criminal lawyer Archives - David M. Mirsky Law Office

How Does New York Address DUIs with Minors in the Vehicle?

What Does the Law Say About Drunk Driving with a Child in the Car?

Being arrested and charged for driving while intoxicated (DWI) can result in severe penalties under Leandra Law. Possible punishments are fines, probation, surcharges, DMV fees, and jail time. The situation becomes worse when you’re charged with a DWI while a child is in the car. You can be charged with a felony for committing a DWI with a child below 16 years in the vehicle.

The law gets its name from Leandra Rosado, an 11-year-old who was killed in a drunk driving accident. First-time offenders can face Class E felony, with a possible sentence of 4 years in prison upon conviction. A skilled Long Island criminal justice attorney who understands that mistakes can happen can provide legal representation to help you beat the charges.

How Do I Get a DWI in New York?

You can face charges for a DWI or DUI if caught driving after consuming drugs or alcohol. If law enforcers find you with a blood BAC of 0.08% or higher, they will charge you with a DWI. You can also face charges for driving while ability impaired (DWAI) if police officers determine you were driving under the influence of drugs.

What Are the Penalties for DWI with a Minor in the Car?

While a DWI with a minor in the car is a Class E felony with a minimum of four years in prison, the sentences can differ depending on a combination of factors. You could face a Class C felony charge if you got into an accident and the child sustained severe physical injuries. Depending on the circumstances, possible penalties can include:

A mandatory one-year revocation of your driver’s license
Mandatory installation of ignition interlock device
A fine of between $1,000 and $10,0000
A term of 5 years on probation
Attending a Victim Impact Panel
A court-ordered surcharge of $520 and a three-year DMV assessment totaling $750

If you were involved in an accident and the child was killed, you risk facing 15-25 years in prison. Defending against DWI charges where a minor is involved can be complex, given that you can face additional charges for endangering a child’s welfare. Consider retaining aggressive lawyers from a Long Island DWI and DUI defense law firm to defend you against the charges.

What Is Endangering the Welfare of a Child?

Parents, guardians, and those entrusted to care for children have a legal responsibility to ensure the minors don’t come into harm. A person who fails to protect a child may face criminal charges for endangering the welfare of a child.
Under Penal Law § 260.10, you can be found guilty of endangering a child’s welfare if you:

Intentionally act in a manner likely to harm a child aged 16 or younger physically, mentally, or morally
Direct or authorize a child 16 or younger to engage in an occupation involving substantial danger to their health
Fail or refuse to exercise reasonable care in the control of a child aged 17 or younger to protect them from abuse, neglect, or juvenile delinquency that requires supervision.
Deal with a child unlawfully.
Abandon or neglect a child.

Being charged with a DWI with a child in the car falls under the first category of endangering a child. If facing separate charges in addition to the DWI offense, you could be charged with a Class A misdemeanor, which attracts punishment of up to 364 days in jail upon conviction.
Alternatively, you could be subjected to three years of supervised probation or up to a one-year Conditional Discharge. Fines and mandatory surcharges are also applicable. Lawyers can help you defend yourself against the charges to protect your constitutional rights.

How Can I Defend Myself Against a DWI with a Minor Charge?

Defending yourself against a DWI with a minor in the car depends on the evidence and allegations in your case. Lawyers from a reputable DWI and DUI defense law firm, Long Island, can evaluate your case and determine the best strategy to use in defending. Some aspects they can investigate include the following:

Did the police inform you of your rights when arresting you?
Did the police arrest you on probable cause, and can you challenge it?
Did the police advise you on what could happen if you don’t submit to a chemical test to determine your BAC?
Were you adequately advised of your rights when you made a statement?
Were you operating the car or merely resting with the child in the car?
Is there any evidence that shows you refused to take sobriety tests?

There are plenty of avenues experienced and knowledgeable attorneys from a Long Island DWI and DUI defense law firm can explore in creating a defense strategy if they know what to look for and where to look.

An Experienced Criminal Defense Lawyer Helping You Fight DWI Charges

Leandra’s Law has provisions for steep penalties for people charged with driving while intoxicated with a minor in the vehicle. You risk up to 25 years in jail if the child dies in a crash and various other harsh penalties, depending on the case circumstances. Retaining criminal justice attorneys in Long Island is something you should consider to defend your rights and freedom.

Good people make bad decisions that sometimes land them on the wrong side of the law. If you or your loved one is facing charges for a DWI with a minor in the car, don’t lose hope. The Mirsky Law Firm has aggressive DWI and DUI lawyers who can help you beat the charges. Call us at 516-774-1811 or 718-412-8322 to schedule a FREE consultation.

By David Mirsky|Blog, Criminal Law, criminal lawyer, dui|Comments Off

What Should You Do if Falsely Accused of Assault in New York?

What Should You Do if Falsely Accused of Assault in New York?

What Are the Dangers of a False Accusation?

Being the victim of a false accusation can be frightening, and it can be hard not to think the worst. The proposition can have several adverse effects, including:

Being found guilty of a crime you didn’t commit
Having your life interrupted in many ways, especially if you’re sentenced to jail for the crime
Incurring financial costs associated with the proceedings
Lost wages as you attend the trial proceedings
Damage to your reputation
Possibility of mental health issues as the stress of the charges takes a toll on you

With so much at stake, you can’t afford to be casual if you’ve been falsely accused of a crime you didn’t commit. Contact skilled Long Island criminal justice attorneys to help you fight the charges. They can provide legal counsel to enable you to understand the full scope of what you’re facing to avoid hurting your case.

What Are the Common Types of False Accusations?

