New York laws against sexual assault are severe, and getting experienced legal representation is critical if you want to avoid conviction.

The most important thing to remember if you’re facing charges is to talk to an attorney before giving a statement to law enforcement. Anything you say to the police might be used against you.

Even if you are innocent, allegations of sexual assault can tarnish your reputation and affect your professional and social life. Even if you didn’t commit a crime, you could still be convicted unjustly on false charges. And even if you are partly at fault, you might be charged with much more serious crimes than you deserve. If you’re facing sexual assault charges, talk to a criminal defense attorney as soon as possible.

Possible Defenses for Sexual Assault Charges in New York

Possible Defenses Available to You

FindLaw explains some of the potential defenses available to someone charged with sexual assault. A criminal defense attorney can defend your case, possibly using the following defenses:

• Innocence: In a sexual assault case, the most basic defense is a claim of innocence. A defendant can argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place, which is known as presenting an “alibi”. In order to present a defense based on an alibi, the defendant must support the alibi with credible evidence that establishes that they were not with the victim at the time the crime took place. Credible evidence often includes documents such as hotel receipts, plane tickets, credit card bills, witness corroborations, and DNA evidence if necessary and available.
• Consent: One of the elements of sexual assault is that the sexual behavior must occur against the will of the victim. Sometimes defendants in a sexual assault case will admit to the behavior in question, but argue that the victim’s consent negates the charges. If the defendant can demonstrate that the victim consented to the sexual contact, it could provide a solid defense to the allegations. However, proving consent can be difficult and controversial for the defendant, and is sometimes impossible. When the alleged victim is a minor, is somehow incapacitated, or is mentally challenged and incapable of understanding the sexual nature of the behavior, it’s impossible to use consent as a defense.
• Insanity or Mental Incapacity: Defendants in a sexual assault case can also claim that they had a mental disease or defect at the time of the crime that should remove criminal liability for their actions.

Get Help!

It’s normal to feel overwhelmed and scared if you’re facing charges of sexual assault in White Plains, New York. Proving your side of the story might feel impossible, but Darren DeUrso is here to help you explore all the defense options available to you. Call us at 914.772.8614 for a free consultation.

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

White collar crimes can include a full range of frauds committed by business and government professionals, according to the FBI. White-collar crimes are generally non-violent in nature and can include public corruption, health care fraud, bank fraud, mortgage fraud, tax fraud, securities fraud, investment schemes, embezzlement, money laundering, and more!

What if you find yourself facing an accusation? Whether you are innocent or guilty, acting fast is key!

Keep reading to understand what steps to take if you’re accused of a white collar crime in White Plains, New York:

1. Take your accusation seriously. If you’re being accused of a white collar crime it makes sense to be stressed. After all, white collar crimes can have serious, life-changing consequences. Like any criminal charge, white collar crime accusations should not be taken lightly. If you’re facing criminal charges, your best option is to get legal help fast!
2. Contact an experienced criminal defense attorney as soon as possible – and make sure they have experience with white collar crimes. White collar crimes can be highly complex and nuanced, just like the defenses that might be necessary to help you win your case. You need an attorney you can trust, someone who has confidently and successfully dealt with cases like yours. Darren DeUrso has been handling criminal cases for 25 years and is ready to fight for your best possible outcomes today. He can help talk to law enforcement and gather evidence on your behalf, and can make sure your rights are always protected.

1. Follow your attorney’s advice! White collar crime cases aren’t simple, but this is a simple guiding point to always keep in mind. Like any criminal case, a mistake you make during the investigation or something you do or say without thinking could determine the outcome of your case. It’s essential to consult your attorney on all decisions relating to your case and to carefully follow any instructions or advice from your attorney. When you’re involved in a criminal case, everything you do or say needs to be carefully thought through. It’s especially important to work closely with your attorney regarding how evidence is handled and what you say to others about your case.

Are white collar crime accusations threatening your future in White Plains, New York? Don’t risk the impacts of a criminal record and criminal penalties. Darren DeUrso is here to advise you during police questioning, examine the methods that were used to gather evidence against you to see if they were legal and fair, and fight for you every step of the way! Get started by setting up a consultation by calling 914.772.8614 or sending a message online. Don’t procrastinate on getting the legal help that can turn your case around for good!

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

Sexual harassment is often talked about, but less often understood. But understanding the complexities of sexual harassment can not only help you avoid a false accusation, but will also help you know what to do if you are accused.

What Can Be Considered Sexual Harassment?

According to LegalMatch, sexual harassment occurs when someone directs unwanted sexual conduct or contact that creates a hostile and offensive environment.

