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

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

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

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

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

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

WHEN MAY VIDEO EVIDENCE BE USED IN A TRIAL?

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

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

WHAT’S NEW ABOUT VIDEOS THAT DEPICT CRIMES?

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

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

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

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

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

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

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

ARE THERE GUIDELINES FOR ONLINE POLICE INVESTIGATIONS?

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

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

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

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

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

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

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

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

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

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

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

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

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

For a number of years prior to 2013, the stop-and-frisk practices of the New York Police Department (NYPD) raised serious concerns over racial profiling, illegal searches, and privacy rights in New York.

Until 2013, minorities in New York City were subject to “stop-and-frisk” procedures conducted by NYPD officers. Individuals were stopped, searched, questioned, and sometimes illegally detained and harassed by New York police officers who were purportedly investigating crimes.

What are the current rules for stop-and-frisk in New York? What steps should you take if you are arrested on the basis of a stop-and-frisk? Can a Long Island drug crimes lawyer help?

HOW DID STOP-AND-FRISK IN NEW YORK CHANGE IN 2013?

In Floyd v. City of New York (2013), a U.S. District Court ruled that stop-and-frisk was being used unconstitutionally in New York City. The judge ordered the NYPD to adopt a policy that spells out how a stop-and-frisk is to be conducted without violating anyone’s legal rights.

In 2011, over 685,000 people were stopped and frisked in New York. The practice was widely criticized because persons in racial minorities were stopped in far greater numbers than non-minority individuals. In 2015, only about 23,000 persons were stopped and frisked in New York.

Although a number of reforms have been put in place since 2013, concerns about stop-and-frisk remain. Stops still tend to target people of color, but the NYPD claims that most of the stops that are now being made are based on suspect descriptions provided by victims and other witnesses.

WHAT IS THE RIGHT TO KNOW ACT?

The Right to Know Act was passed by New York’s City Council in 2017 as a response to the NYPD’s previously aggressive use of stop-and-frisk. The law took effect in 2018. It spells out what police officers must do before searching individuals, their possessions, or their residences.

The Right to Know Act has two provisions. The first provision is that a New York police officer must provide his or her name, rank, command, and shield number to a civilian before any stop-and-frisk may be conducted.

Officers must carry business cards with this information. The cards also direct civilians who want to file a complaint or who want to request a body-cam recording of the encounter to the New York City Civilian Complaint Review Board.

WHAT ELSE DOES THE RIGHT TO KNOW ACT REQUIRE?

The second provision of the Right to Know Act spells out precisely what steps police officers are to take when they seek to conduct a search, but they do not have any legal justification to conduct the search without the person’s consent.

In these cases, the law requires an officer to explain that a search will not be conducted if the person doesn’t consent to the search. The law requires officers to document these requests and, if necessary, to use language interpretation services pursuant to the NYPD’s language access plan.

Here is what New Yorkers need to know about the current stop-and-frisk rules. Let’s say that an officer thinks that someone on the street has a concealed weapon. The police officer can ask who the person is and where the person is going without having to provide any reason for asking.

However, if the police officer asks if the person has a weapon, or if the officer frisks the person, that officer must have an objective, reasonable cause to believe that the person has committed a crime, is committing a crime, or is about to commit a crime.

WHEN DOES THE NYPD NEED YOUR CONSENT TO FRISK YOU?

If the police officer does not have an objective, reasonable cause for frisking a person, the officer must ask for and obtain that person’s consent in order to frisk the person.

The Right to Know Act ensures that New York City police officers ask plainly for consent to conduct any searches that require consent. Police officers must inform people that they are not required to consent to a search and that a search will not be conducted without their consent.

The consent requirement does not apply to warranted searches or to searches conducted under standard exceptions to the Fourth Amendment’s protections. For example, consent is not needed if an officer sees evidence of a crime in plain view or if quick action is required to save lives.

If a New York City police officer does not ask for your consent to a search, or if you are not sure whether the situation requires the officer to ask you for consent, you may simply (and politely) say something like, “I’m sorry, officer, but I do not consent to being searched.”

WHAT CAN YOU DO IF THE POLICE VIOLATE YOUR RIGHTS?

