criminal lawyer

As more of us use social media, the police and prosecutors are joining us and sometimes even creating false identities or fictitious accounts to gather intelligence or evidence for their criminal investigations. In fact, more than 80 percent of police detectives have used evidence obtained through social media in criminal investigations, and their activities are turning up in a number of criminal cases. If you are charged with a crime on the basis of evidence gathered online anywhere in or near New York City or Long Island, get legal help immediately and contact an experienced Long Island criminal defense attorney.

The terms of use for Facebook ban law enforcement agents from impersonating others, with or without consent, however that does not prevent law enforcement from using social media to their advantage. Because of this, it’s important for you to be aware of what you may find online. These law enforcement officers create fake profiles using a random profile picture that they can download online. These accounts are used to lure suspects into a false sense of security and get them talking to collect evidence against them. Police officers have been able to use social media to lure child predators by posing as potential victims and luring them into an explicit conversation. These predators believe they are talking to a child, but find out that it is actually a police officer when they hear a knock on their door.

However, law enforcement officers do not have to impersonate people to get the information that they need. In some cases, information posted on Facebook, Twitter, YouTube, and other sites has been key evidence in the conviction of criminal suspects. In the New York City area, if you are charged with a felony or misdemeanor on the basis of something that was posted online, get skilled legal help and call an experienced Long Island criminal defense attorney immediately.

During a criminal investigation, the police can use social media to confirm connections between suspects, confirm or deny alibis, and discover incriminating statements, pictures, and videos. It’s hard for many people to understand, but nothing that is posted online is ever really private (in spite of the so-called “privacy settings”), and nothing can ever really be “deleted.” Virtually everything we do online is recorded somewhere. If you’ve committed a crime and left any incriminating evidence online, law enforcement will probably find it. There’s even special software designed to assist the police in their online investigations.

For example, there have been several cases of police tracking down drug dealers by watching where they say they are on their Facebook pages. As soon as the dealer posted information on his whereabouts or used the Facebook check-in feature, the police would follow and watch to see if any illegal drug transactions were taking place.

Police officers are also using social media to find out the names of suspects caught on camera. For example, it is common to log on to Facebook these days and see your local police station put out video or still photos of a suspect asking for the public’s help with identification. This has proven to be a very effective way for law enforcement officers to obtain the information that they seek in a legal manner, and is especially useful when it comes to armed robberies or burglaries where the property has a security camera on site.

The wisest thing to assume is that everything you see or do online can be seen and can be used against you. If you’ve been charged with a crime or you’re under criminal investigation, the safest course of action is to refrain entirely from using social media and speak with a good criminal defense lawyer. A skilled criminal defense attorney can also develop an effective defense strategy, line up witnesses and evidence on your behalf, and fight aggressively for the justice you deserve. He or she may also suggest that you keep a very low profile – or no profile at all – on social media during your case. Declaring yourself innocent on Facebook does not help your case.

You should always use social media with caution and pretend that everything you post can be seen by everyone else, regardless of how you have adjusted your privacy settings. Never accept friend requests from someone that you do not know, even if that person has mutual friends with you. If someone engages in a conversation with you, don’t give out any incriminating or personal information in case you are being investigated.

If you have already been arrested for a crime, these rules still apply to you. Anything that you say on social media can and will be used against so–so watch what you say. Do not talk about the case or the charges against you with anyone else, but especially not on social media for the world to see. Even if you are declaring your innocence or fighting back against the allegations, this will not help your case. Talk to your lawyer about whether it is wise for you to use social media networks at all during your case. Your defense lawyer may advise you to stay off of these websites to avoid getting into trouble until your case has been resolved. Silence on social media is golden, especially if you are being charged with a crime.

Hire A Long Island Criminal Defense Attorney

If you’re accused of a crime, and the police violated your rights in order to gather evidence, it’s possible in some cases that the charge might be dropped or that the evidence in question may be suppressed. In cases where the law isn’t precise or up-to-date regarding online technology, you’ll need a lawyer with considerable experience in criminal defense and abundant knowledge of current legal trends and the most recent court rulings. If you’re charged with any crime on Long Island or in the New York City area, get the knowledgeable and trustworthy legal help you need by contacting an experienced Long Island criminal defense attorney as quickly as possible.

