This week, the New York Court of Appeals ruled that looking at child pornography online does not amount to criminal possession or procurement of the pictures. Instead, in order to amount to possession or procurement, an individual must take an action in regards to the pictures, such as printing, saving or downloading.

The ruling was in response to a case involving a former college professor whose computer was found to contain pornographic images of a child. The images were found during a virus scan the professor requested because his computer was running slowly. The professor appealed his sentence.

The Court of Appeals upheld his conviction, finding that he was properly convicted because he had downloaded, saved, and deleted over 100 images. However, some images that were on his computer could not be held against him under law, because they were simply automatically stored from sites he had viewed in the past in his Internet cache. The Court found the prosecution failed to prove the professor even knew about the cache feature. The professor claimed that the images were for a potential research project on child pornography regulation.

In making the ruling, the judges agreed that child pornography is despicable, but they did not agree that it was necessary to criminalize all child pornography to the maximum extent possible. The court agreed that the criminalization of pornography is for the Legislature to decide, not the courts.

There’s no doubt that child sex crimes are horrendous. However, in many cases the defendant is not guilty of the behavior of which he or she is accused. Child witnesses are often unreliable, and the prosecution may be eager to severely punish the defendant because of public sentiment. If you’ve been accused of a sex crime in the New York area, contact New York criminal defense attorney Fred Sosinsky at 212-285-2270 today.

Currently, there’s an ongoing debate in legal circles about whether the federal sentences for convicted child pornographers are too severe. By the end of 2012, the U.S. Sentencing Commission is planning to release a report that will most likely propose changes to sentencing guidelines for child pornographers.

In the past few decades, Congress has repeatedly moved to toughen penalties for those involved with child pornography. However, in recent years sentences have become so severe that an individual found to possess and distribute child pornography in many cases will go to prison for longer than a person who rapes or molests a child. A recent survey of judges found that 70 percent of them thought the proposed sentence ranges for child pornography crimes were too high.

Many child pornography-related crimes carry a mandatory sentence of five years, and on top of that there are additional penalties, known as enhancements. Enhancements are based on many factors, including how old the children in the pornography are and whether a computer was used in the crime. The median sentence for child pornography is seven years.

However, members of Congress will most likely not wish to vote against more lenient penalties, for fear of being accused of protecting child pornographers. Experts say a better approach is to revise the sentencing guidelines with the aim of helping the courts do a better job of distinguishing among different types of offenders. All parties involved in the debate do agree on one thing – the penalties should be very severe for those who produce and promote child pornography, as opposed to those who receive and possess it.

Regardless of how the sentences for child pornographers are applied in future years, one thing is clear – no one wants to be convicted of child pornography-related crimes. Child pornography carries such an incredible stigma that a person’s life could be destroyed by one such charge. If you have been falsely accused of a child pornography crime in New York, contact New York defense attorney Frederick Sosinsky at 212-285-2270 today.

If you believe you are about to be arrested, preparation is important. First, hire a good criminal attorney. Prepare your family for the possibility of your arrest. Make emergency plans for your children, and if you have any special medical conditions, plan for those as well. Memorize the numbers of your family members and your attorney. If you have enough time, make lists of information your family would need to know if they weren’t able to reach you for a period of time.

Once you are arrested, don’t resist the arrest. Even if you aren’t guilty of the crime, or the arrest is done in an unfair manner, resisting will not make the situation better. In fact, it will make it much worse. Upon arrest, don’t answer any questions. Tell the arresting officer you want to remain silent and you want to see your attorney. If you can’t afford an attorney, they should provide you with a free attorney. Don’t speak to the police, sign anything they offer you, or make any decisions without your attorney.

If you aren’t a United States citizen and you are arrested, there are special things you need to keep in mind. First, don’t discuss your citizenship or your immigration status with anyone except your attorney. If an immigration agent comes to see you, don’t answer any questions or sign anything without an attorney. Be sure to ask your attorney about the effect of a conviction on your immigration status, and keep that in mind before making any decisions. Finally, make sure to read everything in full. If you can’t understand, tell the police officer you need an interpreter.

If you are in the New York City area and you are worried about a pending arrest, or you have been arrested, contact Fred Sosinsky, New York criminal defense attorney. He has significant experience in defending against a variety of both state and federal crimes. Call him today at 212-285-2270.

This week, New York’s Attorney General announced a new plan, the first of its kind in the U.S., that would delete the accounts of more than 3,500 convicted sex offenders from popular video systems like Xbox and Playstation. According to the Attorney General, such laws are necessary to protect children from online predators.