False accusations are often based on anger, the need to seek revenge, and a lack of moral character. They are most likely to result in reputational and social damage for the accused. Assault and battery lawyers in Long Island say that in most cases, the accusations tend to be around crimes that are hardest to disprove entirely, such as the following:
Assault: Personal disputes or mistaken perceptions of events can result in false accusations of assault. For example, someone can claim you assaulted them during a heated verbal exchange.
Domestic violence: False accusations can arise in contested divorce or child custody cases. The accuser can make a false report out of spite, revenge, or a solid desire to taint your image to reduce your chances of winning the custody battle.
Child abuse: False accusations of child abuse can happen due to staff inexperience at schools or daycare facilities. They are also common when accusers want to sway legal family proceedings in their favor.
Drug possession: Police officers can sometimes mistake a legal substance for an illegal one. In other cases, people get caught with drugs that are not theirs, hence the basis of the false accusations.

False Accusations Based on Civil Cases

The above examples of false accusations are based on criminal law. Long Island assault and battery lawyers in Long Island say that false accusations also extend into civil and professional settings. In workplace settings, false allegations of discrimination are not uncommon, and they revolve around the following:

Gender discrimination
Age discrimination
Race discrimination
Nationality discrimination
Disability discrimination
Sexual orientation discrimination
Religious discrimination

You might be tempted to dismiss the allegations of a crime or workplace behavior you didn’t do or don’t recognize. Unfortunately, this is the greatest undoing of your rights and reputation. Consult skilled criminal justice attorneys in Long Island as soon as possible for legal advice on handling the case.

How Can I Defend Myself Against Charges Based on False Accusations?

What you do in the face of false accusations can make or break your case. Skilled lawyers recommend taking the following steps for a favorable outcome:

Remain Calm and Look for Legal Representation

It’s tempting to defend yourself against false accusations, which in most cases can cause you to overact impulsively. It’s essential to maintain calmness despite how emotionally distressing the situation is. Instead, contact criminal defense lawyers in New York and let them help you develop a solid defense strategy to protect your rights.

Don’t Discuss the Issue with Anyone

Avoid discussing the matter with your accuser or making statements to the police without your attorney present. Remember that anything you say can be used against you in court. Comments you make innocently can be misinterpreted or misconstrued, making the charges worse.

You have the right to politely decline to respond to any questions until your attorney is present. They can guide you on what to say and what not to say to avoid incriminating yourself.

Gather Evidence and Preserve Documentation

The evidence you present can prove your innocence. Such includes emails, text messages, video recordings, and photographs. Social media exchanges or other digital communications that may contradict the accuser’s false claims can also help your case.

It would also help to have witnesses who can corroborate the statements. Your Long Island assault attorney can interview them to evaluate the strength of their testimony before incorporating it into your defense strategy.

Build Strong Defenses

Knowledgeable attorneys can be invaluable when building a solid defense strategy to fight false allegations. Possible defenses include:

Alibi: You can present evidence that proves you were at a different place when the alleged crime happened. Witnesses, receipts from a business trip, or security footage can help.
Insufficient evidence: There could be an absence of definitive evidence linking you to the alleged crime, resulting in the case being dismissed or an acquittal if the case goes to trial
Motion to suppress: Your lawyer can file a motion to prevent specific evidence from being introduced during trial. For example, anything you said before being informed of your right to remain silent can be suppressed, strengthening your defense.

An Experienced Criminal Defense Lawyer Helping You Beat False Accusations

False accusations can damage your reputation, rights, and life in general. They can lead to broken relationships, criminal charges, and severe penalties if convicted for crimes you didn’t commit. So, knowing your rights and being well-prepared to handle such a situation is essential. Skilled criminal justice lawyers in Long Island can help you evaluate your options.

Mirsky Law Firm hosts award-winning assault and battery attorneys who can take up your case. With over two decades of specializing in criminal law, we have the skills and knowledge to help you fight the charges. Call us at 516-774-1811 to start a FREE consultation.

By David Mirsky|assault and battery, Criminal Law, criminal lawyer|Comments Off

Are DWI Checkpoints Illegal in New York?

Are DWI Checkpoints Illegal in New York?

What Does the Law Say About DWI Checkpoints in New York?

Police officers are allowed to set up sobriety checkpoints in New York. These allow them to quickly stop drivers and check if they are driving while intoxicated. However, the checkpoints must conform to various legal limitations and be conducted fairly and impartially.

If you are stopped at a DWI checkpoint and subjected to the sobriety test but fail the test, you could be charged with driving under the influence. A DUI is a criminal offense that could subject you to severe consequences if convicted. Contact skilled Long Island criminal justice attorneys to help you understand your rights at a DWI checkpoint.

Legal Elements of a DWI Checkpoint

The US Supreme Court found that DWI checkpoints constitute the seizure for Fourth Amendment purposes. However, they are reasonable and permissible under certain conditions, especially if police officers have reasonable suspicion that a diver has violated the law.

Since the dangers of drunk driving outweigh the Fourth Amendment intrusion, DWI checkpoints are legal as long as police officers do the following:

Set up the checkpoints for a specific purpose
Set up adequate safety precautions, including proper lighting and warning of the checkpoint’s existence
Use a predetermined random pattern to determine which cars to stop
Stop drivers only for a reasonable amount of time at the checkpoint
Not violate a driver’s privacy to a certain degree
Have a supervisor oversee the checkpoint

Failure to meet these conditions could amount to a violation of the checkpoint regulations. Experienced Long Island DWI and DUI defense lawyers could use these violations to help you beat your DUI charges.

What Does a Sobriety Check Point Entail?

Once a police officer asks you to pull over for suspicion of drunk driving, they require you to submit a breathalyzer test. It measures your blood alcohol concentration by analyzing your breath.

Depending on the officer’s judgment about your intoxication level, they may require you to get out of the car and undertake some sobriety tests.

The law requires New York police officers to be cautious about detaining a driver for too long. There are also limits on how long the checkpoints can be active on any given road. Violating these guidelines is justification enough for your Long Island DWI and DUI defense attorneys to fight to dismiss your DUI case.

What Are My Rights at a DWI Checkpoint?

