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Public Knowledge Of A Criminal Arrest In New York

Interviewer: When someone gets arrested, how public is their situation going to be? Will their work and family and friends find out?

Glen Malia: Well, you know what? The answer is generally no. In small towns lots of times, you have this small town newspaper that run sometimes what's referred to as a police blotter that may list the people that have been arrested by the police, a little bit of information about some of the arrests made, but outside something of that nature, unless someone is looking for it, they're not going to find out. There have been some police agencies, there have been some prosecutor offices, in an effort to try to reduce certain crimes by embarrassing those people that get charged with it, will publicly have a public johns outing, where those people that have been arrested for patronizing a prostitute, we're going to put all their pictures in the newspaper and/or those people arrested for DWI are going to have their pictures in the newspapers. Outside of living in jurisdictions that have something like that, the likelihood of someone finding out about your arrest unless you tell them is really very, very small unless they're looking for it like, for example, they're doing a background search or something of that nature.

A Large Number Of Assault Cases In New York Are Associated With Domestic Violence

Interviewer: Do you work a lot with domestic violence and assault cases?

Glen Malia: Believe it or not, most of the assault cases that come across my desk that I represent are the domestic violence case, the boyfriend/girlfriend, the husband/wife as opposed to just your random assault where someone punches, someone gets into a fight. Most of the assault cases aren't even random that I handle, aren't even random assaults. It may be a case where maybe two students, whether it's college students, high school students, who have a beef with each other and one just beats the crap out of the other without being provoked.

In a Domestic Violence Scenario, it’s Either Assault or a Lower Charge of Harassment that Takes Place

Most of the assault cases are domestic violence, whether it's an actual assault or it's a lesser level of charge, it’s called harassment. That would be where to a certain extent as opposed to the husband punching out the wife, maybe the wife has slapped the husband or something of that nature. The conduct is a little less severe and certainly the result of the conduct is much less severe, so it's charged as a less serious crime as opposed to the misdemeanor assault. It's charged as what's called a harassment, which is an even lower level. It's called a violation.

Sting Operations are Being Conducted By Police To Locate Potential Sex Offenders

Interviewer: Do you work a lot of those cases also, like prosecution cases involving johns? I've heard of stories about where police officers are now going on the internet and posing as prostitutes or escorts.

Glen Malia: Yeah. Actually, what they do on the internet, what the prosecutors and the investigators do on the internet, much of their time on the internet is really more towards trying to catch sexual predators, the underage sexual predators, with that show, To Catch a Predator, that they run on TV. That show, To Catch a Predator that they run on TV is actually very, very realistic in terms of what some of the Prosecutors Office is doing and what the investigating officer is doing, where they're trying to get the people who are interested in the underage individuals. In terms of what they're trying, more my experience, what I've seen more of when they go online, they're trying to not catch johns when it comes to the prostitution. They're trying to catch the people who are running the ads for the escort services. They're trying to stop the escort services. They're trying to stop the prostitutes and they go on line.

Just the Mere Offer of Money to Procure Sexual Favors Constitutes a Solicitation Charge

Every once in a while, more likely, when you're dealing with an undercover thing and you're dealing with prostitution, where they're trying to catch johns, and you see this on TV shows all the time, The Vice Squad, where they'll have women out there as if they're a prostitute and then the guy comes up to them and once the magic words are said and they offer them money for the sex, they arrest the guy, because that's when the crime has been committed. Just the mere offer of money for sex constitutes the crime. That's more of the undercover stuff. It's more on the street than on the internet when they're trying to catch johns.

Malia Law, LLC located in Cortlandt Manor, NY represents Landlords/Tenants throughout Westchester County, Putnam County and Southern Dutchess County, NY.



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