Since the 1960s, our nation’s commitment to equality has gained significant legal force. Discrimination based on race, gender, ethnicity, and sexual orientation still happens, but at least now, in most cases it’s against the law. In the state of New York, a violent crime like assault or murder becomes a hate crime if a victim is selected as a target because of that victim’s gender, race, ancestry, nationality, religion, age, sexual orientation, or disability. In fact, a hate crime takes place anytime offensive slurs accompany an assault or other violent crime. If you’ve been charged with a violent crime like assault or murder, and you’re additionally accused of a hate crime, seek the legal help you need and consult an experienced Long Island criminal defense attorney immediately.

The federal government outlawed hate crimes with the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. In the state of New York, hate crimes are outlawed by Article 485 of New York Penal Law. If there is evidence of hate on the part of a suspect, any of these crimes could be charged as a hate crime:

• homicide
• assault
• rape
• robbery
• reckless endangerment
• bullying
• verbal or sexual harassment
• criminal trespassing
• vandalism

When these crimes are committed as hate crimes in New York, and the specific offense is a misdemeanor or a class C, D, or E felony, the offense is charged as the next highest class of crime. In fact, you may be charged with a hate crime whether you actually committed the underlying crime, or if you just had intent to do so. Your reputation, your freedom, and your future are all at stake if you are accused of a hate crime, and the attorney you select could make the difference. You need an experienced criminal defense lawyer who can defend you against the crime itself and who can also prove that your acts were not motivated by hatred toward any individual or group. If you are accused of a hate crime on Long Island or anywhere in New York City, act at once and put your case in the hands of an experienced Long Island criminal defense attorney.

When You’re A Person of Interest

If you learn that you’re the subject of a police investigation for a hate crime, it’s always best to contact a criminal defense attorney immediately. If the police contact you first while conducting an investigation, do not provide a statement or consent to an interview. Of course, we all want to “explain” ourselves and “clear up” problems; that’s normal, but when the police are involved, it’s not wise. Anything you say can be used against you if you are arrested and charged with a crime. Any lawyer would recommend to you that you exercise your right to stay silent throughout the entire process and let your attorney do the talking. The only person you can really trust about a criminal investigation is your attorney. If you’re the subject of any criminal investigation in Suffolk County, call an experienced Suffolk County criminal defense attorney immediately.

After you’ve retained the services of a good criminal defense lawyer, that lawyer can notify law enforcement investigators that you are now represented by counsel. Police and prosecutors will be told not to question you without your attorney present. Your attorney can then begin his or her own investigation. Sometimes, an investigation can be concluded without any arrest taking place or charges being filed. Your lawyer may uncover evidence or witnesses who can prove your innocence or prove that you’ve been wrongly accused. When this happens, you’ll save yourself from the cost and aggravation of an unnecessary arrest, time unnecessarily wasted in court, and an unnecessary legal bill.

If an arrest and the filing of charges can’t be preempted, the right defense attorney will use every available legal tool on your behalf to bring the case to its best possible conclusion. If you are facing hate crime charges, don’t hesitate to contact a Long Island hate crimes attorney as soon as possible. The quicker that you contact an attorney to begin investigating the details of your case, the better chance you have at a favorable outcome. There is too much at risk for you to delay hiring an experienced Long Island hate crimes attorney.

Hire A Long Island Hate Crime Attorney

When you’re accused of a hate crime – or any crime, in fact – the mere accusation doesn’t mean you’ll be convicted. It’s still a jury’s duty to decide whether you are guilty of a violent crime and if that crime was committed with hateful intent. Nevertheless, if you’re charged with homicide or assault, and then allegations emerge that the crime was a hate crime, your already considerable troubles will grow worse. You’ll need sound legal counsel and skilled defense representation from a good Long Island criminal defense lawyer.

Proving intent can be very difficult for a prosecutor, but it is essential in order for hate crime charges to be brought against you. The prosecution must prove first that you felt hatred towards the victim solely because of his or her gender, race, ancestry, nationality, religion, age, sexual orientation, or disability. Then, the prosecutor must prove that the crime you committed or attempted to commit was driven solely by this hatred that you felt towards the victim.