Drivers have rights at DWI checkpoints in New York. Police officers must adhere to certain restrictions when stopping motorists to assess their sobriety levels. They must protect every motorist’s rights, so it’s essential to understand what these rights are:

Consent for a Search

Police officers shouldn’t search you or your vehicle without your consent. Forcing you out of your car and conducting an unwarranted search is illegal. It can be the basis upon which your DWI and DUI defense lawyers in Long Island fight to have your DUI case dismissed.

On your part, you should avoid turning around or making an illegal turn to avoid the search, as this would give the officers probable cause to pull you over. They could also detain you if they reasonably suspected that you were doing something illegal, hence the reason for turning around.

Refuse a Sobriety Test

The law requires motorists to provide law enforcement officers with their license and registration numbers. The officers can also ask several questions and subject motorists to field sobriety tests to determine if they were driving while impaired. You have the right to refuse to answer an officer’s questions or to take the chemical test.

However, refusing a chemical test could increase the risk of having your license suspended under implied consent laws in New York. Courts consider probable cause in safeguarding drivers’ constitutional rights.

The Right to Remain Silent

You have a right to refuse to answer an officer’s questions, and an officer should remind you of this as constituted in the Miranda rights if they arrest you. However, remember that while you have a right not to answer an officer’s questions, keeping quiet would give the officer additional grounds to investigate you further.

The officer would feel that your silence is because you’re hiding something. Call skilled DWI and DUI attorneys in Long Island to protect your rights if you decide to remain quiet.

What Should I Do if Stopped at a DWI Checkpoint?

In addition to knowing your rights at a DWI checkpoint, it’s also crucial that you know what else to do to avoid getting into trouble with the officers:

Roll down your window and turn on your car’s interior light
Maintain calmness and be polite to the officers
Put your hands on the steering wheel where they are visible
Ensure your car’s registration and insurance information is easily accessible
Avoid making any statements that would appear to be an admission of fault
If an officer presses you further and requests you submit to a sobriety test, contact a DUI attorney immediately.

A Skilled DWI and DUI Attorney Helping You Understand Your Rights at a DWI Checkpoint

Being stopped at a DWI checkpoint can be stressful, especially if you think you could be arrested for wrongdoing. The outcome of every case is different, given the unique circumstances surrounding the police checks. Contact skilled DWI and DUI defense attorneys in Long Island if you are stopped and arrested at a DWI checkpoint for a DUI offense.

They understand DUI laws and how police officers should conduct themselves at checkpoints. Criminal defense lawyers in Long Island can investigate if law enforcers violated your rights and use that to help you beat the DUI charges against you. The Mirsky Law Firm has skilled DUI attorneys who can defend you. Call us at 516-744-1811 or 718-412-8322 for a FREE consultation.

By David Mirsky|Blog, Criminal Law, criminal lawyer, dwi|Comments Off

What Do New York Embezzlement Laws Say?

Embezzlement, also known as larceny by embezzlement, is the crime of misusing or misappropriating funds over which the offender has some control. Embezzlement charges focus on the fact that the defendant was responsible for taking care of cash or other assets and had no ownership but used the property illegally for their own benefit.

Embezzlement is a white-collar crime, and many statutes punish the crime, with the most frequently used being 18 U.S.C. § 641. The penalties can be stiff depending on the value of the property in question. Contact a skilled Long Island criminal justice attorney for aggressive defense if you’ve been arrested and charged with embezzlement in New York.

What Types of Crime Constitute Embezzlement in New York?

The easiest way to understand larceny by embezzlement is to look at it as unlawfully taking someone’s property to deprive them of it or withholding it. In the context of embezzlement, property refers to money obtained through various means, such as:

Skimming cash
Unapproved wire transfers
Improper use of a credit card
Obtaining funds through fraudulent checks and manipulated financial documents

The penalties for embezzlement upon a conviction can be severe. Hiring a skilled Long Island white-collar crime defense attorney can enhance your chances of fighting the charges successfully. Criminal defense lawyers know how the system works and can help you navigate the complex matters that could risk your freedom and future.

Levels of Embezzlement

Larceny by embezzlement differs from simply not repaying a debt. The Court of Appeals in New York explains that there must be a clear distinction between failure to pay a valid debt and the crime of embezzlement.

The degree of the severity of the crime depends on the amount of money in question:

First-degree grand larceny: First-degree grand larceny is the most severe embezzlement crime. It is a Class B felony punishable by up to 25 years in prison if the funds embezzled exceed $1,000,000
Second-degree grand theft: It is a Class C felony punishable by up to 15 years in prison if the money involved is more than $50,000 but not more than $1,000,000
Third-degree grand theft: It is a Class D felony punishable by up to seven years in prison if the embezzlement involves more than $3,000 but not more than $50,000
Fourth-degree grand larceny: The crime is a Class E felony punishable by up to four years in prison if the amount is more than $1,000 but not more than $3,000

A prosecutor may aggregate multiple thefts over extended periods to enhance the degree of the severity of the charges to increase your penalties. An aggressive white-collar crime defense lawyer in Long Island can help you understand the gravity of the charges and help you create a strong defense strategy to protect your rights.

Embezzlement Related Offenses

Depending on the circumstances surrounding your case, you may also face other charges closely related to larceny by embezzlement:

Possessing Stolen Property

New York also recognizes another type of embezzlement in the form of possession of stolen property, in this case, money. The crime will be aggregated even if you don’t have the money in your account or have perpetrated the offense over a few years.

For example, if you have six counts of stealing $10,000, the offense won’t be classified as six Class D felonies but one Class C felony involving more than $50,000. Additionally, the court may impose six counts of forgery and falsifying business records in the first degree under classes D and E, respectively.

You don’t need to have the money physically to be prosecuted. The amount is aggregated over the time you embezzled the funds.

Falsifying Business Records

Falsifying business records can be part of embezzlement charges in New York. The offense happens when you alter business records or delete records and is charged in the first degree. You could also face charges for the crime if you fail to make entries in financial records with the intent to embezzle funds.