Under New York law, sex offenders are required to register email addresses, screen names and other Internet information with the state. It’s illegal for sex offenders to set up accounts with a false identity. The information is then provided to some companies who delete the accounts of those sex offenders. Thus far, Apple, Blizzard Entertainment, Disney Interactive Media Group, Electronic Arts, Microsoft, Sony and Warner Brothers have all agreed to remove sex offenders from their systems. These measures are in response to an incident that occurred earlier this year in New York -  a 19 year old man lured a boy he met through an Xbox to his house, where he abused the boy.

Although truly dangerous sexual predators do not need to have contact with children, and society should be notified of their crimes, many people convicted of sexual offenses are not any danger to children or society in general. Those people may find themselves on a sex offenders list, which can have an extremely negative impact on their lives, their careers, and their freedom for decades. Therefore, it’s important that if you have been accused of a sexual offense, you should hire a very skilled attorney who can successfully defend you against those charges.

If you are facing sexual criminal charges in New York City, contact Fred Sosinsky, New York criminal defense attorney. He will work hard on your behalf to craft a successful defense. Call him today at 212-285-2270.

My firm handles a wide variety of criminal defense cases in the metropolitan New York city area, including both federal and state crimes. I have represented clients on charges ranging in severity from shoplifting to murder. I have been handling criminal cases for over two decades, and I have gained a wide range of experience in all aspects of criminal law cases in New York. Some of my criminal experience includes:

• Federal Crimes. There are a wide variety of federal charges that New Yorkers may face. These include many types of white collar crimes, such as various types of fraud, money laundering, and insider trading. Many federal charges are computer related, such as sending spam emails, phishing, or fraud in connection with computers. Also, many drug charges are federal charges.

• Violent Crimes. I have successfully represented my clients on a whole range of violent crimes. Some of the charges from which my firm defends clients includes murder, manslaughter, assault, kidnapping, custodial interference and gang-related crimes.

• Drug Crimes.  I have defended hundreds of individuals against drug-related charges. Those include charges in both federal and state courts. Drug related crimes I have worked on include possession of drugs, sale of drugs, criminal solicitation or facilitation related to drugs, and money laundering.

• Sex Crimes.  Some sex crimes in New York for which you could be charged include rape, prostitution-related offenses, statutory rape, child porn-related offenses, and more.

• White Collar Crimes.  White collar crimes could include forgery, larceny, embezzlement, fraud, bribery and more.

If you are facing criminal charges in the New York area, you should hire the best attorney possible as early in the case as possible. Having a criminal record can negatively impact the rest of your life. Call Fred Sosinsky, New York criminal defense attorney at 212-285-2270 to learn more about protecting your legal rights.

Yesterday, New York became the first state in the country that will require anyone convicted of a felony or a penal law misdemeanor to provide a DNA sample for the state’s DNA database. This new law will result in 48 percent of criminal offenders in New York being required to submit a DNA sample.

The law will go into effect October 12, and will apply to even petty crimes like shoplifting. There is an exemption in the law for individuals convicted of possession of a small amount of marijuana. Both individuals convicted of the crimes after a trial and those who plead guilty will be required to comply with the new law.

Since 1996, New York’s DNA database has helped exonerate 27 New Yorkers who were wrongfully convicted of crimes, and has been used to help obtain 2,900 convictions. However, many civil rights groups think the law is unfair, arguing that it won’t have much of an impact on public safety, but will increase the likelihood for inefficiency and abuse in the DNA testing process. Critics also believe there should be an exception for all nonviolent offenses besides the possession of marijuana.

Because of the new law, many more people will be added to the DNA database in New York. If you are convicted of a minor offense in New York, your DNA will be added to the state database. Therefore, it’s important to avoid a conviction if you do not wish for your DNA to be available to law enforcement for an indefinite period of time. If you are accused of a crime in the New York City area, contact Frederick L. Sosinsky, New York criminal law attorney, at 212-285-2270. He will work hard to protect your rights.

New York drug charges can have extremely serious consequences for your life. Some of the punishments for drug offenses include prison time, fines, court-ordered rehab, the loss of professional licenses, and more.

If you have been charged with a New York drug crime, such as possession of cocaine or methamphetamine, manufacture of methamphetamine or cocaine, or sales of narcotics, you need to hire a very skilled attorney. It is best to hire an attorney who focuses solely on criminal law, rather than a general practitioner who dabbles in criminal law on the side.

