How Do I Defend My Child Against Making School Threats? 

Threats against schools or other educational institutions are treated very seriously in New York. Even so, some children may test the waters by joking around about bringing weapons or harming other kids at the school. If your child made threats at school, they may face criminal charges even if they didn’t mean anything by it or if it was said in jest. Here’s how you can help defend your child against charges of school threats. 

Your Child Was Unaware That What Was Said Was Of a Threatening Nature   

One possible defense against school threats is that your child was not aware that what they said was of a threatening nature. This is often a good defense in cases where the alleged threat was vague and the child did not mention any specific action, method, or weapon. They may have said something that they perceived as innocuous that someone else perceived as a threat. 

It Was Not Your Child Who Made the Threats  

Another potential defense is that it was not your child who made the threats. Perhaps your child took the blame for another child who was their friend so their friend wouldn’t get in trouble. Or, your child may have been falsely accused by the real perpetrator. In this case, witness statements can be extremely important. Another child or teacher who witnessed a different child make the threat may be able to testify that it was them and not your child. 

Explore Taking a Plea Deal 

In some situations, it may be best to discuss taking a plea deal instead of defending your child in front of a jury. This is often the case if you have multiple witness statements placing your child as the perpetrator of the threats or if your child was caught on camera or recorded making the threats. A plea deal may allow the court to reduce your child’s sentence, often keeping them out of juvenile detention and offering them more rehabilitation opportunities where applicable.  

Call a New York Juvenile Criminal Defense Lawyer 

If your child has been accused of making threats against the school or against individuals within the school, it’s important that you act quickly to protect their rights. Scott Cerbin is a veteran New York juvenile criminal defense lawyer that can provide you with the comprehensive legal support needed during such a difficult time. Call now at 718-596-1829. 

Social Media And Your Criminal Case: What You Need To Know

Social media is as widespread as it has ever been, and it may potentially even be used against you in court if you’ve been arrested for a crime. Here’s what you need to know about how social platforms like Twitter, Facebook, TikTok, and Instagram may affect your criminal case and how to seek aid from a skilled New York criminal attorney. 

It Could Ruin Your Alibi 

Prosecutors assigned to your case will undoubtedly scrutinize your public posts and may potentially even be able to review private posts. They’ll look particularly at any posts made just before and after the alleged crime. These might be used to invalidate your alibi if any information in your social media posts contradicts it.

Let’s imagine you have a witness alibi claiming you were at a gas station at a given time when the supposed crime occurred. But say you made a social media post from a friend’s house in the same neighborhood where the alleged crime took place. This could be used to void your alibi and possibly even incriminate you.

There May Be Photographic Evidence Against You 

The prosecution will also examine your photographs for evidence linking you to the alleged offense. If you are the lead suspect in a homicide investigation, for example, detectives may search your posts and photos for evidence that you possessed the murder weapon or a specific, unique item found at the crime scene. 

Other Users Might Reveal Sensitive Information 

Other users’ remarks on your social media posts may likewise be a source of worry. For example, if anyone else is accused of the same alleged offense as you talked with you on a social platform, this information might be utilized to establish a relationship between you two.

Another example might be if someone with inside information about the case uploads damning images or textual content on your social media pages. Unfortunately, these might be used to infer that you had inside information too and were somehow connected to the crime.

How to Secure Your Social Media During a Criminal Defense Case 

You should follow the advice of an experienced New York criminal defense attorney in regard to social media and your case. Scott Cerbin is a seasoned defense lawyer that can help advocate for your rights and interests in a court of law. Call today for a consultation by dialing 718-596-1829.

Can a Police Officer Do a Pat-Down During a New York Traffic Stop?

If a police officer stops your vehicle, they may ask to pat you down, even if it’s only for a minor traffic infraction such as a broken taillight or failure to yield. The officer claims the pat-down is for their own protection. In this case, what are your legal options? Here’s what a New York appellate court decided. 

U.S. Pat-Down Search Laws 

A warrant is normally required for a police officer to search your house. However, a law enforcement officer can conduct a search of your person or vehicle without a permit in some scenarios. Usually, this is only if the officer has a reason to suspect that a person presents a risk to the deputy’s safety. More often than not, reasonable suspicion in cases like these amounts to the behavior of the driver.

A New York Appellate Court Weighs In 

Robert Santy, Jr. was stopped for a driving violation in People v. Robert Santy, Jr. Robert was partially undressed and his demeanor was “flat.” The officer deemed this behavior non-compliant and erratic and then conducted a pat-down check of Robert’s body. At this time, the officer found illegal substances.

According to a New York appellate court, the pat-down violated the suspect’s constitutional rights. It was determined that being partially undressed and seeming “flat” were insufficient probable cause for a pat-down. The illegal substances were suppressed from evidence and the conviction overturned. 