If the act is to conceal theft, you could be charged with a first-degree Class E felony. The crime is punishable by one to four years in prison for each count of falsified business records.

Possession of a Forged Instrument

The crime is similar to forgery, but the offense is being in possession of a manipulated document. It is a Class D felony charged in the second degree.

Offering a False Instrument for Filing

Offering a false instrument for filing with the intent to defraud a public office is another crime under larceny with embezzlement. The law classifies it as a first-degree offense under Class E Felonies.

All these crimes related to embezzlement are felonies, not misdemeanors. You risk imprisonment in state prison for more than one year if convicted. You need to fight to protect your rights and reduce the chances of incarceration. Aggressive white-collar crime lawyers in Long Island can come to your defense.

An Aggressive Criminal Defense Lawyer Defending You Against Embezzlement Charges

If you face embezzlement charges in New York, you risk hefty penalties, including incarceration. Understanding how embezzlement law works is vital to help you prepare your defense. Skilled criminal defense lawyers in Long Island can answer all your questions and help you navigate the complex justice system to protect your future.

The Mirsky Law Firm hosts successful white-collar crime defense attorneys who can represent you against arrests and indictments for embezzlement and other crimes. We can assess the evidence against you and help you create a plan of action to challenge the accusations while fighting for the most favorable outcome. Call us at 516-744-1811 to schedule a consultation.

By David Mirsky|Criminal Law, criminal lawyer, White-collar Crime|Comments Off

How Can a Theft Crime Attorney Help Me?

Your freedom is on the line if you face theft charges in New York. A conviction also attracts stiff penalties in the form of hefty fines and a ruined reputation. Don’t attempt to represent yourself, no matter how smart you are. The criminal legal system is complex, and you may not effectively defend yourself against the charges without legal help.

So, consider hiring an aggressive criminal defense attorney in Long Island to fight the legal battle on your behalf. Criminal defense lawyers are trained to unearth unique elements and listen to arguments that can reduce a potential life-altering conviction. Here’s how a lawyer can help you avoid unfair sentencing for theft and burglary charges.

Lawyers Have Special Safeguards in Criminal Justice Matters

The law stipulates that every accused person has the right to be assisted by a lawyer of their choice upon arrest or detention or when facing criminal charges. Anyone who doesn’t have a lawyer is entitled to have an experienced and competent lawyer assigned to them based on the nature of the offense to ensure they have adequate legal representation.

Lawyers must advise clients of their legal rights and obligations. They also must assist them in all appropriate ways to take legal action to protect their interests. In protecting your rights and promoting the cause of justice, your Long Island theft and burglary attorney must act to protect your interests, working freely and diligently according to the law.

Additionally, lawyers enjoy civil and penal immunity for relevant statements they make in good faith during oral proceedings. This immunity gives them a better legal standing. Unlike you, what they say can’t be used against them in a court of law, so they’re better positioned to argue your case in your defense.

In-Depth Knowledge of the Criminal Law

Your Long Island theft and burglary lawyer has studied and is trained to understand every aspect of the law and knows how the court system works. They focus on determining if any loopholes or inconsistencies in the system exist and if they can work in your favor to help you beat the charges. They also know the leading players in the legal system, including prosecutors and judges.

Lawyers often work with other legal experts to help you build a strong defense strategy while utilizing the “unwritten legal rules” that may work in your favor. These are things you might not know if you represent yourself. You could waive legal rights you didn’t know you had or plead guilty to charges you didn’t have to.

Your Lawyer Can Fight to Have the Charges Dismissed

In some situations, and depending on the complexity of your case, your theft and burglary attorney in Long Island can convince the prosecution to drop the charges before the case goes to trial. They can investigate the circumstances surrounding your arrest to identify evidence that supports why your case should be dropped.

For example, they might find that the police didn’t read your Miranda rights or searched you illegally during your arrest. In that case, your lawyer may argue that the police violated your rights and ask that your case be dismissed.

Your Lawyer Can Help Get a Sentence Reduction

Imprisonment shouldn’t be taken for granted as the natural form of punishment once a defendant has been convicted of a crime. That’s because it deprives people of their liberty. That’s where alternative sentencing comes in to encourage fair sentencing by considering other options depending on the severity of the crime.

Before your hearing, your criminal defense lawyer in Long Island may file a mitigation statement that outlines a plea for a shorter sentence. It should be transparent regarding your interests that will suffer due to your absence while serving an imprisonment term. Your lawyer can fight to reduce your time if you’re sentenced to prison for a misdemeanor or felony.

Your sentence can be reduced or altered based on various factors, such as the following:

The nature of the crime
The applicable legal sentencing guidelines that apply
Your existing criminal record

Your Lawyer Can Help You Get Acquitted at Trial

Criminal cases go to trial for various reasons, such as being wrongly accused. The jury can only convict you if it believes you’re guilty beyond a reasonable doubt, an extremely high standard. An experienced criminal defense lawyer knows how to build the strongest case to defend you.

Some ways in which your attorney can cast reasonable doubt in your theft case include the following:

Proving lack of intent to commit the crime
Challenging evidence presented by the prosecution
Presenting an alibi
Proving ownership of the property in question
Proving mistaken identity
Establishing a legal, judicial, or court error in the sentencing
Arguing based on a change in the law that retroactively alters a previously unfair sentence

A skilled lawyer can carefully evaluate all possible defense strategies applicable to your case to help you fight for an acquittal at trial.

An Experienced Criminal Defense Attorney Helping You Avoid Unfair Sentencing

The legal system is complex, and if you’re facing theft and burglary charges, having the assistance of an aggressive theft and burglary attorney in Long Island is crucial. They can provide the legal representation you need and fight to ensure you are not subjected to unfair sentencing.

