Unlawful video surveillance (upskirt) in a subway train (Manhattan)

2011

Our client, a medical researcher, was riding in a busy subway train when he took out his cell phone and began filming the private / intimate parts of a female passenger. This was noticed and after he was reported to the police, he was arrested, his cellphone was seized, and he admitted it to the police. Due to the circumstances of client’s career and immigration status, he was terrified that any conviction could lead to the loss of his career and status in the US. Client also faced up to 4 years in prison. After going over client’s life story, we realized he had made critical contributions to society and we also realized our excellent track record negotiating with Client’s prosecutor. After reviewing the police report and talking to the prosecutor, we were able to negotiate an outcome that avoided a criminal record completely. Client would plead guilty only to a violation, complete counseling, and no jail or probation. No immigration consequences based on the deal we got.