less severe than a DWI or DUI. If convicted of a DWAI for the first time, the possible penalties include:

• A fine of up to $1,000
• Probation of up to three years
• Jail time of up to one years
• Automatic revocation of your driver’s license for at least six months

The penalties can increase with subsequent violations, up to being charged with a felony instead of a misdemeanor. A DWI and DUI defense lawyer in Long Island can come to your defense to have the charge reduced or dropped altogether.

How Long Does a DUI or DWI Stay on Your Insurance Record?

A DUI conviction in New York can affect your insurance for up to 10 years. That depends on how far back the insurance company checks your driver’s motor vehicle record. Most car insurers will check your record for the past 3-5 years when calculating your premiums. Others can move further back to check for major violations.

Can You Seal a DUI or DWI Record in New York?

A DUI or DWI conviction can have severe adverse consequences that make them worse than some other felonies or misdemeanors. You risk jail time, fines, and having your license revoked. The costs to retrieve your vehicle from police impound, get your license back, pay court charges, and obtain SR-22 insurance make the conviction more expensive than other crimes in the same category.

Fortunately, you can have your DWI or DUI record in New York sealed. The law allows you to apply to have one felony and one misdemeanor or up to two misdemeanors sealed. The offenses must be at least ten years old and meet other recording sealing requirements as stipulated by the law. Talk to a DWI and DUI defense lawyer in Long Island to help you get a second chance by sealing your DWI or DUI conviction record.

A Professional Defense Lawyer Helping You Understand Your Rights

A DUI or DWI record can adversely affect your life, affecting your chances at employment and diminishing your reputation. Luckily, a DWI and DUI defense lawyer in Long Island can help you understand the risk you face in each charge and the available legal options.

Our Long Island criminal defense firm is ready to help you with the process. Depending on the circumstances of the case, we can help you get lesser penalties or have the charges dropped. We want to help protect your rights and future. Contact us today to schedule a FREE case evaluation.

When someone is convicted of a crime, they can be left with the shadow of a criminal record looming over them. A criminal record can make the everyday life of a person difficult. It depicts the person as dangerous, sneaky, untrustworthy, reckless, and careless.

Luckily, you can take advantage of record sealing and expungement in New York to help you hide your criminal record. A Long Island criminal lawyer with experience in record sealing and expungement can prevent a credit agency, prospective employer, government official, or landlord from seeing your criminal record when doing background checks on you.

Record sealing and expungement are different processes but available in many states in the U.S. If you want a fresh start, learn more about the two processes and seek answers to any of your questions.

How Is Record Sealing Different from Expungement?

The difference between record sealing and expungement is mainly technical, but the two are basically the same. When a record is sealed, the criminal record still exists but cannot be accessed by individuals. Only certain government agencies like law enforcement and courts can see the record.

In an expungement, however, the records are entirely eliminated as if the crime never happened. In New York State, you can only get your criminal record sealed. Expungements are not offered in the state.

Do I Qualify for Criminal Record Sealing?

Not anyone can have their records sealed in New York. A person must first be eligible to apply for sealing. In addition, being eligible for sealing doesn’t mean you will automatically succeed in sealing your records. It just means that the judge will consider your application.

With the help of a Long Island sealing attorney, you can determine whether you are eligible to apply for record sealing or not. However, the criteria are listed below:

• Absence of current or pending criminal charges
• 10 years have passed since your sentence or release from prison
• You have not exhausted the maximum number of convictions you can seal in New York
• You don’t have more than two convictions on your record
• You don’t have recent criminal convictions

What Type of Cases Can Be Automatically Sealed in Long Island, NY?

If a case is concluded in favor of the defendant, it may be sealed without further steps from them. A case is concluded in favor of the defendant if:

• The defendant was acquitted
• The case was dismissed
• The prosecutor declined to prosecute
• Conviction was vacated

For children and youthful defendants, their records may be sealed automatically. Certain traffic violations and infractions may also be sealed.

What Type of Cases Can Be Sealed in Long Island, NY?

You can seal only 2 convictions in New York, with only 1 being a felony. All misdemeanors are eligible for sealing except where one is required to register as a sex offender.