When you’re charged with any violent felony, the stakes are high. Your family, your future, and your freedom are at stake. A conviction for homicide or assault will lead to almost certain prison time along with fines and more. If a hate crime charge is attached to that felony, penalties will be even harsher. Your best hope for retaining your freedom – and clearing your name – is legal assistance from an aggressive, experienced Long Island criminal defense attorney. Because of the seriousness of a hate crime, it’s important that you don’t allow an overwhelmed and overworked public defender to take your case. If you’re charged with any violent crime in the New York City area, do not hesitate to make the call.

Because the sentencing laws here are exceedingly complicated, defendants facing felony charges in the state of New York face harsher consequences than they might face in other states. If you’re charged with any felony in New York, get knowledgeable, skilled legal assistance immediately and obtain the services of an experienced Long Island criminal defense lawyer.

The law in New York recognizes three kinds of offenses: violations, which do not establish a criminal record; misdemeanors, which are divided into three “classes”; and felonies, which are actually divided into seven classes. Sentences for felonies in New York can be “determinate” or “indeterminate.” When a court hands down an “indeterminate” sentence, it establishes a minimum and maximum length of time to be served. When the offender has served the minimum amount of time, he or she becomes eligible for parole. Determinate sentences are for a precise length of time. Felony drug crimes in New York usually result in determinate sentences.

Everyone knows that felonies are considered the most serious crimes and that misdemeanors are generally considered somewhat less serious crimes. However, misdemeanors are not to be taken lightly just because they are not as serious as felonies. Infractions may in some cases be “trivial” but misdemeanors are never trivial. In New York, misdemeanors include crimes like public intoxication, vandalism, trespassing, simple assault, and disorderly conduct. A misdemeanor conviction in the state of New York can land you in jail for up to a year and cost you up to a $1,000 fine.

The most serious misdemeanors in New York are the “Class A” misdemeanors, but even a conviction for a Class B misdemeanor could mean jail for three months and a $500 fine. Depending on the specific details of your case, a number of additional penalties are also possible. When you’re accused of a felony or a misdemeanor in New York, only an experienced criminal defense lawyer can provide the aggressive representation you need and fight effectively for justice on your behalf.

A court can and probably will also order anyone convicted of a felony to pay a fine. The fine cannot be more than twice the amount the person gained by committing the crime. If you are convicted of a drug crime in New York, you are probably looking at quite steep fines, especially if you have any prior convictions.

While no outcome can ever be promised in any specific criminal case, the fact remains that you must have a criminal defense attorney who knows what it takes to win. Whether you have “priors” or not, if you’re charged with any violation, misdemeanor, or felony in the New York and Long Island area, do not plead guilty, and do not try to act as your own defense attorney. The law and the sentencing guidelines in New York are too harsh and too complicated to take that kind of risk. Instead, if you’re accused of a crime, get the trustworthy legal advice and representation that you are very much going to need, and consult immediately with an experienced Long Island criminal defense lawyer.

Fraud is always against the law, and different kinds of blackmail are frequently prosecuted, including: insurance scam, healthcare fraud, unemployment insurance and workers’ compensation scam, welfare scam, foreclosure fraud, check fraud, credit card scam, mail fraud, bank fraud, securities fraud, and now internet fraud and identity fraud. If you’re arrested and charged with any kind of fraud on Long Island or in New York City – or even if you’re being investigated but have not yet been charged – speak at once with an experienced Long Island criminal defense attorney.

Fraud has significantly increased in recent years, and its perpetrators are getting bolder, more creative, and in many cases more foolish. Here are just a few examples of the kinds of cheat cases currently being prosecuted:

What is Wire Fraud?

You may have heard of wire cheat, but do you know what it is? Wire fraud is any plan or scheme to defraud or obtain money or property by means of false or fraudulent pretense or representation through the use of any electronic communication, including writing, signs, signals, pictures, and/or sounds for the purpose of committing a fraud for financial gain. If you’re charged with wire cheat, you’ll have to retain legal help immediately; if you’re convicted, the federal government could imprison you for up to thirty years, fine you up to $1 million, or both. Wire fraud is usually charged as a federal crime, but it may be accompanied by fraud charges prosecuted under state law in New York. If you’re accused of wire scam in or near New York City, contact an experienced Long Island criminal defense attorney as quickly as possible.

