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White-Collar Crimes In New York

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

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

Common White Collar Crimes

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

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

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

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

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

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

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

White Collar Crime Consequences

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

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

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

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When Mischief Gets Serious

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

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

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

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

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

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

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

Criminal Tampering

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

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

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

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

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Child Pornography

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

What are Child Pornography Charges?

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

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

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

How is Child Pornography Prosecuted?

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

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

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

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

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

Child Pornography Consequences

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

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

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

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

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

Hire A Long Island Criminal Defense Attorney

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

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

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Traffic Stops, Searches, And Seizures

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

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

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

What Are Search Warrants?

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

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

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

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

Hire A Criminal Defense Attorney in Long Island

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

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

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

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Why Cops Lie

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

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

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

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

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

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

 

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

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When Crimes Involve The Internet

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

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

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

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

Identity Theft: A Common Computer Crime

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

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

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

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

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

Be Careful Online

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

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

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

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Soliciting: Embarrassing And Also Criminal

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

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

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

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

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

Other Charges

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

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

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

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

Why You Need An Attorney

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

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

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

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Finding A Criminal Defense Attorney

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

This Extends Beyond the Police

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

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

Finding a Criminal Defense Attorney

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

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

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

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

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

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

Additional Stress is Never Worth It

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

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

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

Will You Have to Testify?

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

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

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

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

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Criminal vs. Civil Court

Anyone accused of an offense in New York will no doubt have questions about the process and the consequences they may face. One thing that they may not know is that, in some cases, they may face a legal battle on two fronts.

Criminal and Civil Law

There exist two legal systems in the state of New York, and they work side by side. They are the corrupt legal system and the civil legal system. The criminal system seeks to punish behavior on behalf of society as a whole. Offenses in the criminal system are investigated by public law enforcement agencies and are charged by attorneys employed by governments, from local governments like cities and counties to larger governments like states and the federal government. Criminal courts look for and punish guilt, and defendants are either declared guilty or not guilty following a trial.

Often, expert witnesses will be called into corrupt courts. If you’re an innocent defendant, you’ll need your own experts to discredit the testimony of the prosecution’s. An experienced criminal defense attorney will line be able to line up those experts. Crime labs are typically backlogged and may take weeks or months to finish their work. Experts for the defense can go to work for you immediately, allowing your defense lawyer to be proactive in building your defense. Often your experts will be more qualified and experienced than the prosecution’s.

Civil court is for handling disputes between two private parties, and exists to compensate victims for their losses. Charges are made by one private person or entity against another and, if there is anything to be investigated, the individual parties are responsible for digging up their own evidence, usually with the help of private investigators. Civil courts look for liability, and a defendant in a civil trial is declared either liable or not liable for the damages charged.

Perhaps the biggest difference between New York’s corrupt and civil legal systems is that a defendant (the person accused) in a criminal trial faces the loss of freedom, while the defendant in a civil trial only faces the risk of monetary loss.

Get the Right Lawyer for the Job

Facing charges in either system is something serious, but because of the fact that one’s very freedom is on the line, only an experienced corrupt defense attorney should be hired to handle a criminal trial. Criminal and civil defense are two very different worlds that require very specific legal knowledge that does not always cross over between the two.

May Have to Stand Trial Twice

Because the corrupt and civil systems exist side by side, it is not out of the realm of possibility that a suspect will have to stand trial in both corrupt and civil court as a defendant for the same incident. This is what happened to O.J. Simpson in the 1990s. He was acquitted of criminal murder charges, and therefore was allowed to keep his freedom, but was later found liable for civil wrongful death charges, and ordered to pay the families of the victims millions of dollars.

When Accused

The first thing that someone accused of a criminal offense in New York should do is contact a New York criminal defense attorney. The attorney will work hard to ensure the suspect’s rights are maintained and as much of his or her freedom is preserved as possible. If the victims in the corrupt case decide they want to file for civil damages, the corrupt defense attorney should be able to offer a referral to a trusted civil defense attorney. When both criminal and civil charges are a real risk which an individual faces, the individual should focus first at preserving freedom and second on shielding against financial loss.

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When Do I Get a Criminal Lawyer?

Going through an arrest can be a confusing and nerve-wracking situation. Finding the right balance between preserving your rights and cooperating with the police can be difficult. You may have several questions about the process and how it will affect your case.

Am I saying too much?