Tips for Handling an Officer’s Request for a Pat-Down

You have the legal right to deny permission to a search of your person or vehicle at any time. If a police officer searches without your permission, you should state on record that you are refusing the search. 

However, the most crucial piece of advice is to be courteous. Even if you’re upset or believe the law enforcement officer is being unjust or inappropriate, be cordial. If you act out, the police can use your behavior as reasonable suspicion to pat you down and/or search your vehicle.

Call a New York Criminal Defense Attorney Now 

If you were arrested and the police patted you down and found evidence against you, you may be able to have this omitted from court if the officers had no probable cause to conduct a pat-down. Contact Scott Cerbin Criminal Defense today for a consultation by calling 718-596-1829. 

A false confession is an acknowledgment of guilt for a criminal offense that was not committed by the accused. Although it may seem paradoxical, such admissions can be given freely, for example to protect someone else, or via coercive interrogation tactics.

False confessions are distinct from forced confessions, which are obtained via the use of cruelty or the fear of bodily harm. Here’s what you should know about false confessions, what to do if the police coerced you, and how a Brooklyn criminal defense attorney can help.

Types of False Confessions

False confessions can be classified into three categories under criminal law: voluntary false confessions, cooperative false confessions, and coerced false confessions. A psychological illness that distorts a suspect’s perception of reality is the most common cause of voluntary false confessions.

When a person admits to a crime because they want to terminate a stressful or unpleasant questioning, this is known as a cooperative false confession. When the police cause an accused individual to mistrust their own recollection, a persuaded or coerced false confession occurs. Even if they have no remembrance of the crime, they come to assume they were involved.

Why Would Someone Admit to a Crime They Didn’t Commit?

There are multiple motivations for confessing to a crime a person didn’t commit. For example, someone may be trying to take the heat for the individual who actually was involved in the offense. Or, the police may have led them to believe that if they confessed, their punishment would be less severe. In cases of suspects who are mentally ill, they may believe they will become famous if they admit to committing the crime.

How a Brooklyn Criminal Defense Attorney Can Help

A Brooklyn criminal defense lawyer can help you by preventing the police from coercing your confession or using harsh interrogation tactics if hired early enough during the criminal defense process. They can also introduce evidence that the police forced or otherwise convinced you to make a confession, or that you have a mental condition that prevents you from fully understanding reality. An attorney truly is your best asset when facing criminal prosecution.

Contact New York criminal defense lawyer Scott Cerbin today for a consultation to discuss the specifics of your case by calling 718-596-1829. Our legal team is available now to provide you with the compassionate and aggressive assistance needed to protect your rights under the law.

Learn about the 6 different ways criminal offenses are categorized in New York and how to get legal help when you’ve been arrested for a crime. 

1. Violent Crimes 

Violent crimes are criminal offenses against people and sometimes animals. The most common violent crimes are murder, manslaughter, rape, kidnapping, gang violence, child endangerment, robbery, and other types of sexual assault. These offenses generally carry the harshest penalties, with defendants often facing multiple years in prison, large fines, probation, and more. 

2. White Collar Crimes 

White collar crime is generally considered nonviolent and includes criminal charges like money laundering, extortion, illegal gambling, contraband smuggling, drug or human trafficking, and the production, distribution, or sale of counterfeit goods. Often, white collar crime involves multiple people and takes place internationally. However, some white collar criminals may also act alone. 

3. Organized Crime 

Organized crime is somewhat similar to white collar crime in that many white collar crimes are organized and many organized crimes are considered white collar. However, the two are not mutually inclusive and organized crime may involve businesses, corporations, C-suite executives, politicians, and other high-profile individuals to achieve a common, illegal, goal. 

4. Computer Crimes 

Computer crimes are technologically advanced criminal offenses that often fall within the categories of white collar crimes and/or organized crime. The most common computer crimes in New York include identity theft, data breaches, hacking, wire transfer fraud, credit card theft, and other crimes that can be committed using computer or internet technology. 

5. Public Order Crimes 

Crimes of public order are offenses that are considered to interrupt or go against societal norms. These may or may not endanger another person. Public order crimes can include solicitation, prostitution, disorderly conduct, public intoxication, possession of drugs, minor in possession of alcohol, and pornography (not involving a minor). 

6. Property Crimes 

Property offenses are typically nonviolent in nature and do not involve or cause harm to other people. For example, property crimes may include but aren’t limited to defacing public property, vandalism, possession of stolen property, arson (if the building isn’t occupied by people), property theft, grand theft auto, breaking and entering, etc. 

Protect Your Rights With the Help of a Criminal Defense Lawyer Now 

Don’t hesitate to get in touch with a seasoned criminal defense attorney in New York. Call Scott Cerbin today for your consultation at 718-596-1829.

What Does “Objection!” Mean In Criminal Court?