Others include:

• Non-criminal violations, e.g., Trespassing
• Charge with no conviction
• Drug possession of less than 7/8 of an ounce of marijuana, three years after being convicted
• Certain felonies where no additional pending charges exist and have satisfied any court-mandated program

Anyone in Long Island who wants to have their record sealed must seek the help of a skilled and experienced criminal defense lawyer who can help file a motion in court on their behalf and petition to seal their records. Because this is not easy, you need a qualified Long Island record-sealing attorney who understands the process.

What Type of Crimes Cannot Be Sealed in NY?

Some crimes are viewed as having substantial risk to the public and therefore don’t qualify for sealing. They include, but are not limited to:

• Most sex offenses
• Class A felonies, which are the most serious crimes in New York
• Certain offenses categorized as “violent crimes”
• Certain felonies defined in the statute

Offenses like simple assault, drug possession, vandalism, theft, and public intoxication are all eligible for sealing. It’s best to speak to a skilled attorney handling criminal cases in Suffolk County who can inform you whether your crime is eligible for sealing or not.

Who Can See a Sealed Record?

The main difference between a sealed record and expungement is that criminal records that are sealed still exist and can be seen by certain individuals, like:

• You
• An employer, if your job requires you to carry a gun
• Any person you authorize to access your records
• Your parole officer, if you are arrested while on probation or parole
• Prosecutor or law enforcement through a court order signed by the judge. It occurs mostly if you are arrested for a crime related to your sealed crime.

How Do I Seal a Record In New York?

It may take approximately 90 days to have a criminal record sealed in New York.

The procedure will involve the following:

• Filing an application while providing any supporting documents
• Submitting the application to the court which presides over the criminal offense. You can address the judge who presided over the case if s/he is still in the same court.
• Submitting a copy of the application to the District Attorney (DA) where the conviction happened. The DA has 45 days to respond to the court if there’s an objection.
• If the judge doesn’t deny the application after the objection of the DA, a hearing may be requested. Your skilled Long Island criminal lawyer will then present additional evidence and arguments in your favor.
• Judge issues a ruling

A Professional Defense Lawyer Helping You Get a Fresh Start

A criminal record can make your life difficult. Luckily, our experienced record sealing lawyer in Long Island understands the processes and laws involved. We can help you determine your eligibility for criminal record sealing in New York.

Our Mineola criminal defense law firm is ready to help you with the process. Once your records are sealed, you don’t have to worry about missed opportunities like a job, housing, or loan. Schedule a FREE consultation with us, and we will give you the advice and guidance to help you move forward.

Being a parent is hard, incredibly hard. But on top of everything else, it can be a confusing experience when your child is charged with a crime. There is a lot that needs to be done and this can vary depending on the age of the child, too.

One of the questions that often comes up when parents are first grappling with the fact that their child has been charged with a juvenile crime is that of responsibility. “What am I responsible for here?” Many worry that they will be responsible for getting their child a lawyer. As a parent, you can hire a lawyer for your child but if you don’t have the money to then one will be provided by the court.

But there is a whole other range of responsibilities you have as a parent. These stem from what are known as parental responsibility laws.

What is the Parental Responsibility Law?

New York state’s parental responsibility law can be found under N.Y General Obligations Law 3-112. This law defines the parental responsibilities for the damages caused by a minor child. This defines the oldest a child can be to court towards this law as 17, since they can be tried as an adult once they hit 18. But it also states very plainly that it applies to children who are 10 or older.

So as a parent of a child on Long Island you would be held responsible for the damages of your child so long as they were between the ages of 10 and 17. It is also important to note that this does not apply to parents across the board but rather to those that have custody. A parent or a guardian can be held responsible but if the child’s custody was held by social services then that responsibility would not then magically fall onto the parent. This would be entirely unfair, as that parent does not have a large enough role in the child’s life to count as responsible for them.

What Damages Could I Be Liable for Through the Parental Responsibility Law?

Pretty much anybody can seek to recover damages from you for the actions of your child. That means an individual, a corporation, a church or even a municipality itself can pursue damages. This particular point is kept wide in order to allow anybody that was wronged to be able to seek damages, if it was narrowed down then certain people and groups might not be able to pursue damages and thereby be let down by the law meant to help them.