If you believe that a New York City police officer has violated the law during a stop, a search, an interrogation, or any encounter with you, you may file a complaint with the New York City Civilian Complaint Review Board, which investigates charges of police misconduct and abuse.

However, if you are placed under arrest and charged with a crime on Long Island or in New York City as the result of a stop-and-frisk, it is imperative for you to contact and consult with an experienced criminal defense attorney as quickly as possible. Do not procrastinate.

You will need to have a sharp and savvy criminal defense lawyer advocating on your behalf.

WHAT WILL A CRIMINAL DEFENSE LAW FIRM IN NY DO FOR YOU?

Your defense attorney will examine the charge against you and the behavior of the police. If the police violated your rights in any way during an investigation, interrogation, search, or arrest, it is possible that your attorney may be able to have the charge against you dropped or dismissed.

New Yorkers and visitors to New York are sometimes wrongfully stopped, wrongfully searched, and wrongfully arrested. If that happens to you, you have legal rights and protections, and when it’s necessary, you can put the law to work on your behalf. A criminal defense lawyer can help.

If you believe that you are or have been the victim of a wrongful arrest or any other police abuse or brutality in New York City – or anywhere else in the state of New York – speak immediately with an experienced Long Island criminal defense attorney. A good lawyer’s help is your right.

Every criminal case in the state of New York is unique – and so are the final outcomes of those cases. A good assault and battery lawyer will weigh all of the factors in a case in order to develop an effective defense strategy on a client’s behalf.

If you are charged with a crime on Long Island or in New York City, depending on the details of the case, it is possible to have a criminal charge dropped before the case goes to trial. Charges can be and frequently are dropped or dismissed by prosecutors or by the courts in New York.

WHEN CAN CRIMINAL CHARGES BE DROPPED OR DISMISSED?

In what circumstances can a criminal charge be dismissed in the state of New York? Listed here are the most common legal grounds for the dismissal of criminal charges:

1. lack of probable cause for the police to stop, search, or arrest you
2. insufficient, tainted, or missing evidence
3. a mistake or flaw in the legal paperwork
4. the unavailability of a witness, or a witness has changed his or her testimony

WHAT IS PROBABLE CAUSE?

The Constitution protects you, your home, properties, and vehicles from “unreasonable” searches and seizures. The police cannot search you or arrest you on a “hunch.” If the police stop, search, or arrest you, they must have particular reasons and evidence that provide probable cause.

“Probable cause” is evidence that leads to and supports a plausible belief that a crime has been committed and that the person under suspicion should be stopped, searched, arrested, and/or charged with committing that crime.

If your defense attorney can persuade a prosecutor or a judge that you were stopped, searched, arrested, and/or charged in violation of your constitutional rights, the prosecutor may drop the charge or the judge may have the charge dismissed unless there is further evidence against you.

WHAT CONSTITUTES INSUFFICIENT EVIDENCE?

Insufficient evidence simply means that a prosecutor does not have enough evidence to prove the charge against you beyond a reasonable doubt.

However, you must be represented by an aggressive and experienced Long Island criminal defense attorney who can demonstrate that the state’s evidence against you is tainted, lost, or insufficient to convict you of committing a crime.

If a charge was filed against you based on the statements of one or more witnesses, and those witnesses are unavailable to testify – or if the testimony changes and is no longer useful to the state – the prosecutor may have no choice but to drop the charge.

WHAT LEGAL MISTAKES CAN LEAD TO A CHARGE BEING DISMISSED?

How often do you hear about a criminal charge or a traffic ticket getting tossed out of court because a police officer or a prosecutor failed to follow a particular procedure or made a mistake in the paperwork – like spelling a name wrong or transposing some numbers?

Honestly, a misprint or a misspelling is almost never the reason why a charge is dropped or dismissed. One place where mistakes are frequently discovered is in the charging document itself – the legal paperwork that represents the criminal charge being filed against a defendant.

When a court decides if a mistake in the charging document requires a dismissal of the charge, the court’s concern is whether the mistake has caused any prejudice to the defendant, meaning any unfairness or surprise that impairs a defendant’s ability to mount an effective defense.

CHARGES “DROPPED” OR “DISMISSED” – IS THERE A DIFFERENCE?