The lawyers at the Mirsky Law Firm can come to your defense. We have many years of experience in criminal law, and we can work diligently to defend you against theft charges. We believe you’re innocent until proven guilty, so all hope is not lost. Call us at 516-744-1811 for a case assessment.

By David Mirsky|Criminal Law, criminal lawyer, theft|Comments Off

Why Do I Need a Criminal Defense Lawyer for My Case?

Retaining a skilled Long Island trial attorney works to your advantage when facing criminal charges. Criminal cases are complex, and you may not understand the legal jargon well enough to defend yourself effectively. Having a lawyer is the most effective way to ensure you don’t waive rights you didn’t know you had or plead guilty to charges you shouldn’t.

An aggressive lawyer knows how to help you navigate the complex legal system. They can fight to have the charges dropped or negotiate lesser penalties if convicted. However, lawyers are different; therefore, you must find the right one for your case. That can make all the difference in putting up a solid defense.

What Should I Consider When Looking for a Criminal Defense Lawyer?

Finding a suitable criminal defense lawyer in Long Island can seem daunting, yet it could be the most crucial step in the entire case. Here are factors to consider when looking for an attorney to represent you:

The Attorney Specializes in Criminal Law

Criminal law is a complex specialty; you need an attorney dedicated to the field. If you look up an attorney’s website online and see nothing about criminal law, they’re likely not the right lawyer to represent you.

The practice of law requires that an attorney has regular involvement in the areas they claim to have expertise in to enable you to stay up to date on the nuances. Besides, their continued involvement and experience can allow them to create the best possible defenses.

Experience with the Charges You’re Facing

It’s not enough that the Long Island criminal defense attorney you choose specializes in criminal law. Go a step further and evaluate if they’re conversant with the charges you’re facing. For example, a criminal defense attorney who specializes in domestic violence charges may not be suitable for an embezzlement case unless they also have experience in that area.

Criminal law is constantly evolving, and it’s vital to work with an attorney with extensive experience in the specific area of law in which your case falls. Take advantage of the free consultation offered by most law firms to ask questions and determine if the lawyer you wish to hire has the experience needed for your case.

Check Their Level of Expertise

In addition to specializing in criminal law, it’s also essential that your criminal defense attorney in San Antonio has the right level of expertise. Being accused of a crime is frightening and could bring costly repercussions. You, therefore, want a legal expert who knows criminal law inside out.

They also should have experience in municipal, state, federal, and superior courts. Sometimes, court jurisdictions may overlap, and your case may be heard in multiple courts. They should be able to represent you in all these courts if the need arises.

Look Locally First

When looking for a Long Island criminal defense lawyer, make your search as localized as possible. In other words, look for a lawyer as close to you as possible to make day-to-day communication easier.

The Texas criminal system is complicated, and procedures and rules can vary from one courthouse to another. Local attorneys know the intricate details of the courts in their county, putting them in a position to give you quality information to help you prepare effectively for your criminal case.

Choose a Responsive Attorney

A good trial attorney is responsive and has the right personality to handle clients. Time is of the essence when you’re facing a criminal charge and need an attorney who will work on your case immediately. They also should respond quickly when you contact them. If they are quick in responding to your call or emails, they’re probably equal to the task of defending you.

The lawyer you choose should understand how relentless prosecutors and law enforcers can be and should be bold in defending your rights in a court of law aggressively. They need to be unafraid to face the prosecution and poke holes in the evidence brought against you.

Ask for Reviews and Referrals

Ensure you check with other clients that the lawyer has represented in the past to hear what their experience was like with the lawyer. You can also read reviews and testimonials from peer-review websites, but referrals may be the most reliable way to choose an attorney.

An excellent place to check is with individuals in the justice system. They know the most reliable lawyers with a winning record and are respected by judges and peers. You could also enquire from other attorneys practicing in different fields of law.

Trust Your Instincts

If something feels off about a particular lawyer, it probably is. Trusting your instincts when choosing the right criminal defense attorney in Long Island is essential. That might seem daunting, but trust your ability to make the right choice when selecting a lawyer.

Remember that if you got a lawyer through a referral, what matters, in the long run, is how well you can trust them to handle your case and help you win.

An Experienced Trial Attorney Providing Personalized Legal Representation

Choosing the right Long Island trial lawyer to represent you in your criminal case is one of the most critical decisions to make or break your case. The process can be daunting and lengthy, but you shouldn’t take it lightly. The above considerations provide a framework to get you started, but remember to do your homework extensively.

The Mirsky Law Firm hosts an aggressive criminal defense lawyer in Long Island. We provide trusted legal counsel for defense in Suffolk County. If you’re facing criminal charges, don’t go to battle alone. Call us at 516-299-6187 or 718-412-8322 to schedule a FREE consultation.

By David Mirsky|Criminal Law, criminal lawyer|Comments Off

What Are DUI Laws in New York?

DUI laws in New York are complex, and a conviction can attract hefty penalties. Even if you’re not part of an auto accident, you can face severe penalties if a police officer finds you driving under the influence. Your duty as a responsible citizen is to avoid driving after drinking alcohol or using drugs.

However, you might still find yourself on the wrong side of the law for various reasons. If you’re arrested for a DUI, criminal defense lawyers in Long Island advise that you don’t resist the arrest, but instead, do the following:

Pull over
Be calm
Remain polite
Only provide minimal information
Only take a sobriety test at the police station
Record everything you can remember
Hire a DUI attorney to help you fight the charges

How Can I Defend Myself Against DUI Charges?

Skilled attorneys from a Long Island DWI and DUI defense law firm can provide legal counsel on the approaches to challenge DUI charges in New York. While some are pre-trial defenses you can use in a hearing before trial, others are trial defenses you bring up to the jury at trial.

The Police Pulled Me Over for No Reason

Under the Fourth Amendment, the police must have a valid reason for pulling you over. If you believe the police didn’t have a good reason to arrest you, you can legally challenge the stop. If your attorney successfully shows why the stop was illegal, the court will dismiss all other evidence against you.