3-112 is most strongly concerned with property damage. However, the damage that your child did to the property must have been done so willfully or maliciously. This is important because it means that there was intent behind your child’s actions. If they damage a property by way of an accident then parental responsibility does not come into play. 3-112 is written in such a manner as to more or less cover the whole range of property damages from destruction and vandalism to theft and the like.

3-112 in New York state also covers false bomb crimes. If a child plants a false bomb or calls in a false bomb threat then you could be held responsible for the cost that the property would lose due to business being shut down, as well as the cost required to deploy a bomb unit and enough law enforcement officers to cordon off the area from the public. This can easily get more and more expensive at an exponential rate. Thankfully, there is a limit liability in place up to $5000.

What Happens if I Can’t Pay for the Damages My Child Caused?

If the damages that you are required to pay are more than $500 then you can apply for the equivalent of a hardship forgiveness. In order to do this you need to gather a lot of evidence to show that you are simply unable to afford the damages you’re being asked to pay. The court will hear all of the evidence you present them with and make a decision based upon it.

At this point the court may decide to forgive a portion of the damage in order to provide the parent with a more affordable cost. However, this only applies to damages that are more than $500 and as such no damage will be reduced down to less than $500. You can pretty much bet that if you have to pay damages for your child then it’s not going to be less than $500.

How Can I Defend Myself From Paying These Damages?

There are some defenses which can help prevent you from having to pay damages on behalf of your child’s actions. One such defense is to be excused from liability for a minor which left your custody without cause. For example, if your child has run away from home then you can’t be held responsible for the actions that they’ve taken.

In many cases, what you’ll find is that parents have a hard time getting by without paying for the damages their children have caused. However, good parenting tends to be respected in the court and those parents that show a willingness to be responsible for their actions, and especially those that show that they are taking an active role in teaching their children why what they did was wrong, tend to have smaller amounts of damages they are liable for.

But the best way to avoid paying for damages from your child’s action is to hire an experienced lawyer that can help your child to win their case. That’s why we here at Mirsky Law Firm want to help you. Give us a call at (516) 299-6187 to see how we can help you and your child move past this hardship.

Most people can go their whole life without landing on the wrong side of the law. Most people’s fear of being arrested focuses on the image of the handcuffs being slapped on. But being cuffed is only one small part of the arrest process. When it comes to the full process, there is a lot that people don’t fully understand.

When you are arrested you’re taken down to the police station and you go through the steps of having your photo and fingerprints taken. From there, you move into holding until you can be taken to your pre-arraignment conference and then from there on to your arraignment itself. The outcome of the arraignment will determine whether you get to go back into the community afterwards or whether you’ll be made to stay in jail longer.

What Happens at an Arraignment?

Your arraignment will be the first time you are in court due to the charges you are being presented with. As such, it is a much shorter experience than your trial because there isn’t evidence to be presented or witnesses to be questioned.

Your arraignment is focused not on what will happen from the charges you are presented with but rather what will happen between this presentation and the time of your trial. As such it deals with how you can be released back into society for the time being and it has a strong focus on whether you can be trusted to return for your court day on your own accord.

There are several ways in which you may be allowed to leave your arraignment. If you are released on your own recognizance then you will be allowed to leave back into society until your court date. You could be held until the date of your trial, as is the case with many violent crimes like homicide. Or you could be held until you can post bail if you are considered a flight risk.

How Do Misdemeanor Arraignments and Felony Arraignments Differ?

Misdemeanor arraignments and felony arraignments are more similar than you might think considering that they represent two different categories of crime in regards to severity.

In general, misdemeanor crimes are those that can be punished with up to a year in jail. Felony crimes have a minimum sentence of at least a year. During your arraignment it is not uncommon for the prosecution to allow you to plead guilty to a lesser charge. However, this is much more rare in felony cases than it is in misdemeanor cases.

Pleading guilty to a less charge may seem like a good way to get out of worse trouble but it is important than you never plead guilty to a charge without first consulting a lawyer.

Should I Have an Attorney at my Arraignment?

You should absolutely have a good attorney with you at your arraignment if you can. There are several points during the arraignment process where an attorney will make it easier for you, or at the least a good attorney will be able to help you from feeling completely overwhelmed by the whole process.