In casual discussions, the phrases “dismissing a charge” and “dropping a charge” may be used imprecisely and interchangeably. However – and although both are good outcomes for a defendant – dismissing a charge and dropping a charge are two distinct legal actions.

A prosecutor may “drop” a charge at any point in the process may simply choose not to file a charge after someone has been arrested. A prosecutor or a judge, however, cannot “dismiss” a charge until the charge has been filed.

ARE CHARGES DROPPED OR DISMISSED FOR OTHER REASONS?

In addition to the reasons discussed above, there may be practical rather than legal reasons why a New York prosecutor decides to drop a particular charge. Those reasons may include:

1. Limited resources: New York’s overcrowded courts and overworked prosecutors want to use resources efficiently and focus on high priority cases. If you’re charged with only a minor crime, there’s a good chance that the charge can be dropped or dismissed.

2. Leniency to first offenders: If it’s a minor crime, and especially if you are a first-time offender, a criminal defense attorney may be able to persuade the prosecutor to drop the charge.

3. Cooperation with the state: If you can provide a prosecutor with evidence for another case, the prosecutor may consider dropping any charges in exchange for your evidence and/or testimony.

ARE YOU UNDER INVESTIGATION?

If you are being investigated for a crime on Long Island or in New York City, or if you believe that you are suspected of a crime, speak to a defense attorney as quickly as possible.

This is important: Do not – under any circumstances – speak to an investigator, a police officer, or a prosecutor unless your own attorney is present.

The involvement of a criminal defense lawyer may speed up a criminal investigation, and your attorney may be able to “get in front” of the case, persuade the prosecutor to file no charges, or negotiate for a reduced charge and an acceptable plea agreement.

IN WHAT OTHER WAYS CAN A CRIMINAL DEFENSE LAW FIRM IN NY HELP?

If a criminal charge is filed against you on Long Island or in New York City, and if the charge cannot be dropped or dismissed, your attorney will:

1. investigate every detail of the charge
2. gather evidence and speak to witnesses
3. fight aggressively for justice on your behalf

You cannot face a criminal charge – even a misdemeanor charge – by yourself. Far too much is at risk. If you are charged with a crime or under investigation for a crime here in New York, you must have a top criminal defense lawyer working for you. Your future will depend on it.

If you are charged with a crime in New York, will you face a mandatory minimum sentence if you’re convicted? Can a Long Island assault and battery law firm help?

In most cases, when criminals are convicted, the justice system lets judges weigh all of the facts when they decide on a sentence. But starting in the 1970s, Congress and several state legislatures passed laws that force judges to hand down mandatory minimum sentences for particular crimes.

For example, in 1973, New York Governor Nelson Rockefeller announced plans to make New York’s drug laws the harshest drug laws in the United States. Offenders would face mandatory minimum sentences of fifteen years to life for certain drug offenses.

WHAT HAS BEEN THE EFFECT OF MANDATORY MINIMUM SENTENCING?

Lawmakers believed these inflexible sentences would devastate the illegal drug trade. More than forty years later, that has not happened. What happened instead was that New York’s state prisons quickly became severely overcrowded.

In 2004, Governor George Pataki signed legislation that reduced mandatory minimum sentences for drug offenses from fifteen years to eight years for the most serious drug crimes. Yet this state still imposes mandatory minimum sentences for a variety of crimes including drug crimes.

Exactly what are mandatory minimum sentences? What criminal convictions require mandatory sentencing? Can these sentences be appealed?

ARE MANDATORY MINIMUM SENTENCES FAIR AND JUST?

A mandatory sentencing law requires judges to hand down predetermined sentences for certain criminal convictions. A mandatory minimum sentence is a predetermined amount of time – determined by lawmakers rather than judges – that offenders must serve if they are convicted.

In New York, a number of drug crimes involve mandatory minimum sentences. Other crimes that can result in mandatory minimum sentences include gun crimes, sex crimes, and some types of theft.

Mandatory minimum sentences have received abundant criticism for being unjust, unfair, and racially discriminatory. Nonviolent drug offenders often receive sentences that do not actually match their crimes. Many activists now advocate an end to mandatory minimum sentencing.