A police officer must have a reasonable belief that you have committed, are committing, or about to commit a crime, in this case, driving under the influence. Alternatively, they must demonstrate probable cause that you committed a traffic violation.

Breathalyzer Test Inaccuracy

DUI breath tests are the most common way to test blood alcohol concentration (BAC). However, the tests are not always accurate as they measure the breath alcohol and multiply it by a “partition ratio” to estimate the BAC. The devices assume a ratio of 1:2100 of alcohol in the exhaled breath to alcohol in the blood.

The ratio can sometimes be higher depending on sex, body weight, temperature, and breathing patterns. The device’s margin error, improper calibration, and poor police maintenance of the breathalyzer device can also give a false impression of your BAC. Skilled DWI and DUI lawyers serving in Nassau County and Suffolk County can use these arguments to defend you.

Showing a DUI Test Refusal Charge is Wrong

If the police ask you to take a breath test at the side of the road after pulling you over, you have a right to refuse to take the test. However, refusing to take the test has the risk of being charged with a refusal offense. Refusing a breath test is not a crime if you have a valid medical excuse.

There are several reasonable excuses you could use as a defense to refuse the test, which is why the specific details of your arrest are crucial in fighting and winning a DUI charge. For example, some medical conditions can make it difficult to exhale with force or in the methods required for the breathalyzer device.

Experienced lawyers from a reputable DWI and DUI defense law firm in Long Island can analyze the details of your arrest and find that the refusal offense charge was not valid. With the strict requirements for the portable roadside breath test device and the larger breathalyzer machine at the station, your lawyers can find loopholes to use in your defense to invalidate the charge.

A Police Officer’s Failure to Read Your Miranda Rights

You’re entitled to Miranda Rights, the warnings that police officers issue upon arresting someone and when they’re about to question them. Without a Miranda warning, nothing you say in response to an officer’s questioning can be used against you as evidence in court.

Additionally, if the police obtain any evidence because of questioning you after violating the Miranda rules, the collected evidence shall not be allowed in court. This is based on the principle is the fruit of the poisonous tree, and your DUI defense attorney can fight to keep everything you said out of court.

Inaccurate Field Sobriety Test

If the police bring a DUI charge against you, claiming that you failed a field sobriety test, you can challenge the charge based on the test results. If you have ever taken a field sobriety test, you know how hard it can be to pass, even when sober, leave alone when intoxicated.

Your Long Island DWI and DUI defense lawyers can quote the following as reasons for innocent test failures:

Poor balance
Shoes or clothes that interfered with the tests
Bad lighting or uneven surface conditions
Poor coordination or non-athleticism
Police intimidation

DUI with No Proof of Driving

DUI laws in New York allow police officers to arrest you for DUI if they find you with a BAC level above the legal limit, even if you were not driving at the time of the arrest. However, you can challenge the charge by saying you were not driving when you were arrested and had no intention to drive.

The argument could especially be helpful if you were in the passenger’s seat and the car keys were not in the ignition. The burden of proof would lie with the prosecutor as they would be required to show the validity of the DUI charge. Aggressive criminal defense attorneys in Long Island can fight to get you off the charges if there’s no proof you were caught driving.

Skillfully Challenge Your DUI Charge With the Help of a Legal Professional

Fighting DUI charges in New York requires the skill and experience of an aggressive lawyer from a DWI and DUI defense law firm in Long Island. DUI laws are strict, and a conviction could expose you to hefty fines and possible jail time, depending on the severity of the charge.

Let our DUI and DWI defense lawyers provide the legal counsel and representation you need during this challenging time. Your past mistakes should not define your future, and we can fight for the most favorable outcome in your case. Contact the Mirsky Law Firm at 516-299-6187 or 718-412-8322 to schedule a case assessment.

By David Mirsky|Blog, criminal lawyer, dui|Comments Off

What is a Criminal Defense Attorney?

Hiring a professional attorney for criminal cases in Suffolk County to represent you is advisable when facing criminal charges. A criminal law attorney fights to defend you against the charges to protect you from suffering the harsh penalties of a conviction. The legal experts know how the justice system works and can help you navigate the complexities to defend your rights and freedom.

Most criminal defense attorneys can provide legal counsel and representation for most crimes, such as the following:

Arson
Assault
Burglary
Driving under the influence
Domestic violence
Drug crimes
Embezzlement
Kidnapping
Murder or manslaughter
Trespassing
Sexual assault
Resisting arrest
Robbery

A criminal offense conviction often results in hefty penalties such as fines, possible jail time, and a ruined reputation that stays with you for years. A criminal defense attorney in New York can help you avoid these penalties. Learn when and why you should contact a Long Island criminal justice attorney if you’re under investigation for a crime or have been arrested.

Why Do I Need a Criminal Defense Lawyer?

A skilled Long Island criminal justice lawyer can provide many services to protect your rights, freedom, and future when you’re facing criminal charges:

They tailor a customized legal defense strategy based on the evidence presented against you, which you may not be able to do by yourself.
They protect and support you as legal experts and as humans.
They investigate and assess the case’s merits and look at areas that may weaken the prosecutor’s case.
They can negotiate a plea bargain if the evidence against you is overwhelming to help reduce the penalties you might face
They professionally handle your arraignment, pre-trial motions, trial, and sentencing.
They fight to protect your constitutional rights.
Hiring a lawyer saves you time in the long run.

All these factors point to why you shouldn’t go to court without the legal representation of a criminal justice attorney in Long Island. However, don’t wait until it’s too late to hire one. Contact one as soon as possible, and more importantly, under the following circumstances.

When Should I Hire a Criminal Defense Lawyer?