When many people think of sexual harassment in the workplace they often think of the stereotypical “quid pro quo harassment.” But while this does happen, it is the rarest type of workplace sexual harassment. Sexual harassment accusations are often less black and white – but a criminal defense attorney can help you tell your side of the story.

According to the U.S. Department of State, sexual harassment can look like:

• Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person or via e-mail;
• Verbal abuse of a sexual nature;
• Touching or grabbing of a sexual nature;
• Repeatedly standing too close to or brushing up against a person;
• Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested (supervisors, in particular, should be careful not to pressure their employees to socialize);
• Giving gifts or leaving sexually suggestive objects around;
• Repeatedly making sexually suggestive gestures;
• Making or posting sexually demeaning or offensive pictures, cartoons or other materials in the workplace;
• Off-duty, unwelcome conduct of a sexual nature that affects the work environment.

Sexual harassment can fall under the New York Penal Code if it involves the following elements:

• Forcible Touching – which occurs which a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading.
• Criminal Sexual Act – when a person engages in oral or anal sexual conduct with another person without that person’s consent. This can be charged in the First Degree when there is force used, a Class B felony. It would be charged in the Third Degree when the person cannot consent, a Class E felony.
• Sexual Abuse – occurs when a person subjects another to sexual contact without consent. This can be charged in the First Degree when it is done by force, a class D felony. It would be charged in the Third Degree when it is done without consent, a class B misdemeanor.
• Persistent Sexual Abuse is charged when a person has committed sexual abuse, Third degree or forcible touching and had been previously (within the last 10 years) convicted two or more times and sentence imposed, a class E felony.

What To Do If You’re Accused

If you’re convicted of sexual harassment, the penalties can be severe – ranging from disciplinary action from your employer to termination from your job to even jail time! That’s why you need an experienced criminal defense attorney to help get your charges dropped! If you’re accused of sexual harassment, LegalMatch recommends some important tips that will help your case and help prove your innocence:

• Take the allegations seriously when you are notified directly by a co-worker or indirectly by other employees, supervisors or human resource personnel.
• Start recording your interactions with the co-worker and write down everything you can recall from prior incidents.
• Ask the employer to identify what steps will be taken by them to determine in good faith the facts of the allegations.
• You may also wish to cooperate with any investigation undertaken to determine whether the allegations against you can be substantiated. It is important that you identify any witnesses and provide any statements or documentation that may support your story.
• Consult with a criminal defense attorney who can help you to respond to the allegations or help with mediation efforts by the company to resolve the issues without resorting to litigation. Consulting with your attorney can also help you to decide how best to respond if the investigation finds that you did sexually harass your colleague. This will also help in anticipating penalties, such as termination, being required to issue an apology, or participation in sensitivity training.

Were you falsely accused of sexual harassment in Westchester County, NY? Or maybe you were charged with harassment but you know the charges are far more severe than what you deserve. When you need justice, get Darren DeUrso to help argue your case! You have the right to an experienced criminal defense attorney who can tell your side of the story convincingly.

Contact a criminal defense attorney you can trust at 914.772.8614 or online.

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

Most people don’t consider the legal implications of something as mundane as posting pictures to Instagram or writing an update on Facebook. Social media is so normal that we forget about the negative repercussions that even a casual, “harmless” post can have.

But if you’re facing any kind of criminal charges, think again before using social media. Social media can be a game-changer when it comes to criminal cases – here are five reasons why:

1. Social Media Posts Can Legally Count As Evidence Against You. Whether you’re describing your day, sharing a few photos, or checking in at a location, your social media activity can be used by the court against you. According to Forbes, “courts today are more than willing to admit social media content as a form of evidence both for and against you.” Something as innocent as a photo of you and your friends having a beer at a sports bar can be twisted into something as serious as evidence that you have an alcohol problem. Assume that what you post could be used for the worst. And if you’re involved in a criminal case, a good rule of thumb is usually to not post anything (including “private” messages).
2. Something You Assume Is Private Can Be Made Public. In a recent article about social media and legal cases, Forbes advised to “never assume that anything you share online (publicly or in private messages) is fully confidential…If you are involved in any case or proceeding, or even a case or proceeding that is reasonably foreseeable, think twice before posting anything that can be self-incriminating or used against you in the courtroom.” Even deleted content and posts or messages marked as “private” can be uncovered and obtained by people who know how.
3. The “Illegally Obtained Evidence” Argument Doesn’t Usually Work for Social Media Posts. This means that at any time the court (or the opposing party in your criminal case) can present your public social media posts as evidence against you. Forbes reports that, contrary to popular belief, it is completely legal to use communications garnered from social media sites as evidence. Judge Michael Corriero explains that “the prohibition against using illegally obtained evidence applies primarily, essentially solely, to law enforcement. It doesn’t apply to another civilian.” And although it is perhaps counter-intuitive, this rule applies for private or direct messages on social media platforms such as Facebook Messenger or WhatsApp too. If you’re at risk of criminal convictions, it’s a good idea to not post or message anything that you wouldn’t mind the whole world hearing.
4. Deleted Posts Can Be Seen As Suspicious. Don’t assume you can just delete anything you don’t want the judges to use against you. Just like attempts to hide physical evidence would be seen as suspicious, attempts to delete social media posts while your case is in progress will also be a red flag to the courts. Experts writing for Forbes strongly advise against deleting anything during your case. Judges will see this as evidence that you were trying to hide evidence that would incriminate you. And remember that deleted content can be recovered. It’s also highly likely that someone you know would have seen the content before you deleted it, and they could be called upon as a witness. According to Forbes, even “permanently” deleted content can be recovered using new-gen forensic recovery methods.
5. Someone Else Posts Something Incriminating. Things can get out of control fast! Even if you are being aware and careful about what you post on your own accounts, friends or family can post something incriminating – regardless of intentions. Even if you’re not tagged in the photos that your friends post, the opposing attorney can look through your friends’ social media content for anything that could be used against you.

Regardless if you are innocent or guilty, social media can make your case decidedly more complex. According to LegalMatch, many kinds of criminal charges can arise from social media posts. Text, photos, tags, and videos of any kind can imply your involvement in a crime.

Has something been posted on social media that you fear will be used against you? Have you posted something you regret and now need help navigating the situation effectively? No matter your situation, you’re entitled to experienced and effective legal representation.

If you’re facing criminal charges in the White Plains, NY area, don’t risk the lifelong consequences of a criminal conviction. Darren DeUrso will make it a personal goal to get justice for your case! Contact a criminal defense attorney you can trust at 914.772.8614 or online.

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

When most people think of sex offenders, they think of serial child molesters who stalk their next victims at playgrounds, or brutal rapists who violate human rights. These cases, of course, do happen. However, as many people have discovered the hard way, these cases aren’t the only offenses that can force someone to register as a sex offender.

Many individuals are required to publically register as sex offenders because of offenses involving consensual sex or other acts that the individuals might not have known were crimes.

Unfortunately, even when an individual means no harm, the repercussions of minor sex offenses can quickly escalate. Under certain circumstances, something as seemingly harmless as sending nude photos to a romantic interest or having consensual sex with a minor could land you on the sex offender registry. Regardless of the crime committed, registered sex offenders all face the same social stigmas, challenges, and restrictions. Let’s say you had consensual sex in a way that the law deemed illegal – you could face the same difficulties as a violent rapist who was also forced to register as a sex offender.

According to Business Insider, here are 4 surprising ways that could result in registration as a sex offender in White Plains, New York:

1) Taking nude photos — if you’re a minor.

Teenagers who take pictures of themselves while naked could get charged with child pornography and be put on sex registries, according to a 2013 report from Human Rights Watch. It gets worse – kids who send naked photos that are viewed in another state could be charged with a federal crime, according to Avvo.

For example, a 15-year-old girl in Pennsylvania was charged in 2004 with spreading child porn after taking nude photos of herself and putting them online, according to Human Rights Watch. She was forced to register as a sex offender.

2) Visiting a prostitute.

In all states except Nevada, prostitution is illegal. Even inquiring as to a prostitute’s rates can be seen as a crime. Visiting a prostitute can be considered a “registerable offense” in some situations.

3) Having consensual sex with a teenager, even if you’re a teenager, too. At least 29 states require teenagers who have had consensual sex with each other to register as sex offenders, according to the Human Rights Watch Report from 2007. In New York, even consensual sex between two teenagers who are in a loving relationship can be considered a crime and can land individuals on the sex offender registry. In New York, the “age of consent” is 17, meaning that someone under 17 cannot legally give consent. New York’s “close of age” exception does not apply to minors under age 15.

4) Sleeping with a relative. Incest is not just a social taboo in New York, it’s illegal. Sex between blood relatives can be considered a sex crime in New York and could result in penalties that include registering as a sex offender, as well as a possible sentence of 10-25 years in prison, according to World Population Review.

These are just four surprising ways that harmless intentions or thoughtless actions could result in years, decades, or even a lifetime of having to register as a sex offender. Registered sex offenders face challenges with employment, housing, law enforcement, and society in general. If you’re facing criminal charges, it’s time to act to protect your future. You deserve aggressive criminal defense from an attorney who knows the nuances of New York law!