CAN A JUDGE REDUCE A MANDATORY MINIMUM SENTENCE?

The central problem with mandatory minimum sentencing is that judges cannot reduce or otherwise change such a sentence. However, that does not mean that the situation is entirely hopeless for defendants.

A defense lawyer may be able to arrange a plea deal that lets a criminal defendant plead guilty to a lesser charge that does not entail a mandatory minimum sentence. And if a defendant receives a mandatory minimum sentence, it is possible to overturn the conviction in the appeals process.

Because of mandatory minimum sentencing, many convicted offenders in New York face extremely long sentences for non-violent crimes. Some are serving fifteen-to-twenty-five years in prison for a single drug sale. Taxpayers are increasingly concerned, because they pay the bill.

Most defense attorneys and other observers believe that most offenders serving a mandatory minimum sentence should instead be sent to alcohol treatment or drug rehab. Instead of offering offenders a chance to change their lives, mandatory minimum sentencing destroys lives.

WHICH CONVICTIONS TRIGGER MANDATORY MINIMUM SENTENCES?

In New York, there are no mandatory minimum sentences for misdemeanors. The maximum sentence for a Class A misdemeanor conviction is a year in jail. The maximum sentence for a Class B misdemeanor conviction is ninety days in jail.

However, a number of felonies in this state require mandatory minimum sentencing upon conviction when the defendant is tried as an adult. These felonies include:

1. robbery in the first, second, or third degree
2. burglary in the second or third degree
3. assault in the first or second degree
4. possession or sale of a controlled substance in the third degree
5. criminal possession of a weapon in the second or third degree

HOW WILL A CRIMINAL DEFENSE LAW FIRM HELP YOU?

If you are charged with any of these crimes in or near New York City or Long Island, you must reach out and contact a Long Island criminal defense attorney as quickly as possible. Your future and your freedom will be at stake.

Your defense attorney will explain the charges against you and how the law may apply in your own case. Everyone who is accused of a crime by the state of New York must have the advice and representation that can be provided only by an experienced and skilled defense attorney.

If you are charged with a crime that requires a mandatory minimum sentence upon conviction, and if you are innocent, you should fight the charge. However, if the state’s case against you is strong, you should talk with your defense lawyer about a plea bargain.

WHAT SHOULD YOU KNOW ABOUT PLEA BARGAINS?

However, you must not agree to any plea arrangement or “deal” unless and until your attorney recommends it. Never attempt to negotiate a plea bargain on your own. Your attorney routinely negotiates on behalf of clients and knows what it takes to get the best possible plea bargain.

Plea deals are routine in New York’s criminal court system, and only a tiny percentage of the charges filed by New York’s prosecutors actually become courtroom trials. Plea bargains are in fact responsible for more than ninety percent of the criminal convictions in the United States.

A plea arrangement – so long as it’s fair – is often the best option for a defendant who faces a mandatory minimum sentence.

WHEN SHOULD YOU INSIST ON A JURY TRIAL?

However, if you are certain in your own mind that you are not guilty of the crime you are charged with, you can reject a plea bargain offer and insist on a jury trial. If you are innocent, a good Long Island criminal defense attorney will aggressively advocate for justice on your behalf.

Choosing the right defense lawyer is imperative. If you are charged with any crime in this state, you must take advantage of the insights, advice, and representation that an experienced New York criminal defense lawyer can provide. Your future could depend on it.

Not every inmate in a New York state prison will become eligible for an early release – also called “parole” – and those inmates who do become eligible will face terms and conditions of parole that are deemed necessary to protect the public.

In New York, if you are charged with any felony, it will be imperative for you to obtain – as quickly as possible – the advice and services of an experienced Long Island parole violation attorney.

A parole board must approve a New York prison inmate’s early release. Parolees then serve the remainder of their sentences in their communities and under the supervision of parole officers.

WHAT ARE “INDETERMINATE” AND “DETERMINATE” SENTENCES?

Felony sentences in this state are “indeterminate” or “determinate.” A determinate sentence is usually imposed after a defendant is convicted on a violent felony charge.

Determinate sentences are fixed periods of time that must be served by a felony offender in a state prison.

Indeterminate sentences, however, set a maximum and minimum amount of prison time that must be served.

