The Poughkeepsie Journal has reported that a former detective with the Beacon Police Department has been reconvicted after a second trial for falsely reporting a crime in 2012. According to the article, the former detective had been engaged in an affair with one of the police department’s confidential informants that the detective worked with. According to the prosecution, the former detective was hiding in the informant’s bedroom closet wearing only his underwear when the informant’s boyfriend arrived at the informant’s apartment and found the hidden almost-naked detective.
An altercation soon followed, during which prosecutors say that the former detective drew his weapon and pointed it at the informant’s boyfriend. At this point, the former detective used a false name when he called 911 emergency services to report that a burglary was in progress, presumably being committed by the informant’s boyfriend. Police later determined that no burglary had taken place, and that the detective had made the phone call to cover up the fact that he had been found in a compromising position with the informant. Making a false police report is a misdemeanor crime that carries potentially severe consequences.
Originally, the former detective was convicted and sentenced to six months in jail. In 2013, he spent only 12 days of his sentence behind bars, pending an appeal of his conviction. The judge ordered a stay of his sentence during the appeals process, which basically suspends the remaining part of the sentence until the questions raised on appeal are decided. The judge allowed this because the appeals process can often be very lengthy, and it was believed that the former detective would have actually completed his entire sentence prior to the appeals process allowing his appeal to be heard.
In the appeal, the defense argued that the former detective had been convicted of an improper charge under the circumstances surrounding the case. Eventually, the appeal led to a new trial to decide whether or not the original conviction had been proper. During the new trial, a jury again convicted the former detective. The Dutchess County judge presiding over the trial highlighted the fact that the former detective had now been convicted twice for a crime that damaged the reputation of the police department he once worked for. The new sentence handed down after the second conviction includes 60 days in jail and three years of subsequent probation. Prosecutors had argued for a longer sentence, but the judge believed that a lengthier sentence was not appropriate in this instance and that the community would be better served by the former detective’s community service in lieu of a longer prison sentence.
Defending Against Criminal Charges
If you have been charged with a criminal offense, either violent or other, it is important that you work with an experienced criminal defense attorney. Securing your attorney as early as possible allows your attorney to create the best defense available to you under the circumstances surrounding your charges. Even if you have committed a crime, you still have rights that must be protected. A criminal defense attorney can investigate the circumstances of your charges and ensure that your rights are protected throughout the legal process. If you are facing criminal charges, contact Nave + Associates (formerly Anelli Nave)’s criminal defense team to schedule a consultation. Nave + Associates (formerly Anelli Nave) has helped numerous clients facing criminal charges, and can work with you, too. A consultation will help you understand the charges you are facing as well as the legal process involved and possible consequences that you could be facing.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave + Associates (formerly Anelli Nave) are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.