Before your arraignment begins there is what is called a pre-arraignment conference. At this conference you will be made aware of all the evidence against you at this point in the case. This can seem very overwhelming, especially if you’ve never had a pre-arraignment conference before. It is easy to feel like your case is hopeless and many people feel that a guilty plea is the only way to go.

An attorney will be much better prepared when it comes to the pre-arraignment conference. They will have seen the process before and know how it translates in terms of your case. This means that they will be able to help keep you calm and stop you from making a rash decision due to emotions.

Because a defense attorney will have seen this all before, they will be able to help you get a real sense of how strong the case against you is. This means that they can caution your expectations if things look bad but it also means that they can help get the case dismissed, too, if there isn’t enough evidence or some sort of breach of your rights involved.

Finally, when it comes to the arraignment itself an attorney is a valuable asset when it comes to your bail or bond. Bail can cost quite a lot of money and there are always cases where people just can’t afford to pay for their bond. This ultimately means that they have to stay in jail until their trial and nobody wants that. But a good attorney can help to get your bail set at a reasonable price and they will have relationships with bail bondsmen who can ensure that you spend the time before your trial in the community and with your family.

When Should I Get an Attorney?

It is important to get an attorney as soon as possible after being arrested. The closer an attorney is to the crime itself, the more they will be able to influence the case in order to help prevent you from being overwhelmed or tricked into admitting to a crime you didn’t commit.

If your loved one has been arrested then you can approach an attorney on their behalf while they are dealing with the police. There is no reason to delay in acting. Every minute could be the difference between your loved one being let back into the community or them signing their life away because they were made nervous about their case.

At Mirsky Law Firm we strive to help defend those in need. If you have a loved one that is soon facing an arraignment for new charges then reach out, we’re here to help. Call (516) 299-6187 to learn more about how we can help defend you or your loved one today. It’s always better to move quick than wait until it’s too late!

You’ve seen it a hundred times in courtroom movies and TV dramas. An eyewitness to a crime points dramatically at the defendant and says something like, “He did it.” Usually, the music rises at this point, and the guilty verdict is inevitable. But that’s only for television and the movies.

In real life, even though thousands of people are sent to prisons in the U.S. each year for criminal convictions, not all of them are guilty of committing a crime. This is where an assault and battery lawyer can help.

For decades, research has been casting doubt on the reliability of eyewitness identifications of criminal suspects. In fact, researchers have compiled substantial evidence that the impressionable nature of memory and perception inevitably makes eyewitness testimony unreliable.

WHAT IF YOU ARE WRONGLY ACCUSED OF A CRIME?

Still, prosecutors routinely rely on eyewitnesses to deliver crucial testimony against criminal defendants. Can you be convicted for a crime that you didn’t commit on the basis of a misidentification? If you are wrongly charged with a crime in New York, what are your options?

If you are charged with any felony or with any misdemeanor in New York City, it is imperative to contact and meet with an experienced Long Island criminal defense attorney as quickly as possible.

WHY IS EYEWITNESS MISIDENTIFICATION A GROWING CONCERN?

Eyewitness misidentifications in criminal trials have been a growing concern for nearly two decades. That’s because DNA evidence is now being used routinely to prove irrefutably the innocence of persons who had been previously convicted on the basis of eyewitness testimony.

How does misidentification happen? Here’s an example. Let’s say that someone is shot and dies in front of several witnesses. One witness claims that you are the person who pulled the trigger and that you immediately fled.

This alone gives the police sufficient cause to arrest you and launch an investigation. If your case goes to trial, and if the trial jurors believe the eyewitness, it is conceivable that you could be convicted and imprisoned for manslaughter or even for murder.

HOW OFTEN DO EYEWITNESSES MISIDENTIFY SUSPECTS?

Juries do tend to trust eyewitnesses, but research tells us that eyewitnesses can misidentify suspects and defendants for a variety of reasons related to memory and perception.

According to the Innocence Project, wrongful eyewitness identifications played a role in seventy percent of 364 criminal convictions that have been overturned in the U.S. since 1992. Witnesses simply were wrong. For whatever reason, they contributed to an innocent person’s conviction.

If you are charged with a crime in New York, if you are innocent of the charge, and if your attorney cannot have the charge dropped or dismissed, you should not accept a plea bargain. Rather, you should insist on your right to a trial by jury.