The minimum term for an indeterminate sentence cannot be less than one year, and the maximum term cannot be less than three years. A felony inmate may qualify for parole after serving the minimum time required by his or her indeterminate sentence.

WHAT HAPPENS WHEN AN INMATE IS APPROVED FOR PAROLE?

When a convicted felon is released from a New York prison and approved to serve parole, that person will have to sign some documents agreeing to the conditions and terms of parole.

The conditions of parole, according to the New York Department of Corrections and Community Supervision, “are rules which you must follow while under supervision. Conditions are furnished in writing to you and are explained by a Parole Officer.”

Parolees must sign that they have been given and have read a copy of their parole conditions, that they understand the parole conditions, and that they intend to comply with those conditions.

WHAT ARE THE USUAL CONDITIONS FOR PAROLE IN NEW YORK?

In exchange for early release, the state expects compliance with a variety of quite strict rules and requirements. Conditions of parole vary in each case but usually include:

1. adhering to a curfew
2. avoiding contact with known criminal associates
3. earning a diploma or GED or taking vocational training
4. seeking and maintaining employment
5. reporting regularly to a parole officer
6. submitting to warrantless searches and to random drug testing or polygraph testing
7. not purchasing, possessing, or using illegal narcotics, firearms, or other specified items

Offense-specific conditions of parole may also be imposed. A DWI offender, for example, may be ordered to place an IID device in his or her personal vehicle, and certain sex offenders must avoid locations, such as parks and playgrounds, where children typically congregate.

WHAT SHOULD YOU DO IF YOU ARE CHARGED WITH A PAROLE VIOLATION?

The violation of any parole condition can have severe consequences, including a return to prison. If you are a parolee charged with violating any condition of parole in the state of New York, you must be advised and represented by a parole attorney.

When a New York parole officer reasonably believes that a parolee has committed a parole violation, the Board of Parole can issue an arrest warrant, and the parolee will also be served with two additional documents:

1. A Violation of Release Report specifies what violation the parolee is charged with committing.
2. A Notice of Violation explains the parolee’s legal rights and specifies the date, time, and location of the preliminary parole violation hearing.

If you are a parolee in New York accused of violating a condition of your parole, you must seek a parole attorney’s advice and representation before a preliminary parole violation hearing.

You must act at once, because that preliminary hearing will be scheduled within fifteen days of the arrest.

WHAT HAPPENS AT A PRELIMINARY PAROLE VIOLATION HEARING?

A preliminary parole violation hearing does not decide an accused parolee’s innocence or guilt. Instead, the evidence is weighed to determine if the state has probable cause to proceed against the accused.

However, a qualified parole attorney can aggressively challenge the evidence offered at the preliminary hearing and seek to have the parole violation case against you dismissed.

If probable cause is nevertheless found by the court, a final hearing will be scheduled within ninety days, but your attorney may be able to have the case continued beyond that deadline if necessary.

WHAT HAPPENS AT A FINAL PAROLE VIOLATION HEARING?

At a final parole violation hearing, your attorney will present evidence to defend you against the parole violation charge. If you are acquitted, your parole will probably continue under the same conditions. If you are convicted, a return to a New York state prison is a genuine possibility.

No one should be confused about the difference between probation and parole in the state of New York. Probation allows a convicted criminal defendant to stay in his or her community without serving time in prison.

Parole is the early release of a felony inmate from a New York state prison. Under both parole and probation, a convicted offender must obey court-ordered terms and conditions.

IF YOU ARE CHARGED WITH ANY CRIME, WHAT SHOULD YOU DO?

Of course, you will not serve any probation or parole unless you have been convicted of a crime, so a criminal conviction is what you want to avoid. Any criminal conviction establishes a criminal record and entails long-term consequences – both personal and legal.

If you are charged with any crime in the Long Island or New York City area, politely exercise your right to remain silent, and do not try to act as your own lawyer. New York’s laws are too complex – and the penalties for a conviction are too harsh – to take that kind of risk.

Instead, if you are charged with any crime, in New York City or on Long Island, get the legal advice and defense representation that you will very much need, and consult at once with an experienced criminal defense attorney. That is your right.