Thursday, February 9, 2012
I received an ACD some years ago and want to enlist in the Army, will it show up?
I would act under the assumption they can see it and be honest about it. It should not affect your enlistment; in fact, here is what the statute has to say about your Adjournment in Contemplation of Dismissal. I can't tell if you received one under CPL 170.55 or 170.56 so I'll include both.
CPL 170.55(8) The granting of an adjournment in contemplation of dismissal shall not be deemed to be a conviction or an admission of guilt. No person shall suffer any disability or forfeiture as a result of such an order. Upon the dismissal of the accusatory instrument pursuant to this section, the arrest and prosecution shall be deemed a nullity and the defendant shall be restored, in contemplation of law, to the status he occupied before his arrest and prosecution.
CPL 170.56(4) Upon the granting of an order pursuant to subdivision three, the arrest and prosecution shall be deemed a nullity and the defendant shall be restored, in contemplation of law, to the status he occupied before his arrest and prosecution.
Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
Someone filed a criminal complaint against me, what do I do?
I found out someone filed a complaint against me. Should I call the precinct with the case number and speak to the officer or just wait to hear from the cops?
You have a 5th Amendment right not to speak to the police. I strongly urge you to exercise that right as it is entirely possible that the police do not have enough evidence to arrest you at this moment. Any interaction with the police could help them build a case against you.
It is typical that the police will call you and ask you to come down to the precinct to "hear your side of the story". They are not trying to help you and will NOT let you talk your way out of being arrested. They are merely trying to build a stronger case against you by getting you to admit any details that corroborate the complaint against you. It is usually the case that they have already made up their mind to arrest you before you step foot in the precinct. The police are under very little obligation to investigate the accusations made before arresting someone.
Moreover, the police rarely record your discussion so it is entirely possible that the police will claim you said something that you did not say. You would not believe the number of clients who have told me that the police altered their statements or fabricated them altogether. The only way to guarantee that doesn't happen is to have an attorney speaking on your behalf during the investigation stage.
Once you hire an attorney, they can quickly find out the status of the investigation, whether the police want to question or arrest you and in the unfortunate circumstance where you will be arrested, the attorney can arrange a mutually convenient time for your voluntary surrender that will minimize your time spent in the system. This will also prevent the unpleasantness of the police showing up to your home or place of business and dragging you away in handcuffs. An attorney can also make sure that any lineups or identification procedures conducted are done so fairly and without prejudice or prompting from the police.
Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
You have a 5th Amendment right not to speak to the police. I strongly urge you to exercise that right as it is entirely possible that the police do not have enough evidence to arrest you at this moment. Any interaction with the police could help them build a case against you.
It is typical that the police will call you and ask you to come down to the precinct to "hear your side of the story". They are not trying to help you and will NOT let you talk your way out of being arrested. They are merely trying to build a stronger case against you by getting you to admit any details that corroborate the complaint against you. It is usually the case that they have already made up their mind to arrest you before you step foot in the precinct. The police are under very little obligation to investigate the accusations made before arresting someone.
Moreover, the police rarely record your discussion so it is entirely possible that the police will claim you said something that you did not say. You would not believe the number of clients who have told me that the police altered their statements or fabricated them altogether. The only way to guarantee that doesn't happen is to have an attorney speaking on your behalf during the investigation stage.
Once you hire an attorney, they can quickly find out the status of the investigation, whether the police want to question or arrest you and in the unfortunate circumstance where you will be arrested, the attorney can arrange a mutually convenient time for your voluntary surrender that will minimize your time spent in the system. This will also prevent the unpleasantness of the police showing up to your home or place of business and dragging you away in handcuffs. An attorney can also make sure that any lineups or identification procedures conducted are done so fairly and without prejudice or prompting from the police.
Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
Saturday, January 28, 2012
Xbox: The latest crime fighting technique??
I came across an interesting article last week by Nate Anderson for Ars Technica discussing how game consoles are increasingly being used by law enforcement officers in criminal investigations. See, CSI: Xbox by Nate Anderson.
It can be used to stop the exchanging of child pornography through file sharing. It can be used to establish or refute alibis (I was/wasn't there; I was playing ______ at the time). And it can be used as a means for undercover officers to interact with suspects online via chat and then record the conversations to use in a later prosecution.
As technology advances, law enforcement has to stay ahead of the curve but that is not an invitation to circumvent civil liberties. I imagine law enforcement will need warrants to search the contents of a gaming console the way they would for a computer. However, I'm not certain there is an expectation of privacy in conversations shared over a gaming platform. It will be interesting to see how this issue plays out over time but in the meantime, know that Big Brother is watching.
Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
It can be used to stop the exchanging of child pornography through file sharing. It can be used to establish or refute alibis (I was/wasn't there; I was playing ______ at the time). And it can be used as a means for undercover officers to interact with suspects online via chat and then record the conversations to use in a later prosecution.
As technology advances, law enforcement has to stay ahead of the curve but that is not an invitation to circumvent civil liberties. I imagine law enforcement will need warrants to search the contents of a gaming console the way they would for a computer. However, I'm not certain there is an expectation of privacy in conversations shared over a gaming platform. It will be interesting to see how this issue plays out over time but in the meantime, know that Big Brother is watching.
Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
Do the Police need a warrant to put a GPS tracking device on your car? UPDATED! They do!
A couple of months ago, November 18, 2011 to be exact, I looked at the issue of whether the police needed a warrant to install a GPS tracking device on your vehicle. This week the Supreme Court decided the answer (They do.) and I'm happy to report that it was unanimous! The Supreme Court unanimously held in U.S. v. Jones that the warrantless use of a GPS tracking device by the police violated the Fourth Amendment. The Court said that a warrant is required "[w]here, as here, the government obtains information by physically intruding on a constitutionally protected area like a car.
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