When you are accused of and arrested for a crime or crimes you did not commit, fear can give way to paralysis. Whether you are charged in a New York City Criminal Court with felonies due to a misunderstanding that is based in false presumptions, or even if there is some truth but not full accuracy to each offense drafted in your felony complaint, you and your criminal lawyer have significant work ahead. Remaining frozen with fear is not a viable option.
Yes, you may have made a mistake and technically broken the law, but when all the facts are examined and evidence reviewed, the gravity of the allegations may not ultimately match the charges you face. Finding him/herself in a similar predicament, a recent Crotty Saland PC client had no choice but to “push back” in a thoughtful and respectful manner against such a felony complaint. Relying on both a legal sufficiency and mitigation defense, our client never lost sight of her/his exposure even if the the charged crimes were in part based on a wrongdoing unsupported by the evidence from a prosecutorial discretion perspective. After being charged with numerous crimes including Third Degree Burglary, Criminal Possession of Computer Related Materials, Computer Trespass and other crimes for allegedly accessing university computers and downloading certain materials, prosecutors agreed to offer a disposition that will ultimately give our client the opportunity to end the criminal case without a criminal criminal conviction dirtying his otherwise pristine criminal record.
When faced with felony crimes in New York City or anywhere in the Hudson Valley or State of New York, there is no substitute for a strong defense, but don’t confuse being a “pit bull” with “best.” When the facts and law are on your side to challenge some or all of the charges and the prosecution is willing to examine the evidence, speak with witnesses and the complainant, and listen to the defense arguments, patience and “honey,” not aggression and “vinegar” will win the day.
No longer an enrolled student, but a graduate auditing classes, law enforcement and the university believed that our client illegally entered a building and the downloaded materials without permission by using wrongfully secured and unauthorized login information. Despite the initial belief that our client had some evil and nefarious intent to manipulate grades, steal and sell materials or access personal information of students and staff, the District Attorney’s Office took the time and made the effort to execute search warrants on our client’s computer. Upon doing so and listening to our assertion that our client had no such intent nor downloaded information of this nature, prosecutors confirmed that our client did not have a great fraudulent scheme, but one based in a desire to learn, educate himself/herself and study to achieve a better future. Further, and equally important, the District Attorney’s Office determined that the Burglary offense was likely neither viable nor a proper charge in light of the fact our client was auditing classes and therefore had permission to be inside the building.
Instead of staring down felony crimes of Third Degree Burglary, Eavesdropping, and Criminal Possession of Computer Related Materials and the prospect of a life altering criminal record, our New York computer crime lawyers set our client on a different trajectory. That path, no longer bleak, will allow our client to remain legally in the United States, have a fruitful career and state with full confidence she/he has no criminal record. One always has to worry about hiccups and bumps in the road, but with the right attitude, steps and defense, this client will one day be able to know that the shadow of criminal conduct no longer darkens her/his future.
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Crotty Saland PC is a a New York criminal defense law firm representing college students, professionals, and people from all walks of life in criminal arrests and other allegations in New York City and the Hudson Valley. Crotty Saland PC was founded by two former Manhattan prosecutors.