You may be familiar with the phrase “Objection, your honor!” from television or movies, even if you’ve never personally been to court.  What exactly does it mean when a prosecutor or criminal defense lawyer objects, and how does it affect your case? 

Read on to find out.  

“Objection” Defined 

In a criminal trial, an objection is how attorneys let the judge know that the other party’s evidence, testimony, or inquiry, should be withheld from the court. An attorney can object to evidence of any kind as long as the objection meets the evidence standards of the applicable state or territory. 

“Objection Sustained”  

A judge must make a decision on whether they agree or disagree with the attorney who objected and if the other party should proceed. Judges typically inquire as to why the attorney objected; however, if the cause for the objection is evident and they agree, the judge may not.

When a judge says that an objection is “sustained,” it means the judge sides with the lawyer who raised the objection and does not want the inquiry or evidence presentation to continue. The party bringing forward evidence or questioning a witness must stop and redirect. 

“Objection Overruled” 

When a judge states that an objection has been “overruled,” it indicates the judge does not concur with the lawyer who objected to the opposing party’s facts or inquiry. 

A judge will typically listen to a lawyer’s argument for opposing before deciding whether or not to overrule the objection.  If the judge does overrule it, the introduction of evidence or line of questioning by the other party will be allowed to proceed. 

Get Legal Support in New York Following an Arrest by Contacting an Experienced Criminal Defense Attorney  

If you were arrested for any kind of crime, it’s important that you understand the legal processes you will go through as you navigate the New York criminal justice system. Beyond knowing what “objection,” “sustained,” and “overruled” mean, you need to know how to approach your case on all fronts for the best chances of receiving a favorable verdict. 

It’s crucial that you reach out for professional legal help if you’ve been charged with a criminal offense. Contact Scott Cerbin Criminal Defense today to book your initial consultation and begin strategizing your defense for the best possible outcome. Call now at 718-596-1829. 

Serving Brooklyn and surrounding areas. 

People who have been found guilty may be sentenced to probation. There are two types of probation: supervised and unsupervised. Here are the specifics of unsupervised probation, including what to anticipate and how to get the legal support you need after being charged with a crime.

Unsupervised Probation Defined 

Unsupervised probation does not involve random or consistent interactions with a court-appointed probation officer, therefore it’s often thought to be less harsh than other versions of probation. Furthermore, this kind of probation  also does not require an officer to conduct searches of a person’s property or their place of business, nor does it force the individual to report for curfew.

While it allows for more freedom, there are still strict requirements that must be followed. What these guidelines are vary depending on the details of each individual’s case, however, the goal is that they allow individuals to return to normal activities like work or school after an arrest. 

What Are the Conditions of This Type of Probation?

The restrictions on unsupervised visitation can include:

• Mandatory community volunteering 
• Counseling for drug and alcohol abuse
• Restitution and/or court fines 
• Other penalties at the judge’s discretion 

Despite the fact that these restrictions are less severe than those placed on people who only qualify for supervised probation, they can be challenging. A criminal defense attorney can assist you in negotiating the conditions of your unsupervised probation with the judge presiding over your case in order to achieve more favorable terms.

Eligibility for Unsupervised Probation 

It’s up to a judge to decide who is eligible for supervised or unsupervised probation. Individuals the court deems are unlikely to commit crimes in the future may be offered probation. Convicted criminals with a history of violent or repeat violations may not be eligible for either type of probation.

How Can a New York Criminal Defense Lawyer Help You? 

Were you charged with a crime and are potentially eligible for supervised or unsupervised probation? A criminal defense attorney can represent you against criminal accusations during trial as well as petition for the reduction of your penalties if a jury unfortunately finds you guilty.

Don’t hesitate to get the legal representation and support you need during this difficult time. Contact New York criminal defense lawyer Scott Cerbin today to schedule your consultation by calling 718-596-1829.

It’s a common misconception that if a person didn’t commit an actual crime, they can’t be considered legally responsible for any part of it. However, you could be charged with conspiring to commit the crime, and proving your innocence can be tough. You’ll need strong evidence that illustrates how you were uninvolved in the incident. Here’s how to seek legal support if you’ve been accused of assisting a person who was breaking the law.

Find Out How You’ll Be Treated as a Criminal Accomplice Under the Law 

In legal terminology, directly committing a crime means that you are the “principal” of the act. Anyone that helps is considered a conspirator, co-conspirator, or accomplice. Often, accomplices are considered just as criminally responsible as the principal of the offense and may face the same charges. If someone died or was seriously hurt in the commission of the crime, this is even more likely.