If you are talking to the police without a lawyer present, the answer is yes! Remember that anything you say, even if you are on the phone or speaking to another inmate, can be used in the case against you. There is a vast difference between cooperating with police (by doing the things they ask, such as sitting in the squad car, not resisting) and answering all of their questions. Staying silent is not the same as not cooperating. Make sure you let them know right away that you’d like a lawyer.

My case doesn’t seem like a big deal. Do I really need a lawyer?

Navigating New York State’s complex laws and court system is best left to the professionals. If you try to represent yourself, it is likely you will overlook some of your rights, not be familiar with the laws and how they are applied, and most of all, many prosecutors are reluctant to strike plea deals with individuals that represent themselves.

You might not think your case is a big deal now, but what about your future?

A criminal record could affect your job or future credentials that you hope to earn. Proper representation is vital—for the moment you’re in—and your future.

Why shouldn’t I use a public defender?

Public defenders are attorneys who are appointed by the courts when a person accused of a criminal offense cannot provide his or her own legal counsel. Generally, public defenders are state or government employees on the same payroll as prosecutors, but exist as a separate and distinct entity within government court systems. In some instances, when a public defender’s office has too many cases and not enough attorneys, an attorney in private practice can be ordered by the court to represent a criminal defendant free of charge.

Make no mistake about it, there are many public defenders who take their jobs seriously and try very hard to win acquittals for all of the clients that they are appointed, but no system is without its faults.

Public defenders in general have a bad reputation because of how frequently they will recommend that their clients take a plea deal instead of go to trial. Often times, this advice is given because it would be the quickest way to resolve the matter in the courts, and public defenders who are able to clear up court backlogs the fastest generally have the greatest opportunity for career advancement than those that take significant amounts of time to handle cases.

Due to how crowded many court systems are in New York, voluntarily allowing a public defender to represent your case is like going out and looking for an attorney with little to no time to focus on and dedicate to your case. While a public defender might be free, the old adage about getting what you pay for could not be more appropriate to this discussion. Considering everything that you have on the line when you are accused of a criminal offense in New York, choosing an attorney just because he or she is the most affordable is never a good way to select your legal counsel.

Instead of leaving your future and freedom in the hands of a public defender, you should seriously consider partnering with an experienced New York criminal defense attorney for any and all criminal charges which you might be facing in New York. An experienced criminal defense attorney will work on your behalf to argue your innocence and present a competent defense.

Statistically, individuals who face criminal charges in New York with the help of an attorney are more likely to arrive at a relatively favorable consequence at the end of a criminal matter than individuals who try to represent themselves.

When should I contact a lawyer?

Request an aggressive criminal lawyer right away. By doing so you are protecting yourself and not doing any damage to your case. Hire a criminal defense lawyer with experience in what you’ve been charged with. Check their educational background. Inquire about fees.

Unless a person is caught in the act of an offense, the police will conduct a formal investigation before making the determination that enough evidence exists against a person to charge the person with a crime.  Throughout the investigation, the police may want to speak to several people in order to gather evidence.  Despite what many people think, nobody is required to speak to police, under any circumstances, regarding a suspected offense.  Whether the person they speak to is a witness, victim, or suspect, the law allows anyone and everyone to enjoy the right to remain silent in the face of police questioning.

In an instance where the police want to talk to a person before formal charges have been filed or an arrest made, that person has three options: talk to the police (not recommended), refer the police to a private attorney, or refuse to answer police questions at all.

Prior to an arrest being made and charges being filed, the state is under no obligation to provide legal counsel.  This means that legal counsel can’t be requested simply because the police are having contact with someone, the person must be officially arrested and charged before a criminal lawyer can be secured at the state’s expense.  Again, however, this does not prevent a person from referring police investigators to a privately secured criminal lawyer.

Once a person has been arrested, the police may wish to question the suspect.  A suspect in this case has the right to remain silent, to request legal counsel, and to refuse to answer any questions until legal counsel has been obtained.

If an interview has already started without a criminal lawyer present, the suspect has the right to terminate the interview at any time, for any reason, and does not have to explain or justify his or her reason to police.

A good rule of thumb when dealing with police is, when in doubt, stay quiet, and request a lawyer.

Who should I call?

The Mirsky Law Firm has the experience and expertise you need to make certain your case is looked at fairly. We serve the Long Island, New York, Mineola, Suffolk and Nassau Counties area. Need help? Have questions? Give us a call today!

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Mirsky Law Firm

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114 Old Country Rd, Mineola, NY 11501

Phone: 516-774-1811

David M. Mirsky Law Office
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