Category: Criminal Defense

How To Deal With A Harrasing Spouse Or Ex-Spouse?

by David Badanes | September 11, 2017

If your spouse or ex-spouse is harassing you, here are some things you can do to stop it or limit its effect on you.

In New York, “harassment” is defined in the Penal Law, and it is strictly defined. What most people think is “harassing” may not qualify as “harassment” under the criminal law.

If you believe your spouse or ex-spouse is harassing you or guilty of harassment, you can seek an Order of Protection or call the police. Certainly, if there is any type of physical abuse, physical contact or the threat of physical contact, you should call the police immediately.

If your spouse/ex-spouse’s action do not qualify as criminal “harassment”, you still may be able to stop or at least limit his/her actions.

If the harassing actions are too many phone calls or too many text messages, then you may need to counteract then with the following actions.

Too many phone calls: You can change your phone number and not give it to your spouse or ex-spouse. If you have children and your spouse/ex-spouse needs to contact you about the children, there are some programs out there that can help. One program is called “Family Wizard”, but, there are other similar programs.

Too many text messages: Same as too many phone calls, get a new cell phone number.

Coming to your residence: Unless there is a bona fide reason for your spouse/ex-spouse to be at your residence, you should call the police and document that he/she is at your residence. If this behavior continues, you may be able to get an Order of Protection which will order your spouse/ex-spouse not to come to your residence.

Following you: If your spouse/ex-spouse is following you, then you should call the police.

In all the above situations, you should keep a log (diary) of what your spouse/ex-spouse is doing. If you file for an Order of Protection, then you should be able to submit your log as evidence. If there is a criminal case, then your log may be used as evidence.

David Badanes, Esq. has helped numerous individuals get divorced and in dealing with harassing spouses/ex-spouse. You can contact the Badanes Law Office at 631-239-1702 or send an email to david@dbnylaw.com. The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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How A Criminal Defense Attorney Can Help Lessen Your Sentence From A Judge

by David Badanes | September 7, 2015

lawyersYou have just been arrested and you are considering whether to represent yourself or hire an attorney. Although, you have the right to represent yourself, it is best that you hire an experienced criminal defense attorney. There are several reasons why hiring a criminal defense attorney is the smart move. One of the most important reasons, is that your attorney may be able to significantly lessen your sentence and the actual conviction. For example, if you have been charged with a Felony, an attorney may be able to get that plead down to a misdemeanor or even a violation, similarly, if you have been charged with a Misdemeanor, your attorney may be able to get that plead down to a violation (like a traffic ticket) or even to a conditional discharge, which may mean you have no criminal record at all.

It is important to know that in all criminal cases, you have two general choices: (1) you can take your case to trial or (2) you can “plea bargain” your case. Each choice has its pros and cons and your attorney will discuss the different strategies associated with each choice. However, if you decide to plea bargain your case, your attorney will be able to extract the best deal for you, which means, a lesser sentence. A lesser sentence could mean less jail time, no jail time or a lesser fine.

A seasoned criminal defense attorney is trained to argue the facts and circumstances that will work in your favor when presenting your case to the District Attorney’s office. The attorney will point out the weaknesses in the District Attorney’s case and will also point out why you are a good candidate for a lesser sentence. It is important to know, that the District Attorney’s office generally does not want to negotiate with defendants who represent themselves.

Furthermore, an experienced criminal defense attorney knows the “unwritten rules” that apply in each court. Every court is different and therefore, every potential plea bargain is different. For example, it is widely known that in Nassau County it is more difficult to obtain a plea bargain on a DWI then it is in New York City.

Each plea bargain must be approved by the District Attorney’s office and then the Judge has the ultimate discretion on whether to accept the plea bargain, or not. Your criminal defense attorney will know what each Judge will accept as a “good plea bargain.”

Finally, although a plea bargain will get you a lesser sentence, there will still be certain consequences to pleading guilty to the lesser charge and sentence. An experienced criminal defense attorney can explain the consequences to you. If you represent yourself, the District Attorney’s office is prohibited from giving you legal advice, including, what the consequences of your plea bargain may be.

David Badanes is an experienced criminal defense attorney. If you have been arrested and need aggressive criminal defense representation, Contact the Badanes Law Office today by calling 631-239-170 2, or email at david@dbnylaw.com. The Badanes Law Office is located in Northport and appears in all Suffolk County courts.

Should I Speak To The Police After An Arrest?

by David Badanes | August 24, 2015

policeYou have been arrested. After your arrest, a police office may ask you to “set the record straight”, “tell us your side of the story” or (if you been arrested with other persons), “your friend says it was all your fault, why don’t you tell us what really happened.”

Although, you may believe the police are trying to be helpful, they are not on your side. The police officer’s job is to secure an arrest that is going to stand up in court. The police have been trained and are adept at securing a confession from you. They can even lie and tell you anything to get you to talk. Oftentimes, the police will state “we can’t help you once you get an attorney”, do not believe this. The police are not there to help you. The police officer’s goal is get an arrest and then a conviction. The police want you to speak to them, because, they know that whatever you say will only help them, not help you.

Therefore, you should never speak to the police. The only thing you need to say is: “I want to speak to my attorney” and “I’m invoking my right to remain silent.” That is it, nothing more. No matter what the police say, do not respond, do not answer their questions, simply repeat, “I want to speak to my attorney” and “I’m invoking my right to remain silent.” Let your attorney do the talking.

If you have been arrested, then you need to hire an experienced Criminal Defense Attorney. In Long Island, New York (Suffolk County and Nassau County), David Badanes and the Badanes Law Office will help you case. Contact us today by calling the Badanes Law Office today at 631-239-1702, or email us at david@dbnylaw.com.