Last Updated on: 17th October 2023, 10:57 pm

Brooklyn Unlawful Surveillance Lawyers

Getting charged with unlawful surveillance in Brooklyn can be scary. You may be worrying about possible jail time, fines, or having a criminal record. But with the right lawyer on your side, you can get through this.

In this article, we’ll break down what unlawful surveillance charges mean, common defenses, and how an experienced Brooklyn lawyer can help. We’ll also talk about specific laws and cases that could impact your situation.

What is Unlawful Surveillance?

Unlawful surveillance laws in New York make it illegal to record or view someone without their permission in a private space. This includes:

• Taking photos up a woman’s skirt
• Putting a hidden camera in a changing room or bathroom
• Recording private conversations without consent
• Hacking into someone’s email or social media

There are a few different unlawful surveillance charges in New York:

• Unlawful Surveillance 2nd Degree – When you intentionally view or record someone without their consent. This is a class E felony.
• Unlawful Surveillance 3rd Degree – When you accidentally view or record someone without their consent. This is a class A misdemeanor.

Penalties if convicted include jail time, probation, fines, and having a permanent criminal record. But an experienced lawyer can often get charges reduced or dismissed.

Common Defenses

Here are some of the most common defenses against unlawful surveillance charges:

• You had consent – If the person you recorded knew about it and agreed, then it was lawful. For example, if you recorded a conversation with your spouse and they consented.
• There was no expectation of privacy – If the recording happened somewhere public, like on a sidewalk or in a park, there may not have been a reasonable expectation of privacy.
• The recording was unintentional – For example, if your phone was in your pocket and accidentally started recording without you knowing.
• The evidence was obtained illegally – If police improperly searched your home or devices without a warrant, the evidence could get thrown out.

An experienced lawyer will evaluate all the facts in your case to build the strongest defense.

Laws and Cases That Could Impact Your Situation

There are a few specific laws and legal precedents that could help your case for unlawful surveillance charges in Brooklyn:

New York Penal Code 250.45 – Unlawful Surveillance 2nd Degree

This law defines unlawful surveillance in the 2nd degree, which is a felony charge with heavier penalties. But the law has exceptions that your lawyer could use, like if you had a reasonable expectation of privacy or the surveillance was a legal security system .

New York Penal Code 250.50 – Unlawful Surveillance 3rd Degree

This law defines the misdemeanor charge of unlawful surveillance in the 3rd degree. The main difference from 2nd degree is that 3rd degree is for unintentional, accidental viewing or recording. Your lawyer could argue you didn’t mean to record anything unlawful .

People v. Schreier

This 2010 case set a precedent that police need a warrant to search a cell phone, even after an arrest. This helps protect your 4th Amendment rights against unreasonable searches. If police searched your phone without a warrant, evidence could get thrown out .

Katz v. United States

This 1967 Supreme Court case established the “reasonable expectation of privacy” standard. It helps determine if surveillance is lawful based on whether the subject had a reasonable expectation of privacy. This could apply to your case if the surveillance occurred in a private place .

How a Brooklyn Lawyer Can Defend You

The right lawyer can make all the difference in getting unlawful surveillance charges reduced or dismissed. Here’s how an experienced Brooklyn attorney can help:

• Evaluate the evidence and build the strongest defense
• Negotiate with the prosecutor for lesser charges or dismissal
• Suppress evidence that was obtained illegally
• Present expert testimony on surveillance technology
• Argue there was consent or no expectation of privacy
• Advise you on plea bargains and your best options

An unlawful surveillance conviction can have severe consequences that follow you for life. But the legal system has protections for your rights. Don’t go through this alone when experienced counsel can fight for you.

Finding the Right Lawyer

If you or a loved one is facing unlawful surveillance charges in Brooklyn, it’s important to find an attorney who specializes in these types of cases. Here are some tips:

• Look for a lawyer with extensive experience defending unlawful surveillance charges in Brooklyn specifically.
• Find someone who is familiar with surveillance technology and privacy laws.
• Ask about their track record getting charges reduced or dismissed.
• Meet with them in person to discuss your case details.
• Make sure you feel comfortable and confident in their skills.
• Be wary of lawyers making unrealistic promises – a good lawyer will be honest about possible outcomes.

Don’t take chances with your future. The right surveillance lawyer can make all the difference.

The Bottom Line

Getting hit with unlawful surveillance charges can be scary and overwhelming. But with an experienced Brooklyn lawyer in your corner, you can protect your rights and future. There are strong defenses against these allegations. An attorney well-versed in surveillance laws can often get charges reduced or dismissed. Don’t go through this alone. Help is out there.

Sources

New York Penal Code 250.45
New York Penal Code 250.50
People v. Schreier
Katz v. United States