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Criminal Attorney – Who Should You Hire?

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If you are charged with a crime your freedom is at stake. You should hire an excellent criminal defense lawyer. However, who do you hire? The first thing you should look into before you hire a criminal defense lawyer is how long they have been practicing law? You should then ask the attorney about their familiarity with the courts in the county where your case is pending. How often do they appear in that court? How many cases have they handled? Delve into their level of experience. For your hard earned money you want the best attorney for your money!

Communication With Your Attorney

Once you hire your attorney, discuss with him or her how you would like to be communicated with. Do you want to talk on the phone? Should you be communicating through e-mail or text messaging? When is the best time to call your attorney? It should be noted that most busy criminal lawyers are in court representing their clients during the mornings. It is usually better to call criminal defense lawyers in the afternoon when they are back in their office.

The Attorney’s Office

When you enter your attorney’s office look around and see if he or she has staff. How many people are in the office? Are their phones monitored on a 24 hours basis 7 days a week? If your attorney is busy, are there other attorneys in the office who can help you?

Our Office

Our office has 5 full time attorneys who represent clients with regard to criminal cases throughout the Metropolitan New York area. We have a staff of 7 people backing our attorneys up. Our phones are monitored 24/7. Should you need a criminal attorney at any day on any time, you can call us. Our phone numbers are 516-561-6645, 718-350-2802 and 631-319-8262. Our phones are monitored 7 days a week/365 days a year!

New York Criminal Record Sealing Law

Handcuffs laying on top of fingerprint chart in file

Starting October 1, 2017 criminal records can be sealed in the State of New York. This is the first time New York residents have had the option of sealing criminal records. All criminal records except violent crimes, Class A felonies and sex offenses with certain minor restrictions can be sealed. There is a ten year waiting period from release from prison or conviction of the last crime before you can bring the legal proceeding to seal your criminal record.

Expungement vs. Sealing

Expungement refers to the destruction of a record. Sealing refers to the closing of a record to those who would seek to have this information. The new law in New York seals the criminal record of those individuals who successfully bring a proceeding for sealing under the new New York Criminal Record Sealing Law. The only individuals who may have access to the sealed records would be members of law enforcement and certain limited licensing authorities.

How to Seal Your Criminal Record

The first thing you must do is to hire a law firm who is knowledgeable about the new Criminal Procedure Law Section 160.59. The law firm then brings an application to the judge that sentenced you and if that judge is no longer available to another judge assigned to hear this proceeding. The law firm presents the fact that more than ten (10) years have expired since your conviction and shows the court that you have been rehabilitated, not convicted of other crimes, and also shows how the sealing of your criminal record will benefit you. They also must show by sealing your criminal record it will not have an adverse effect on society.

Attorney Elliot Schlissel

The District Attorney’s Office is served with a copy of your application for sealing your criminal record and they will have forty-five (45) days to oppose it for good cause. If they do not oppose it, it will be submitted to the judge on the papers submitted by your attorney. If it is opposed by the District Attorney’s Office a hearing will be held wherein your attorney will be able to present evidence showing why your criminal record should be sealed pursuant to New York Criminal Procedure Law Section 160.59.

Don’t Wait!

Contact Us Now to Seal Your Criminal Record. We have convenient offices in Nassau, Suffolk and Queens County.

Call 516-561-6645, 631-319-8262, 718-350-2802 or e-mail us at: elliot@sdnylaw.com.com

Domestic Violence & Sexual Abuse Allegations

Gavel & law books

Domestic violence situations often occur in residences. Domestic violence cases involving requests for Orders of Protection, arrests by the police, and applications in the Family Court usually involve individuals who live in the same residence. The District Attorney’s offices in the Metropolitan New York area take allegations of domestic violence quite seriously. Many of the District Attorney’s offices have special units designed to investigate and prosecute domestic violence cases.

Sexual Abuse: Forcible Touching

In the State of New York there are a variety of related crimes: sexual assault, sexual abuse and improper touching. New York has a new statute involving forcible touching. This involves individuals touching other individuals without permission in an inappropriate and/or degrading manner.

The sexual related crimes take into consideration the age of the victim, the circumstances of the crime, the nature and extent of the contact. In certain situations individuals convicted of sexual crimes have to file under the sex offender registration statute. Our office has experience in dealing with false charges involving sexual abuse related to domestic disputes and cases involving divorces and/or custody litigation.

Attorney Elliot S. Schlissel

False Allegations of Sexual Abuse

Improper and false allegations of sexual abuse can have impact on all aspects of a person’s life. It can cause an individual to be thrown out of his or her home, lose their job and/or be considered a sex offender, which will create numerous problems in finding future employment. All cases involving alleged sexual domestic violence issues should be taken very seriously. If you, or a friend, or family member are accused of a sexual related incident or domestic violence matter, it is important you retain competent counsel as quickly as possible.

Internet Crimes: Child Pornography on the Internet

Handcuffs and keys

In recent years there has been many prosecutions of individuals relating to downloading or uploading child pornography through the internet. In addition, contact on the internet with minors or providing obscene material to minors, is also a crime. These cases are prosecuted by federal investigators, state investigators and local police departments. These law enforcement agencies often pose as minors on the internet to obtain information to prosecute individuals involved in these inappropriate illegal activities.

Jail Sentences for Internet Related Crimes

Attorney Elliot S. Schlissel

The jail sentences for internet related crimes involving child pornography and inappropriate sexual contact with minors can be very harsh.

Should you be contacted by law enforcement personnel with regard to alleged obscene material, child pornography or contact with minors on the internet, you should immediately advise the investigating authorities that you wish to make no statement until you consult with an attorney. The retaining of an attorney early on in these investigations is crucial. Statements made to investigating officers can be used against you in courts of law.

Criminal Action That Can Prevent You From Becoming A Naturalized American Citizen

Aggravated Felonies

A Gavel & Law Book

A criminal conviction after November 29, 1990 for what is defined as an aggravated felony is a permanent bar to becoming a naturalized American citizen. Under the Immigration and Naturalization Law some crimes under State and other federal laws would be considered misdemeanors are considered aggravated felonies for naturalization purposes. Examples of crimes that are considered aggravated felonies are crimes involving theft, where an individual is sentenced to one year in jail, drug trafficking and various other crimes. Some crimes which are not aggravated felonies also may prevent you from becoming a naturalized American citizen. The law involving becoming a naturalized American citizen requires that you provide documentation that for a period of five (5) years you have shown a good moral character. In some instances spouses of United States citizens only have to prove they have had a good character for three (3) years.

Crimes Involving Moral Turpitude

There is a category of crimes involving moral turpitude that can be a bar to becoming a naturalized American citizen. Examples of these types of crimes are drug offenses, multiple gambling offenses, crimes where a judge has sentenced you to five (5) years imprisonment or more and any crime for which you have been confined to a prison for a period of six (6) months. A list of other crimes which are considered crimes of moral turpitude involve sexual offenses, robbery, receiving stolen goods, prostitution, counterfeiting, larceny, murder, burglary, writing bad checks, blackmail, bribery, rape and prostitution.

Citizens Application From Being Deported

If you apply to become a naturalized American citizen and you have been convicted of a crime involving more than five (5) years imprisonment or under certain circumstances three (3) years imprisonment, you can as a result of applying to become a naturalized American citizen be deported for your criminal act. Your case can be referred to an immigration Court for deportation action.

Attorney Elliot S. SchlisselElliot S. Schlissel and his associates are criminal lawyers who are not only experienced in representing clients with regard to criminal problems but are knowledgeable with regard to the immigration impact criminal convictions can have.

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