It is of the utmost importance to hire an experienced and aggressive attorney
if you even think you may be charged with a sexual crime.
In many instances,
with the right strategy and preparation it is possible to prevent an arrest and
the publicity that comes along with that. In some instances it is possible to prevent
you from ever being charged.
The mere accusation
of a sexual crime is devastating and can have life-long effects, including loss
of employment, alienation from friends and family, and being “convicted”
by the public before the facts are even fully known. Even worse, being charged with
a sexual offense can expose you to lengthy prison sentences, decades of supervision,
and lifetime sex-offender registration. The sex offender database includes information
regarding your name, age, weight, height, eye color, skin color and distinguishing
marks like tattoos and scars. Your photo may appear next to your address and your
conviction. Failure to register could mean additional charges are placed against
you and you could be forced to serve jail or prison time.To learn more about the
severe effects of sex offender registration, visit: http://www.criminaljustice.ny.gov/nsor/
Some common sexual
charges we defend:
of child pornography to the actual production of child porn, you are at risk for
a very aggressive prosecution because the offense is both a state and federal crime.
The federal government will often take cases involving high-profile defendants,
cases with numerous images or defendants with prior convictions, but they can legally
take any child pornography case and impose sentences of up to 20 years. These
cases are generally divided into two categories:
Possession: This is defined as the possession of images of a minor
younger than 16 who is either engaging in sexual activity or what is defined as
lewd exhibition. There are many different types of materials that fall under this
law, including photographs, books, and movies.
Promoting: The second law deals with the promotion of illegal material,
either by transmitting it online, selling it, offering it, trading it, or otherwise
making it available. Most commonly, this promotion is done through email, the use
of online bulletin boards, and other online venues.
Defending these types
of cases takes experience, creativity and the technical expertise to break apart
the prosecution's investigation. Many of these cases involve peer-to-peer file sharing
networks where material can be mistakenly downloaded or be embedded within other
files being downloaded and can be later traced to an IP address, an address and
sometimes a specific computer and individual.
At Nobles & DeCarolis,
we know how law enforcement develops and prosecutes the cases and where the flaws
and weak links can hide, such as a faulty search warrant application, open internet
connections, failing to put the defendant at the keyboard and other cracks that
can break open a case.
Child molestation cases carry with them
all of the same consequences and stigmas as the child pornography cases mentioned
above. One of the key skills needed in these types of cases is the ability to effectively
expose holes in the prosecution's case and leverage those holes for a reduction
of the charges or possibly a dismissal. When that is not possible, you need an attorney
who can effectively cross-examine a child witness, which is very specialized skill
that requires delicacy as well as fast thinking on your feet. Both Mr. Nobles
and Mr. Decarolis have experience handling these types of cross-examinations.
a variety of acts: stranger rape, date rape,consensual sex with someone under 17,
or consensual sex with someone who is mentally impaired (with permanent mental defects
or impaired by drugs or alcohol). Rape cases are factually and scientifically complex
and require very astute counsel. All rape charges are felonies. At Nobles &
DeCarolis, we have successfully handled numerous rape cases resulting in dismissals
in the grand jury, acquittals at trial and reductions to non-sex offense charges
which all prevent the requirement of sex offender registration.
If you think you may be charged with any type
of sexual crime, it is in your best interest to contact Nobles & DeCarolis
as quickly as possible.
Call us at (585) 546-1260 for a free confidential