Being criminally accused of child abuse or child endangerment can be particularly frightening. Allegations of these types of charges alone hit at the heart of your identity—as a parent, caretaker, or even just a trusted adult. When it comes to child-victim crimes, the system often moves faster than fairness allows—removing children from homes, issuing restraining orders, and initiating criminal investigations before facts are even verified.

At the Criminal Defense Office of Ricky Shah, we take a comprehensive, fact-driven approach to your defense. We approach every case with urgency, discretion, and strategy. Our role is to guide you through the legal process, protect your constitutional rights, and fight the case against you from every angle possible.Generally, this involves the following steps:

• Case Evaluation: We begin by thoroughly reviewing the arrest, evidence, and statements involved. Typically, this involved reaching out directly to the prosecutor assigned to your case to understand their position on your matter, what initial charging/sentencing recommendations they have, and what evidence is currently in their possession. We will be aggressive, persistent, and professional with your assigned prosecutor.

• Investigation: Once we’re in possession of the evidence sought to be used against you in Court, we analyze the evidence and evaluate our defense from the perspective of the prosecution. We’ll interview witnesses, review surveillance footage and digital communication, and consult with forensic experts if needed.

• Suppression of Unlawful Evidence: If evidence was gathered illegally or if your rights were violated during arrest, we fight to have it suppressed in court. Some examples of previously successful criminal defenses include.

  • Lack of probable cause: If the arresting officer didn't have a valid reason (probable cause) to stop, search, or arrest, we can challenge the validity of arrest, possibly leading to dismissal of your charges.

  • Insufficient evidence: The prosecution must prove each element of the charges beyond a reasonable doubt. If the evidence is too weak, unreliable, or missing key elements, the case may be dismissed by the judge or dropped by the prosecutor.

  • Constitutional violations: The United States Constitution affords everyone in the criminal justice system certain rights that may never be compromised. If a person’s rights were violated, even innocently, any evidence tangentially related to the violation could be suppressed, leading to higher likelihood of dismissal or reduction of charges. Examples of such violations include:

    • Illegal search or seizure of property. The rules and requirements of when, where, and how the police may search you, your belongings, your residence, or vehicle and retrieve inculpatory evidence is a massive and complex body of law, and it takes an experienced and knowledgable criminal defense attorney to be able to navigate it. The police cannot just search you for whatever reason they feel like. If your rights were violated in this respect, the prosecution will not be able to use any illegally obtained evidence against you, which could lead to suppression of key evidence - which oftentimes can result in a dismissal.

    • Improper interrogation. Similarly, there is a complex body of law regarding when a police officer can speak to you, where they can speak to you, and under what conditions they can speak to you. If you were illegally “interrogated,” any statements you made to the police can be suppressed, and nothing you said to the police can be used against you in Court.

  • Procedural errors

    • Cases can also be dismissed if there are technical or procedural mistakes made by the police or the prosecution at any point in your case. Examples include:

      • Speedy Trial Violations (CPL § 30.30). Prosecutors have a certain amount of time to state their readiness to proceed to trial. If they are unable to proceed to trial within the statutorily required timeframe, you case can be dismissed.

      • Discovery Violations: Pursuant to CPL §245, prosecutors are required to turn over all evidence tangentially related to your case within a statutorily required timeframe, and may not state readiness for trial until they’ve done so. Competent defense attorney’s are experts in leveraging these types of procedural requirements to ensure your rights are protected.

      • Defective Accusatory Instrument: In New York criminal court, the complaint, information, or indictment must meet strict standards. If it's facially insufficient (lacking facts or clarity), it can be dismissed under CPL § 170.30(1)(a). Competent defense attorney’s are experts in understanding the nuances of these standards.

• Motion Practice and Trial Preparation: At a certain point in your proceedings, we will argue our legal defense in written notices to the court, known as motions. The prosecution will generally always respond with their own motion, and a judge will eventually render a decision.This is a critical point in your case pendency, and cases can often be won at this stage outright. Sometimes, judges require the defense and the prosecution to orally argue their legal positions in Court, and then render their decision based on those oral arguments. These are known as hearings, and are typically the final step before a case goes to trial if your case is not dismissed on a legal or procedural defect. Of course, we will always be prepared to take your case to trial in front of a judge and jury,

Understanding the Accusations: What You Might Be Facing

Child Abuse Charges in NYC

In New York, child abuse allegations can stem from a variety of claims:

• Physical violence

• Sexual misconduct

• Emotional or verbal cruelty

• Neglect or abandonment
  

What many people don’t realize is that even a suspected act—without concrete evidence—can lead to an arrest. Our job as child abuse attorneys NYC is to ensure the justice system doesn’t turn a blind eye to the truth.

Child Endangerment Charges in NYC

Child endangerment is even broader. These charges can be filed for exposing a child to potential harm—even if no injury occurred. That might include:

• Leaving a child unattended in a car
  

• Driving under the influence with a child in the vehicle
  

• Letting a child witness adult conflict or drug use
  

• Providing unsafe living conditions
  

These are serious claims that carry long-term consequences. With our experienced child endangerment lawyers NYC, we fight to demonstrate context, intent, and the truth behind what really happened.