When you’re the target of a criminal investigation, you can feel like you’re all alone against the law enforcers and the government. The good thing is that you don’t have to be alone, as you have a right to the assistance of a lawyer under the following circumstances:

When You Have Been Arrested

If you’re accused of and arrested for a crime, you’ll be brought to the station and booked. You have the right to invoke the 5th Amendment right and insist on having your criminal justice lawyer before answering any further questions besides those related to your identity. However, you won’t be able to call an attorney until after you’ve been booked.

As you wait for your lawyer, take the opportunity to write down the details of your arrest. These small details can help your case later, especially if the police violated your rights during the arrest. Your lawyer can argue based on the irregularities as a defense to beat the charges.

During Police Questioning

Police and other law enforcement officers are well-trained to ask questions and seek answers from people under criminal investigations. They can intimidate you into saying things that they can use against you in a court of law and may say something like, “Why don’t you just answer a few questions, and we can clear things up.”

Unfortunately, you could end up saying something that could incriminate you. The police know you have a right to remain silent until you have a lawyer. Your lawyer can advise you objectively about the questions and tell you when to stay quiet, as you don’t have to answer all the questions the police ask.

When Someone Accuses You of a Crime

If someone accuses you of a crime, try to avoid talking to them and instead call a criminal defense lawyer in Suffolk County. That way, you will have someone to protect and defend you if the accuser calls the police to file charges against you.

Your attorney can mediate between you and the accuser if the misunderstanding is minor, such as property damage that doesn’t require police intervention. Having a lawyer to represent you when accused of a crime can be the difference between having your freedom and spending decades in prison, especially for crimes like sexual assault and child molestation.

When the Police Have a Search Warrant Against You

Sometimes the police may have probable cause to believe you possess evidence of a crime. So, they can obtain a search warrant to search your person, home, vehicle, or anywhere they believe the evidence could be located. Contact a criminal defense lawyer immediately if they serve you with a search warrant.

Your Suffolk County criminal justice attorney can review the warrant and ensure the police only search where the order allows them. Often, the police won’t give you enough time to prepare for the search for fear that you might hide the evidence. So, get on the phone before them and talk to an attorney. If possible, remain with the officers outside your car or home until the lawyer arrives.

Take Action Today and Let a Criminal Defense Attorney Fight for Your Rights

If you have been accused of a crime, arrested, or under investigation, don’t try to work it out alone. You need the counsel and representation of a skilled criminal justice lawyer in Long Island to help you fight the battle. A conviction can have severe penalties, but a lawyer can help you avoid them altogether.

Our passionate and aggressive New York lawyers have a wealth of experience and a proven track record of representing clients. We believe in fighting for the rights of those facing criminal charges to give them a fresh start. Call the Mirsky Law Firm at 516-299-6187 to discuss your case with a legal professional if you face a criminal charge.

By David Mirsky|Criminal Law, criminal lawyer|Comments Off

Social Media Can Be Used Against You in a Court of Law

One of the main reasons for the popularity of social media is timely updates. It has made it easy for people to be connected with their friends and family and you can know what is happening in their lives at any given time. What many people might not know is social media can be used against you in a court of law. That is why it is important that you look for Long Island criminal defense lawyer if you’re involved in a criminal case as you want to make sure there are no loopholes with the defense.

You should be very careful with what you post on social media if you have an ongoing court case especially if it is a crime related.

How Social Media Could Be Used Against You in Court

Everything you post will be subject to scrutiny and the defense will always be looking for even the tiniest bit of detail to help with your case. A good criminal defense attorney will ensure that you’re not doing anything to jeopardize the case and that includes what you post on social networks. If you’re looking for an experienced attorney, you can always reach out to Mirsky Law Firm.

Posts on Social Media are Permissible as Evidence

If you think that your “private” posts can’t be used against in you a court of law, you have to think again. Nowadays, a judge will be more than willing to admit social media content as evidence in a case. There are circumstances where private social media messages can be obtained and be used as evidence. This due to the fact that the limitation of illegally obtained evidence is applicable for social media posts.

What this implies is that private messages exchanged via the popular social media sites like Facebook, WhatsApp, Instagram, and Twitter will be used as evidence as long as they have been discovered by a civilian and not law enforcement.

This is particularly true for personal injury cases. One might claim that an accident has led to serious injuries and he or she can’t move freely. This could be a big contrast to the pictures posted on social networks of the person smiling and going about the daily activities just like any other normal person. The images and posts could be used against you just to prove the extent of the injuries are not as severe as you claim.

Social Media and Criminal Defense

Even when it comes to criminal defense, the general idea still holds. You might be involved in a DUI case and yet you posted pictures hanging out in a nightclub before the incident happened. This is damning evidence that could be used against you. The same case applies to probation. Your social media posts could be used to prove that you’ve violated the terms of the probation. You will only be making things easier for law enforcement and prosecutors. Social media can seriously damage your argument in almost every situation.

Social Media Use

If you or a family member is involved in a criminal case, the best thing you can do is to avoid social media completely. This includes all social media sites, especially the popular ones because they’re easily accessible.

In addition to refraining from social media, you also need to make sure that your friends and family are careful about what they post especially if it involves you as it could lead to implications. You shouldn’t delete social media posts without contacting your lawyer as this could make the court suspicious of your actions.

Public Social Media Posts

It should be noted that public social media posts do not count as illegally obtained evidence. The prosecution will be doing nothing illegal when they go through your social media feed to look for evidence. This could also apply to photographs taken or published with someone else that could act as evidence for the case.

Deleting Your Social Media Posts

It will not be wise to delete your social media posts when you’re involved in a criminal case. There is a high chance that the prosecution might have gone through your social media and taken screenshots already and deleting the posts will only make things worse. A court might order a negative inference because of trying to interfere with evidence. This could have serious implications for your case. That is why it is crucial you get an attorney who will provide the necessary advice on how to handle your social media accordingly. A client has the right to adjust the privacy settings for the social media account but should not do anything further that could make the court suspicious.

