In essence, the NYPD works for the people since every single New Yorker collectively pays a tax to employ their services, but just because they work for the people, doesn’t mean the people won’t have to deal with some unpleasantness. There are some individuals who don’t respect every law or are willing to bend the law from time to time. Sometimes, there is some ill-intent and sometimes there is not.
If you ever happen to be in trouble with the law, it is important that you do not incriminate yourself and that you know your rights. The following will help you understand how to go about protecting yourself using these rights.
Getting arrested is definitely a jarring experience. The weight of the law crashes on you in the blink of an eye. You aren’t sure what might happen next or if there is anything you can say to escape this arrest. What you want to do is relax, and avoid talking. You don’t want to talk yourself out of what is happening because without proper counsel, you’ll probably end up digging yourself deeper into trouble.
Ask for your attorney. Provide the officer with your name, date of birth, and other important personal information but nothing else. Do not share anything about the criminal act at this time.
Some folks are sometimes arrested by undercover agents or police officers. If you ever suspect that you are in the presence of a police officer who is undercover, keep in mind that an undercover police officer is not allowed to remove his or her underwear. This is a sign telling you that you might be dealing with a law officer.
Sometimes, these officers do go further, and if they do, it is important that you save as much evidence as possible from this violation. Remember tattoos, birthmarks, scars, or other features that prove that the law officer took things too far.
What About Lap Dances
It is important to point out what is okay and what isn’t okay regarding lap dances. This particular service is quite popular and common, so knowing the law can protect you. For the most part, lap dances are acceptable, but there are some limitations, like how the person giving the lap dance cannot rub the genitals excessively because that would be considered prostitution.
Furthermore, if the lap dance leads to anything else other than the dance or if it leads to exposure, then the law would consider that a violation and may want to press charges against those involved. It should be pointed out that there are some cases where the law decided that being paid for an autoerotic dance where you allow someone to touch your breast or buttocks is okay. Still, the judge will likely examine the case to make sure it wasn’t sexual misconduct, even it seems innocent enough.
What you have to recognize is that this kind of behavior is a little risky, which is part of the reason why one must exercise absolute attention to detail.
House of Prostitution
A house of prostitution is clearly an illegal house. If you are caught managing this type of establishment, then you are definitely going to be arrested. Now, the severity of the crime is going to depend on the prostitutes’ ages. Keep in mind that the crime’s severity rises if you were prostituting 19 year olds or younger. Do not think that not knowing the ages of the prostitutes is a defense because the law won’t see it that way.
Unlike managing a house of prostitution, if you are merely patronizing a prostitute, then you can say that you did not know the prostitute’s age. If you can prove that you didn’t have any grounds for believing the prostitute was younger than the age presented to you, then you might have a defense. There are varying degrees of charges here, like the 1st, 2nd, and the 3rd Degree.
One thing you must always remember is that you don’t have to allow the police officer to search your vehicle if you are arrested. Now, no one is saying you should forcefully stop the police officer from searching your vehicle, but if they do, then they are compromising their own investigation. Your lawyer is going to obtain a Mapp Hearing that is where the lawyer challenges the way items from your vehicle were obtained. In most cases, a warrant is required if anyone is going to be searching your vehicle.
If you are arrested by an undercover police officer, your lawyer may use the Wade Hearing in your favor. This is a hearing that challenges the validity of your identification.
Working the Talk
No matter how much you prepare, you might make the mistake of talking to the officer. If you do talk, then the lawyer is going to obtain the Huntley Hearing. This gives your attorney a chance to challenge what you said and deem it inadmissible.
It is important to note that the information here is not meant to be used to avoid prosecution. What you have here is information meant to help you learn how to behave so that you don’t get yourself into trouble. Your specific case has to be reviewed by a professional if you are in trouble.
Go ahead and give us a call, or visit our website so that you can learn more about how to proceed.