Practice Areas and Legal Definitions

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Assault and Battery:
Assault and battery is the combination of two crimes: assault (the threat of violence) and battery (actual physical violence). The main distinction between the two offenses is the existence or nonexistence of touching and/or contact. While contact is an essential element of battery, there must be an absence of contact for assault. If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.

Burglary and Robbery:
Burglary is defined as the unlawful entering of a building with intent to commit a felony or to steal valuable property.  Robbery is also a specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property.  A common example of a robbery is a convenience store holdup, wherein a robber threatens to shoot a cashier unless the cashier hands over money.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Prior to his admission to the bar, Mr. Harold R. Newman was a New York City Police Officer and the Treasurer of the New York City Housing Police Benevolent Association. Mr. Newman made over 300 arrests in his police career, has received 18 commendations and medals, and served as a Project Community Officer for the largest Housing Development in the Unites States.

Admitted to the New York Bar in 1998, Mr. Newman served as an Assistant District Attorney in Kings County. He was assigned to the Crimes Against Children Bureau, specializing in prosecuting cases involving the sexual abuse of children under the age of 12. He has authored and argued appeals in the Appellate Division of the State of New York.

After leaving the District Attorney’s Office, Mr. Newman returned to the New York City Police Department, in the rank of Police Officer, where he assumed the role as Chief Litigator for the Police Department’s Legal Bureau, Subpoena Litigation Unit.  As the Chief Litigator, Mr. Newman was responsible for the formulation and implementation of all Department policies and procedures relating to subpoenaed materials. Mr. Newman litigated in the New York State Supreme Court, mainly focusing on the discoverability of Police Officers’ personnel files.

Upon his retirement from the New York City Police Department, Mr. Newman joined the boutique firm of Warren & Warren where he represented the Catholic Archdiocese Foster care Agencies in their abuse, neglect, termination of parental rights and adoptions. During this period of time, Mr. Newman freed, after trial, more than 50 children from abusive, neglectful homes, so that they could be adopted into loving, nurturing homes.

Upon leaving Warren & Warren, Mr. Newman was a founding and managing partner in Hoerter & Newman. Hoerter & Newman handled cases involving Criminal Defense, Matrimonial, Child Custody, Child Support, Adoptions, Estates, Personal Injury, Civil Rights Actions, Commercial and Residential Real Estate transactions, Civil Service Law, Labor and Employment Law, Representation of Municipal Labor Unions and Municipal Labor Unions Trust Funds. He was successful in defending clients charged with felonies and misdemeanors in both State and Federal Courts and enjoyed a relationship beyond the mere attorney-client relationship with many of his clients.

Upon the dissolution of Hoerter and Newman, Mr. Newman joined the prestigious criminal firm of the Law Offices of Thomas F. Liotti as Senior Trial Counsel. Mr. Newman triumphantly handled criminal and family matters in New York State Supreme Court, Appellate Division, and Federal District Courts.

In 2005, Mr. Newman relocated his family to Phoenix, Arizona. Since admission to the Arizona Bar, he has been focusing his practice in criminal and family matters as well as complex commercial litigation. In 2008, Mr. Newman was entered into the Cambridge Who’s Who. Mr. Newman has also been awarded the Republican Congressional Gold Medal and is a USA certified hockey coach.

• Jurisdictions Attorney is Licensed in: AZ and NY
• Date Admitted to the Bar: 1997
• Colleges Attended, Degree & Year Graduated: St John’s University Law School, J.D., 1997
• Professional Memberships & Achievements: Who’s Who of Attorneys, Maricopa Bar Association, Fraternal Order of Police, Congressional Gold Medal Recipient, 10-13 Association, USA Hockey certified coach.