In addition, you should not expect the encryption technology that is used by most modern social media sites is going to prevent people from accessing your content. There was a case in 2016 where the FBI tried to get a court order to compel Apple to help in unlocking an iPhone 5 which was suspected to be belonging to a terrorist. This means that authorities could still access your devices even if they’re password protected.

Everything you share on social media becomes part of the public record even if you don’t want it to be so. In order to help with your case, you need to:

Be selective with what you share: The rule of thumb is not to share anything that you wouldn’t be comfortable telling the public.

Check your internet security: Make sure that your online activity is not being tracked. You can use a VPN when accessing popular websites.

Looking for a Criminal Defense Attorney

It will be hard to maneuver the legal system if you’re not experienced in law. That is why you need to hire an experienced criminal attorney for your case. A criminal case can have serious consequences even if you’re the innocent party. A shoddy attorney will not get you the representation that you deserve. You can reach out to us for the best criminal defense attorney in town.

By David Mirsky|Criminal Law, criminal lawyer|Comments Off

Why is Crime Rising in New York City’s Parks?

The New York City Department of Parks & Recreation Department supervises nearly 30,000 acres of parks and recreational facilities – almost fourteen percent of the land in New York City. The Department manages more than 5,000 properties, mostly parks, but also monuments, beaches, and public golf courses. New York City’s parks routinely offer free concerts, world-class sports events, and cultural festivals for the city’s millions of residents and visitors. Unfortunately, however, not everything that happens in the city’s parks is relaxing or entertaining.

Murders, rapes, and other major crimes are on the rise in New York City’s parks. Violent crimes rose dramatically in city parks in the nine months through March 2016, compared with the same period the previous year, according to a report released in August by NYC Park Advocates. For the nine months ending in March, there were 417 major crimes in the city’s one thousand biggest parks, a 23 percent increase over the 340 crimes reported in the same period last year. The report was issued only a week after a 30-year-old jogger, Karina Vetrano, was found dead in a marsh in Spring Creek Park in Howard Beach, Queens.

With high-profile crimes in the city’ parks – and articles about rising crime in the parks in the New York Times and the Wall Street Journal – it’s certain that law enforcement will increase its monitoring of the city’s parks and will be making more arrests. Anyone arrested and charged with a crime in New York City or on Long Island – whether the person claims to be innocent or guilty – should contact an experienced Long Island criminal defense attorney to obtain legal assistance without delay.

WHICH NEW YORK CITY PARKS ARE THE MOST DANGEROUS?

“More than a person a day is the victim of a violent crime in a city park,” Geoffrey Croft, the founder of NYC Park Advocates, told the Wall Street Journal. NYC Park Advocates, the community group Mr. Croft founded in 2003, conducted the crime survey using statistics provided by the New York Police Department. “It’s a bad omen,” Mr. Croft said. “It shows a lack of priority in dealing with this.” The five parks with the most major felonies from April 1, 2015 through March 31, 2016 were:

New York Police Commissioner Bill Bratton said, “The parks in the city are heavily utilized so some of the victimization you’re seeing is reflective of many of the larger number of people in the parks,” he said. “But the overall numbers are still very, very small.” New York City Councilman Rory Lancman, who grew up in Queens and represents part of the borough, was not surprised by the crime numbers. He told NBC 4 New York that, “For many years, Flushing-Meadows Corona Park has kind of been the forgotten stepchild of the New York City parks system. Our crime rates have always been relatively high compared to other large parks.”

ARE THE PARKS REALLY THE “SAFEST” PLACES?

The statistics do not include Central Park, which has its own police precinct. Although violent crime in New York City parks has been on the rise for over a year, “Crime in city parks is less than one percent of all reported crime in New York City during that same period,” NYPD spokesman Lt. John Grimpel told the Wall Street Journal. “City parks represent fourteen percent of New York City’s land mass, which makes them one of the safest places in the city and the country.”

Mr. Croft, however, says it is the increasing frequency of violent crimes in the parks of New York City that worries him. “If you don’t have an adequate police force to patrol parks, it’s a recipe for disaster,” he told NBC 4 New York. “You’re inviting the public into parks, but you’re not providing adequate security – and that’s what we’ve seen from this enormous spike in violent crime.”

From July 2015 through March 2016, there were six murders in New York City parks, and fourteen rapes were reported. According to police department data, there were also 254 people robbed and 143 felony assaults in the city’s parks in those months. In the same period the previous year, there were ten murders, two rapes, 221 robberies, and 107 felony assaults in the city’s parks, according to Mr. Croft’s findings.

In Crotona Park, for example, which covers about 120 acres in the Claremont neighborhood in the Bronx, there were 33 violent crimes reported in the twelve months through March 31 of this year, according to the NYC Park Advocates report. “There’s certain areas of the park [with] poor lighting and that’s how you become a victim,” Will Green, a 28-year-old Bronx resident, told the Wall Street Journal. “You get stabbed, shot, or most likely jumped from behind.”

SHOULD YOU BE WORRIED ABOUT CRIME IN THE PARKS?

Should you be worried? Perhaps not. The statistics still point to fewer than one crime per city park per day, and the city’s parks are now frankly far safer than they were in the 1970s and 1980s, thanks to the NYPD and an assortment of community groups. Should you be vigilant? Of course. The average person’s sense of safety is not based on statistics anyway. It’s high-profile crimes like the murder of Karina Vetrano that set the tone and attitudes regarding our use of New York City’s parks.

Anyone accused of committing a crime – in a park or anywhere else in New York City or on Long Island – should obtain legal help as quickly as possible by speaking with an experienced Long Island criminal defense attorney. When you and your family enjoy the city’s parks, stay vigilant. Especially after dark, stay in lighted areas, bring a flashlight, and wear light-colored clothing that does not bring attention to yourself. Stay where others can see you, and report any crimes if you become a witness or a victim. New York City’s parks are the world’s greatest, and with everyone in New York working together, we can keep them that way.

By David Mirsky|criminal lawyer|Comments Off

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