If you are convicted of wire scam, you’ll probably spend years in prison, pay thousands in fines, and the government may even seize your property to pay back your victims. However, some who are charged with wire scam are innocent. The whole incident was a misunderstanding, or there was no intent to defraud, or the suspect was simply falsely accused. The government still must prove its case and prove your guilt beyond a reasonable doubt. If you’re charged with wire cheat on Long Island or anywhere in the New York City area, get legal help at once; take your case immediately to an experienced Long Island criminal defense attorney.

What is Tax Fraud?

If you make an honest mistake on your taxes, it’s possible that you might be charged with tax cheat, and if that happens, you will need a good criminal defense attorney with experience in tax scam cases. However, the auditors at the IRS are trained to detect the sometimes subtle differences between an honest mistake and intentional scam. Sometimes they’re wrong, and an innocent person is accused of tax fraud, but the IRS auditors are generally very good at understanding mistakes and spotting real fraud. They certainly don’t think that every tax error – or even most tax errors – are made by criminals with fraudulent intent.

IRS auditors assume that they will find some kind of mistake in the majority of the tax returns they see. Tax laws can be exceedingly complex and challenging to understand; anyone could make an honest mistake.

Tax cases are either civil or criminal. In civil cases, the government claims that the defendant made a mistake, calculation error, or acted negligently in the preparation and filing of his or her taxes. In a criminal case, the government charges that the defendant intentionally acted to avoid paying taxes owed. Criminal cases involve the possibility of both substantial fines and prison sentences. Civil cases may involve hefty fines and other financial penalties, but they do not involve the criminal justice process or potential prison time.

If you’ve made an honest mistake on a tax return, and you are charged with tax scam– or if you anticipate being charged – consult immediately with a good criminal defense attorney, someone who routinely represents clients facing tax fraud and similar charges.

What is Bank Fraud?

Under federal statutes, “bank fraud” happens when a person employs a “scheme or artifice” to defraud a financial institution. Bank cheat can even be charged without the accused person ever actually setting foot in a bank. Bank fraud schemes can include check-kiting, fund diversion, phishing, booster checks, and accounting scam.

Usually, bank fraud is perpetrated along with some other white collar crime such as money laundering, mail fraud, and wire cheat. For instance, if someone steals your credit card information to make online purchases, the person can be charged with both bank scam (because the stolen funds were in the bank’s possession) and with wire fraud (because the Internet was used).

A conviction for bank scam can be punished by up to thirty years in a federal prison and up to $1,000,000 in fines. If you are accused of bank cheat in New York, a good criminal defense lawyer will gather evidence and examine witnesses on your behalf; will try to discredit the prosecution’s evidence and witnesses; and will work to have the charge reduced or thrown out entirely.

What is Healthcare Fraud?

Providing false information when you apply for healthcare benefits, programs, or services is healthcare scam. So is forging prescriptions and selling prescription drugs; using healthcare-related transportation benefits for other purposes; and using another person’s insurance card, whether stolen or borrowed. Healthcare providers commit healthcare cheat when they submit inflated or fraudulent claims to insurance companies or recommend unneeded treatments or medications to patients.

Under both federal and state laws, a conviction for healthcare cheat can have serious consequences including a lengthy prison term, stiff fines, and for healthcare professionals, the loss of their right to work in the medical industry.

Hire A White Collar Crimes Attorney

Not every person charged with cheat is guilty. You might have made a simple honest mistake, been misunderstood, or be the victim of a false accusation. Don’t face white collar crime charges without good legal representation. Get the help you need if you are charged with any white collar crime in New York, and speak to an experienced Long Island criminal defense lawyer immediately.

If you are arrested in New York City, typically the police first bring you to a precinct, where they attempt to take a statement. Whether or not you have been advised of your Miranda rights, politely inform the police that you want to talk with your lawyer, and do not want to answer any questions. When you make it clear that you wish to speak with an attorney, police must stop questioning you. As soon as possible, contact an experienced Long Island criminal defense attorney.

