Any charge or allegation that you committed a sex offense is scary, and a conviction for a sexually related offense can have catastrophic consequences on your life including registration as a sex offender for a minimum of  20 years.  If you have been charged with a sex offense, such as sexual misconduct, it is important [...]

To be charged with sexual misconduct, it must be alleged that a person: engaged in sexual intercourse with another person without consent; or engaged in oral or anal sexual conduct without consent; or engaged in sexual conduct with an animal or a dead body.

Sexual Misconduct is a class A misdemeanor under N.Y. Penal Law § 130.20.  If you are convicted of Sexual Misconduct, it will result in a criminal record.  The potential penalties for Sexual Misconduct are: a sentence of up to 1 year in the local jail or correctional facility. 6 years of probation. Fines up to [...]

Whether a case proceeds to trial is a case specific decision that is ultimately made by the person charged with the crime after receiving the advice of their criminal attorney.  Often, this is made based on any available defenses, the evidence against you, including any statements or DNA evidence, your prior criminal history, the potential [...]

A DNA sample is taken by the police, local jail, or probation department.  A swab, like the size of a toothbrush, is placed inside your mouth and rubbed against your cheek.  The process does not hurt and takes only seconds. This sample is provided to the New York State DNA Databank controlled by the Office [...]

The simple answer is that it is important for you to meet with your lawyer, preferably in person or at least by video if circumstances warrant it.   You need to have confidence and trust that your lawyer is experienced and equipped to help you.  You should ask your lawyer questions about their experience handling similar [...]

It is easy to want to immediately defend yourself. However, know that it is a common law enforcement technique to attempt a controlled phone call or conversation via text or social media. In this situation, contact a criminal defense attorney immediately for advice.