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If a man whose father is one of the top litigators in the United

States gets arrested for a...
If a man whose father is one of the top litigators in the United States gets arrested for a sex crime, what kinds of "favors" can he expect with regard to how his case his handled. Will he still have to spend time in a holding cell if he has never been convicted of a crime before (assume he is being arrested for the felony sex crime of unlawful surveillance) - to what extend will his father realistically be able to "call in favors?"
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Answered in 7 minutes by:
7/4/2013
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and concern. The defendant should not be given any special treatment or be allowed to call in any favors, just because he is a top litigator. He is charged with a serious sex crime and it will be at the sole discretion of the Judge, if he will be held without bail or be give give a bond and be able to be released, with any additional terms and conditions, such a home confinement and electronic monitoring. The Judge will consider that fact that he has no priors and then determined if he is a flight risk or danger to the community. As far as the criminal justice process, he will be afforded legal counsel and the burden is on the State of New York to prove the charges beyond a reasonable doubt. It is possible that if a plea bargain is worked out, that the prosecutor may be more lenient but the plea can not be so unreasonable that it is unjust and it must be approved by the Judge. The defendant has a right to go to trial and at that point, it will be up to the Jury to decide, so it is unlikely he will get any favorable treatment by them. The Judge needs to follow the law when it involved court matters or else there would be a legal basis to appeal the rulings by the State, which no Judge wants to have to deal. Even if the charge was amended, there needs to be a legal basis to support it. This should not be a defendant who commits any awful crime and just walks away with a fine and slap on the wrist.

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CrimDefense
CrimDefense, CriminalDefenseAtty
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Customer reply replied 4 years ago

Thank you for your excellent, thorough response. It was greatly appreciated. My more specific question is - - what measures can he expect to be afforded / can he avoid holding cell time if arrested for a felony sex crime by the District Attorney's office?

He is going to be held in a cell until he goes before a Judge, to determine if bail will be set and the conditions of his release. He is charged with a felony sex crime, so he will not just be able to be charged and released. As I mentioned above, just because he is a top litigator does not give him special treatment with the Judge. He committed a crime and needs to go through the legal process. The advantage which he and his defense counsel have may be their ability to understand, apply and argue the law in his favor but a Judge is not just going to acknowledge what a good attorney he is and release him.
CrimDefense
CrimDefense, CriminalDefenseAtty
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Experience: 10+ years defending Misdemeanor and Felony cases.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
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Customer reply replied 4 years ago

If the man is arrested, can he be charged not only for the sex crime violation of penal code 250.45, but also added to his list of charges false reporting to police? I am confused between the lines of self-incrimination, and where material omission mitigates self-incrimination. If he reported only one of the women of aggravated harassment because he was most afraid of her, but all his other victims were sending him similar texts of distress and anger - arguably the one charged sent angry texts FAR LESS threatening than the other two women - where does culpability fall on him to have only reported one woman while being aware that two other women were doing the same thing?


 


I do not believe any of the victims should ever have been charged - make no mistake there. They are all innocent. I am trying to ascertain with regard to his charges at what point is his selective reporting to the police considered - if it is at all, a criminal act?

Good afternoon. I am not exactly clear on your follow up question. If you can clarify it for me, I would be happy to respond.
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