Understand What the Prosecution Will Be Bringing Forward to Prove Their Argument 

Prosecutors are responsible for bringing forward evidence to prove you aided the principal and it’s important to understand how they plan on meeting that burden of proof. Certain elements will need to be proven by prosecutors to successfully convict you of criminal conspiracies, such as: 

• Your behavior was indeed criminal under the law 
• Your identity was not misjudged or mistaken; it was you that acted as an accomplice
• You had full knowledge of your actions being illegal, or you reasonably should have been expected to know 

You should take the initiative to gather as much evidence as you can that directly challenges the evidence that prosecuting attorneys are attempting to use against you. If you weren’t with the person who committed the crime, you may have proof like a receipt or the testimony of a friend who can say you were with them. 

Another potential option is to specifically show how you would not have had knowledge of the crime being committed or any reason to suspect a criminal offense was in progress. 

Don’t Wait to Get Legal Help From an Experienced Defense Lawyer in New York

New York criminal defense attorney Scott Cerbin is an aggressive ally in the courtroom; something anyone charged with being a criminal accomplice needs. When your reputation is on the line and the pressure is mounting, you need someone on your side. Contact Attorney Cerbin today to get more information or to schedule a consult at 718-596-1829. 

Whether or not the attorney who defends you in a criminal case needs to know the whole truth really depends on your unique circumstances. Here’s what you should understand about talking to your attorney. 

Your Lawyer May Want Only Minimal Details 

You are allowed to tell your criminal defense lawyer anything you want without being at risk of penalty because you have the protection of attorney-client privilege. Despite this, your attorney may want to avoid the risk of potentially being culpable in your case if they know certain details. This is a good question to ask during your consultation. 

Or, Your Lawyer May Ask You to Be Direct  

It’s not uncommon for criminal defense attorneys to want to have as much information and evidence as possible before they go to trial so they aren’t blindsided or put on the spot by new evidence brought forward by prosecutors. 

If your lawyer requests that you leave nothing off the table, go ahead and give them a full recount of your version of events. You can even admit guilt without consequences if your lawyer has let you know that you have the freedom to be candid; just be sure you’ve been given the green light first. 

What You Should Know About Your Defense Lawyer’s Responsibilities and Constraints   

Although you’re protected by attorney-client privilege, your lawyer has certain responsibilities and constraints. If you admit to them you’re guilty, they cannot allow you to take the stand and offer a different version of events. This is lying under oath, also called perjury. Similarly, your lawyer can’t offer up false evidence. That said, these standards cannot apply to attorneys who genuinely do not know if their client is or isn’t guilty. 

If your attorney knows you’re guilty, they may still think it’s a good option to defend your case in court. This usually occurs in cases where the defendant’s argument is largely based on law enforcement misconduct and rights violations versus whether or not you committed the crime you’re accused of. 

How to Get Aggressive Legal Defense In Your Criminal Case 

Scott Cerbin is an experienced New York criminal defense attorney that has the expertise and skill to provide you with a zealous legal defense. 

Contact our office today to book your consultation at 718-596-1829 to learn more about how to protect your rights, reputation, and future after being arrested and charged with a criminal offense.

Not all crimes are considered equal under the law and each has different penalties that can be imposed to deter someone convicted of the crime from committing it or another crime again. Jail is not always the best way to do this and in many cases, New York is using what is known as alternative sentencing to help rehabilitate convicted criminals instead of strictly penalizing them. 

Here’s what you need to understand about alternative sentencing and when it may be available to you. 

What Alternative Sentences May Be Available?

There are several types of alternative sentences that can be imposed on a defendant. Sometimes, New York judges will be creative and impose multiple alternative sentences or a new sentence that is designed to specifically fit the crime. 

Alternative sentencing may include one or more of the following: 

• Probation. If you are sentenced to probation, you will be allowed back into the community under certain restrictions. You’ll need to meet with a probation officer regularly and fulfill any and all criteria mandated by your specific probation orders. 
• Service to the community. Some low-level crimes are assigned community service instead of jail time, or it may be added to another alternative sentence.  
• Restitution. You may be ordered to pay money to the victim of your crime. 
• Fines. You may be ordered to pay money to the court. 
• Suspended sentencing. A judge may decide to suspend your sentence either unconditionally, meaning you do not have to do anything more, or conditionally, meaning there are certain stipulations you must meet. If you do not meet these stipulations, the suspension of your sentencing may be lifted. 
• Deferred adjudication. Deferred adjudication works similarly to suspended sentencing and probation in that you’ll need to prove to the court you are capable of acting as a law-abiding citizen. The court will monitor your progress and may pursue adjudication if you do not meet the criteria set forth for your sentencing. 

How a Skilled Defense Attorney Can Assist You  

Scott Cerbin is an experienced New York criminal defense lawyer that has the skill and expertise to provide you with a comprehensive legal defense from the start of your case to sentencing. 

Call our office today for your initial consultation at 718-596-1829 to learn more about alternative sentencing or how to increase your chances of receiving an alternative sentence instead of being ordered to go to a county jail or state prison.