While in custody, the police will ask you for personal information. Go ahead and share your name, address, and date of birth with the officers. If you don’t, it just delays the process. You will be brought to Central Booking and eventually taken to the arraignment court. While waiting for your arraignment, you may be held in custody for up to 24 hours depending on how many people are waiting in front of you for arraignments.

At some point, you will meet with someone from the Criminal Justice Agency (CJA) who will make a recommendation to the court regarding bail. Share with this person any ties you have to the community, whether your family is in New York, and how long you have lived and worked at the same locations. Although the determination by CJA is only a recommendation to the court, anything that can show your ties to the community is helpful.

The right criminal defense attorney can help you through the arraignment and bail processes, answer your questions, and explain the procedures as they are unfolding. If you’re accused of any crime in New York City, on Long Island, or anywhere in the state of New York, get the legal help you need and speak at once with an experienced Long Island criminal defense lawyer.

What Are Your Miranda Rights?

On Long Island and anywhere in or near New York City, if you are charged with a crime, speak at once with an experienced Long Island criminal defense lawyer. After your arrest, the police must read your Miranda rights if they seek to interrogate you. Your Miranda rights are:

• You have the right to remain silent.
• Anything you say will be used against you in a court of law.
• You have the right to consult with an attorney and to have that attorney present during questioning.
• If you cannot afford an attorney, one will be appointed for you if you desire.

If you choose to answer any questions – something most defense attorneys strongly advise against – you still may stop the questioning at any time. Be courteous and polite, but simply say “I choose to exercise my right to remain silent” or “I prefer not to answer questions unless my attorney is present.”

Speaking without the presence of a lawyer could lead to a false, coerced confession. You’ve heard the old saying that “confession is good for the soul,” but when the confession is false or coerced, it’s not so good. Confessions are powerful evidence in a prosecutor’s case against a criminal suspect. For many people, a confession should lead directly to a conviction. After all, why would someone who didn’t commit a crime confess to it? In reality, false confessions are common, and the circumstances that lead someone to make a false confession must be considered.

If you are merely being interrogated and have not been arrested, the police are not obligated to read your Miranda rights, but what you say can still be used, so you should still exercise your right to remain silent. If you’re charged with any misdemeanor or felony in the Long Island or New York City area, obtain the legal counsel you need and contact an experienced Long Island criminal defense lawyer immediately.

Whatever You Do, Don’t Resist Arrest

If you’re being charged with any crime in New York City or Long Island, don’t make things worse for yourself at the time of your arrest. Running, struggling, resisting being handcuffed, and verbally abusing a police officer can all be considered resistance to arrest. In fact, at the time of an arrest, anything you do that interferes with a police officer’s performance of his or her duties can be construed as resisting arrest. If you’re charged with a crime in the New York City area, don’t resist arrest. When police officers are killed in the line of duty, it’s frequently while they’re attempting to make an arrest, so they can sometimes be a bit anxious and overbearing during the arrest process. Do everything you can to be cooperative; then exercise your right to remain silent and get immediate legal help from an experienced Long Island criminal defense attorney. If the police used excessive force during your arrest, tell your attorney. A good criminal defense lawyer will do everything possible to compile evidence and line up witnesses to support your side of the story.

You are certainly allowed to object to your arrest provided your language is not abusive, and you’re allowed to inform police officers if you have a disability or a special medical need or condition that may not be apparent to them. Politely insist on your right to remain silent and your right to have an attorney present. Then let your lawyer handle it. If you’re charged with resisting arrest, a good criminal defense attorney will determine if:

• there is a video or audio recording of your arrest
• if any eyewitnesses can confirm your story
• if the arresting officer has any history of using excessive force

Based on the available evidence, a skilled criminal defense lawyer will develop a defense strategy to bring your case to its best possible conclusion. There are no guarantees in any criminal case, but if you are charged with resisting arrest in New York or Long Island, your best hope for justice is to obtain immediately the services of an experienced Long Island criminal defense attorney.

Even if the charge you were arrested for originally is dismissed, that doesn’t mean a resisting arrest charge will also be dropped. In New York City or on Long Island, if you’re arrested for any crime and a resisting arrest charge is added to the original charge, do not plead guilty and do not try to act as your own attorney. Get the legal help you need promptly and contact an experienced Long Island criminal defense attorney.