You should also consider an attorney’s reputation. If you have worked with other attorneys, call them to ask for recommendations for a criminal attorney. Ask friends or family members for recommendations. You could also look at websites that provide reviews from clients to see what former clients think of their experiences with that attorney.

Criminal attorneys also need significant experience in drug offenses. A criminal defense attorney may have years of experience in white collar crimes or violent crimes, but has never handled a drug crime before. It’s best to locate an attorney with a significant amount of experience defending against drug charges.

Once you’ve gotten a few names, check out the websites of the attorneys. Do their websites show a lot of up to date knowledge and experience with drug charges? Consider calling the attorneys to see if they would consult with you before you choose an attorney. Do you feel comfortable with the attorneys? Do they inspire confidence? Do your personalities mesh well together?

If you are searching for a New York drug crimes attorney, contact Fred Sosinsky. He’s a dedicated New York criminal defense attorney who will work hard on your case. Call him today at 212-285-2270.

Many minor cases, or misdemeanors, such as shoplifting, trespassing, prostitution, minor drug offenses, and others begin with a ticket being issued, and the individual being released, rather than being taken to jail. On the ticket, you are given a date, time and courthouse in which to appear. If you don’t appear, a warrant could be issued for your arrest.

When you are at the court, you should be given the chance to speak with a public defender, who is offered free of charge. However, the attorney will have many people to speak with in court, and will not be able to analyze your case at length or discuss any defenses you might have in depth. The attorney will probably only spend a few minutes with you at the initial meeting. In fact, the attorney may attempt to convince you to plead guilty in order to lessen his or her workload. Although this may not sound like a big deal, sometimes these “minor” crimes can have major consequences to your life.

If you have been charged with a misdemeanor, it is worth your time and money to contact an experienced criminal defense attorney who will take the time to listen to the circumstances of your arrest and who will help you craft a defense to the crime. If you are in the New York City area, contact Frederick L. Sosinsky, New York criminal law attorney, at 212-285-2270. He will help you fight the criminal charges pending against you.

Your loved one is probably extremely anxious to get released from jail. Being arrested can be a very traumatic experience, especially for someone who has never been arrested before.

The way to get someone out of jail depends on your circumstances. In some cases, the bail can be set for a very low amount. In that case, you could pay cash to get your loved one released. As long as your loved one appears at all of the required court appearances, you can get all of your cash back at the end of the case.

In many cases, however, people aren’t able to pay the full amount of the bail, which can be tens of thousands of dollars or more. In that situation, you can use a bail bondsman, who will post your bail for you. When you hire a bondsman, you are telling the bonding company that your loved one will appear in court. The bond company then insures the court that your loved one will appear. If he or she does not, the bond company will have to pay the full amount of the bail to the court. During that time, the bond company will look for the missing defendant and will arrest him or her if they find them, in order to force him or her to appear in court.

If you use a bail bondsman, you will pay a premium, which is non-refundable, in order for the bondsman to post the bail for you. There are many bondsmen who are available 24 hours a day so that you can bail out your loved one as soon as possible.

If you or a loved one has been charged with a crime in the New York metropolitan area, contact Frederick L. Sosinsky, New York criminal defense attorney, at 212-285-2270. He has decades of experience in criminal defense and will work hard to make sure you’re given the best defense possible.

Police are, of course, allowed to pull you over if you are breaking a traffic law, such as speeding, driving with a broken taillight, or running a stop sign. They may have a hidden motive for pulling you over, but as long as they have some reasonable legitimate reason for believing you were violating a traffic law, you can be legally pulled over.

Once you are pulled over, police can seize anything that is in plain view. Therefore, if you have marijuana lying in the back seat, or an illegal weapon, the police can take it. If the police have probable cause to believe you’ve committed a crime, they can then arrest you. For example, the police may see an open alcohol container in the back seat and hear you slur your words, and arrest you for driving while intoxicated. Once you’re arrested, the police can perform a thorough search of your entire car and your belongings, and anything they seize can be admitted into evidence against you.

As part of the traffic stop, the police can also make you and your passengers get out of the vehicle. If the police suspect they might be in danger, they can also do a quick pat down. You can also be required to show a valid driver’s license, registration and proof of insurance. If you find yourself in this situation, it is to your best advantage to be cooperative. You don’t have to answer questions the police ask you, however.

If you’ve been pulled over and charged with a crime, contact New York criminal defense attorney Fred Sosinsky at 212-285-2270. His decades of criminal law experience make him a valuable advocate on your behalf.