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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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A man took sex videos of myself and at least four other women

Customer Question

A man took sex videos of myself and at least four other women in the privacy of our bedrooms using a stealth video camera which he hid. One of the girls discovered the camera. We have been able to report this crime to the chief unit head of sex crimes at the DA's office and it is currently "under investigation." The girls have been called in to provide witness interviews and we learned that the detective involved in the case was also called by the DA's office - we learned that he indeed corroborated the story because all girls did in fact tell the truth. It's now been three weeks. The girls involved are aware that the DA has total prosecution jurisdiction and that sometimes cases with solid evidence are not prosecuted. . . but the girls believe if this much has happened and that the DA has reported back "they are taking this crime seriously as unlawful surveillance in the second degree is a crime in NY penal code 250.45" typically how long does it take for the man to be arrested? The women know it's difficult to answer a hypothetical question, and they are aware that your answer will be a range of time and that what they hope and expect will and should happen may never occur, but given the circumstances, what might be the very best case scenario? The women have absolutely no experience with sex crimes, or the investigative procedure. All videos were discovered, and one of the women was able to procure a confession from him on tape in which she clearly states, "We did not KNOW you were filming, we did not consent" and his answer is a callous, "Big f**king deal." Via text messages and email accusations, he was wily and never admitted to any of this, but the woman feel that the videos, the hidden camera, the audio confession, and the detective stating that he believes a crime has been committed should serve as probable cause for an arrest. The women also know that if and when the DA decides to prosecute, they have to issue a warrant for an arrest. How long does that take / what is the procedure? The women are just trying to get some sense of a range of timing as they feel incredibly violated. They are aware this can always be taken on at the civil level for invasion of privacy, but in the interim are hoping the DA prosecutes on a criminal level. The man is unaware he is being investigated for sex crimes - this is because it is the hope of all involved that if he is unaware, and arrested, he will not take precautions to delete or destroy evidence which might be on his computers at home.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your questions. As you already indicated you understood, there is no way to say with certainty how long it might take the DA to file charges and have an arrest warrant issued. One thing that might slow the process here is if the State believes that this man might have been doing this for a long time and that there might be many more victims. If that is the case, then that might delay the arrest. The first thing that will probably happen is that they will have a search warrant issued so that they can search this person's home, or where the evidence is. So, that they know the scope of what he has done.

But, assuming that they get that evidence and only the women who are currently involved are a part of these actions, then they could issue an arrest warrant for him within a few weeks. But, as I mentioned, if they are investigating a wider scope of activity this could take a few months to get to the point of an arrest. The statute of limitations is actually 5 years. That doesn't mean it would ever take that long to make an arrest, but that is the amount of time the State has to do so.

Once the arrest is made though it could take months to get to trial depending on whether or not the defendant is willing to plead to the crime and if there is a deal in place.

This is a Class E felony and if convicted, he could recieve up to 4 years imprisonment and would have to register as a sexual predator.

Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

Thank you for your detailed response. The statute of limitations for whom is five years - for the state to arrest him? What about the women involved - - does the statute of limitation begin when they brought the case to the DA's office, or did the statute of limitations begin when he charged one of the women criminally for computer tampering in order to access the sex videos he took without her (and the other women involved, whom she did not know at the time)'s consent?

Expert:  Marsha411JD replied 1 year ago.
You're welcome. Yes, for the State to file charges, the SOL is 5 years from the date of the alleged criminal act.
Customer: replied 1 year ago.

But for the women, it is only one year to press civil charges?


 


Also, while the state has five years, how long / cumbersome is the process to attain an arrest warrant from a judge? Assume the DA had solid probable cause to do so - - how long would it take them to get the necessary paperwork in order to make the arrest?

Expert:  Marsha411JD replied 1 year ago.
Yes, but it would be 1 year from the discovery of the tort (the invasion of privacy.)

I believe I addressed that in my initial response, but it could be just a few weeks to an arrest. But more specifically, once the DA decides to move forward, they can get the actual warrant on the same day.
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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