If you’re accused of sex crimes, the most important thing you can do is to talk to a criminal defense attorney before you talk to the police! A criminal defense attorney like Darren DeUrso can help you tell your side of the story in a way that will convince judges that you deserve to have your charges dropped! Representing yourself could mean that you miss out on important evidence or phrase something in a way that the court will use against you.

Where’s the Justice?

Sex crime laws exist to provide justice for the innocent and the laws surrounding what counts as a sex crime aren’t always fair. But, regardless of your guilt or innocence, a criminal conviction will turn your life upside down. If you find yourself facing accusations for sex crimes, you need to talk with a qualified criminal defense attorney right away. A criminal defense attorney can help you convince the courts of your side of the story. If you’re already on the sex offender registry, a criminal defense attorney can help you appeal for deregistration.

 

Contact Darren DeUrso at 914.772.8614 or online.

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788

Are you facing criminal charges? But what about your side of the story? Do the details of your arrest or treatment by law enforcement reveal different crimes?

When you are accused of a crime, a criminal defense attorney can help tell your side of the story. Many kinds of evidence can help your case – including the way that police treated you during your arrest. Even if the police pulled you over or issued you a ticket without arresting you – you still could have been the victim of police brutality.

Keep reading to understand how to fight for justice in the event of police brutality in your criminal defense case.

What is Considered Police Brutality?

Britannica.com defines police brutality as “the unwarranted or excessive and often illegal use of force against civilians by U.S. police officers,” yet many individuals still need a clearer understanding of what police brutality actually is.

According to USAttorneys, police brutality is when a police officer becomes violent and aggressive toward a compliant suspect.

Police brutality can also happen when a police officer sexually assaults a victim who is seeking support from their law enforcement agency. An excess of police brutality cases has caused an understandable lack of trust between civilians and law enforcement.

Police brutality is often a topic in criminal defense cases. Whether someone is guilty or innocent of criminal charges, police brutality is unjust. If you’ve been a victim of police misconduct or believe your rights may have been violated by an officer, we recommend you consult with an attorney as soon as possible to find out how you can defend your rights.

According to USAttorneys, common examples of police brutality can include:

• excessive force
• wrongful death
• sexual assault
• deploying a taser when a suspect is lying on the ground obeying an officer’s commands
• beating an individual who is evoking their Fifth Amendment right to remain silent
• harassing a teen because of their race
• taking possession of a person’s property without a viable reason for doing so
• arresting an individual without probable cause.

Real-Life Stories of Police Brutality

In 2008, suspect Angela Garbarino was brought into a police booking room in Shreveport, LA. where officer Wylie Willis proceeded to “manhandle her to the floor” and then turned off the surveillance camera in the room. When the camera was turned back on, Garbarino was seen “lying in a spreading pool of blood on the floor and was removed from the room on a hospital gurney.” The incident left Garbarino with two black eyes, broken teeth and a broken nose. The officer alleged the woman fell on her face while trying to exit the room, reports The Guardian.

In 2016, officer Jeronimo Yanez claimed he pulled over Philando Castile for a broken tail light. Shortly after Castile informed Yanez he had a gun in the car (for which Castile had a permit), Yanez shot Castile twice in the heart. Additional bullets came within inches of Castile’s girlfriend, who was also in the car, reports USA Today.

In 2015, four women accused former Hialeah Police Sgt. Jesus Menocal Jr.of sexual abuse. No action was taken on those complaints at the time, but in 2019 Menocal was arrested by the FBI for violating the civil rights of citizens, kidnapping a girl, and sexually abusing several others. According to the Miami Herald. The officer was allegedly taking girls and women into custody and using his authority to coerce them into having sex with him.

Police brutality continues to be a serious, ongoing issue and is responsible for claiming hundreds of lives and injuring thousands of others. To help put an end to this injustice, it’s important to tell your criminal defense attorney about any possible indications of police brutality that happened during your traffic stop, arrest, questioning, or other encounters with law enforcement. Providing a qualified attorney with claims or evidence of police brutality can help turn your case around and bring justice to your situation.

Get Justice!

Police brutality isn’t limited to the kinds of cases described above. Many people don’t realize that even a seemingly “small” act committed by an officer can be classified as police brutality. A common example that doesn’t make headlines as often is verbal abuse. Anytime an officer of the law violates a person’s rights or inflicts physical or psychological harm that is deemed excessive and beyond reason, it can be considered police brutality.

If you believe you are the victim of police brutality in White Plains, NY, it’s time to talk to a criminal defense attorney. Contact Darren DeUrso at 914.772.8614 or online.

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: 914.772.8614

Fax: 914-833-9788