HOW WILL A DEFENSE LAW FIRM IN NY CHALLENGE A MISIDENTIFICATION?

If you are tried for a crime because an eyewitness has misidentified you, an accomplished defense lawyer will challenge that testimony by asking questions like these:

• Did the witness know the defendant prior to the crime?
• How well could the witness see? Was it dark? What lighting was being used?
• How far away was the witness? Was his or her vision obstructed in any way?
• Was the witness impaired by drugs or alcohol? Does the witness have a vision problem?
• How much time elapsed between the crime and the (mis)identification?

In 2017, the New York Legislature adopted legal reforms aimed at reducing the number of wrongful convictions and eyewitness misidentifications. What can be the consequences of eyewitness misidentification?

WHY IS THE OTIS BOONE CASE SO IMPORTANT IN NEW YORK?

For Otis Boone, 27, eyewitness misidentification meant seven years in prison. In 2017, New York Appellate Court judges ordered a retrial and required that going forward, New York judges must explain the “cross-race effect” to jurors in cases involving eyewitness identifications.

The cross-race effect is the tendency to recognize more easily faces of one’s own race. In a study of real court cases, cross-race eyewitnesses made correct identifications in only 45 percent of the cases, while same-race eyewitnesses made correct identifications in 60 percent of the cases.

At his retrial earlier this year, Boone was acquitted of robbery after attorneys told the New York Court of Appeals that the cross-race effect made it impossible for the witnesses to identify Boone with absolute certainty.

ARE THERE OTHER REASONS FOR EYEWITNESS MISIDENTIFICATIONS?

Along with the cross-race effect, other reasons for eyewitness misidentifications include:

• Lineups: Police officers who conduct lineups may subtly encourage a crime victim to choose a suspect out of a lineup – even if no one in the lineup perpetrated the crime.
• Stress: Victims who are exposed to stressful circumstances (like having your life threatened with a firearm) may not remember important details about a person’s appearance.
• Time, distance, and lighting: If a long period of time has elapsed since the crime, if the lighting was poor, or if the witness was some distance from the perpetrator of the crime, an eyewitness identification probably will not be reliable.

Especially after the Otis Boone case, the courts in New York are taking every measure to avoid basing convictions on eyewitness identifications alone.

WHAT SHOULD YOU DO IF YOU ARE WRONGLY ARRESTED?

If you are arrested in New York City for a crime – any crime – on the basis of eyewitness identification (or misidentification), you must exercise your right to remain silent and your right to have an attorney present during any questioning.

Be polite and cooperative with the police, but be insistent regarding your rights. Don’t resist the officers, but do not give your verbal consent to a search of your home, vehicle, or person. As quickly as possible after an arrest, contact an experienced Long Island criminal defense attorney.

If you are wrongly facing a criminal charge because of eyewitness misidentification, a good criminal defense lawyer will raise doubts about the testimony of that eyewitness. Your attorney will fight aggressively for the truth and will bring your case to its best possible conclusion.

If you are charged with a crime in New York, whether you are innocent or guilty, you have the right to be represented by a good criminal defense attorney, but you must exercise that right, take the first step, and make the call. Nothing is more important than your future and your freedom.

Perhaps you have seen them – burglaries, assaults, armed robberies, and even mass shootings – live and in color on Facebook, YouTube, and other internet social media sites. Can a person be charged for a crime if the state’s case is based entirely on a video that was posted to the internet?

Evidence from social media sites is used by insurance companies in personal injury cases and by assault and battery lawyers and investigators. It is even used in divorce cases. Police departments and prosecutors in the U.S. – and in fact, around the world – also use evidence from social media sites in criminal investigations.

IF THERE’S VIDEO EVIDENCE AGAINST YOU, CAN AN ATTORNEY HELP?

Video evidence may be admitted into criminal trials in New York. If you’re the defendant in a case with video evidence, your defense attorney will need to show why you might not be the figure in the video, and/or your attorney must cast doubt on the video’s authenticity.

Here in New York, if you’re prosecuted for a crime based on video evidence that’s on YouTube – or based on any other video – you must have representation and sound legal advice at once. You will need to contact an experienced Long Island criminal defense attorney immediately.

A reliable defense attorney will explain your rights after an arrest. Your attorney then will craft an effective defense strategy and will advocate aggressively for the justice that you will need.

WHEN MAY VIDEO EVIDENCE BE USED IN A TRIAL?

Police agencies and prosecutors in this state regularly scrutinize YouTube, Facebook, and a variety of other social media sites to seek evidence of criminal activity and evidence they may use in criminal prosecutions.

In what circumstances may prosecutors introduce video evidence against a criminal defendant? Any video that is used by a prosecutor at trial must prove or demonstrate something important regarding the case and must be authenticated by an expert on video.

WHAT’S NEW ABOUT VIDEOS THAT DEPICT CRIMES?

You already know that property owners and retailers have used video as a security tool for many years, but criminals taking video of themselves perpetrating crimes – and uploading that video – is a recent development. Some of the criminals even boast on-camera about their illegal acts.

However, when a criminal uploads video of a crime and boasts about it, it’s self-incrimination. It’s a tendency that seems to be growing, a 21st-century version of criminals like Jack the Ripper and the Zodiac Killer, who boasted of their crimes in letters that they sent to newspaper editors.

What’s new in our own time is the ability to create video and to distribute it instantly – or even live – to millions of viewers around the globe. Over 1.6 billion people use Facebook each month, and more than a billion monthly viewers watch videos on YouTube.

IF THERE’S VIDEO EVIDENCE, HOW WILL YOUR LAWYER DEFEND YOU?

Can a criminal defense attorney assist you if a video shows you breaking the law, you are arrested and charged, and the video is used against you as evidence?

If that happens, your lawyer will have to prove one or more of these defense claims:

• The video doesn’t actually show what the prosecution claims that it shows.
• The video is fabricated, or someone has tampered with it.
• The individual who is engaged in the crime on-camera isn’t you.

ARE THERE GUIDELINES FOR ONLINE POLICE INVESTIGATIONS?

When a video is introduced, a criminal trial’s outcome may hinge on the video’s reliability. How significant is video evidence to criminal investigators? In 2011, the police in New York City established their own “social media” unit and set forth guidelines for online investigations.

However, outside of larger cities like Los Angeles and New York, many police agencies around the U.S. have no guidelines whatsoever for the online investigations of crimes, and police officers in these situations frequently must rely on their own judgment and discretion.

Here is what you need to know about online privacy. You should presume that anything you post online – and even anything that someone else may post – can be introduced as evidence if you’re prosecuted for a crime. It’s best to presume that nothing online is private or is ever really deleted.

WHEN SHOULD YOU SPEAK TO A CRIMINAL DEFENSE LAW FIRM IN NY?

Do not allow yourself to be charged or convicted of a crime because of a fabricated or corrupted video that someone has posted to Facebook or YouTube. Get a lawyer’s help at once.

If you are arrested for a crime in New York City on the basis of an online video, you must be advised and represented by a qualified Long Island criminal defense attorney who is experienced with video technology and its use in criminal cases.

Your defense lawyer will determine if the video is reliable. If you are innocent, your lawyer may first attempt to have the charge against you dismissed, and if the charge cannot be dismissed, your case may go to trial, and your lawyer will ask jurors to return a not guilty verdict.

WHAT IS THE ROLE OF EXPERT WITNESSES IN CASES INVOLVING VIDEO?

As a part of your defense strategy, if such a case goes to trial, your criminal defense lawyer may ask a video expert witness to testify regarding the authenticity and reliability of the video.

However, if a video that shows you committing a crime is legitimate, your lawyer may suggest taking a plea agreement that convicts you of a lesser crime and imposes a lesser penalty.

WHAT SHOULD YOU DO IF YOU ARE ARRESTED BECAUSE OF A VIDEO?

If you are charged with any crime on Long Island or in New York City, you have the right to remain silent, and you need to exercise that right. Be polite, but say something like, “I’m sorry, but I would prefer to exercise my right to remain silent until my attorney can be present.”

Do not admit to anything if you’ve been arrested, don’t sign anything, and don’t accept any plea deal before you consult a criminal defense attorney. If you are charged with a crime, the help of a good attorney is your right, but you are the one who must take the first step and make the call.