MITIGATION EXPERT RICK LUCIANI REDUCES FELONY CHARGES TO MISDEMEANOR

ACP Defender JULY 5, 2019
NEWSLETTER

CONGRATULATIONS TODD SMITH AND RICK LUCIANI, CLIENT STAYED OUT OF JAIL AND AVOIDED THE REGISTRY

“Parents Against Predators Nationwide," are part of a burgeoning online vigilant group where members pose as underage girls on the messaging app Kik and lure an individual to a spot allegedly promising some sort of sexual encounter. The group then videotapes the target at the meeting location and chastises them, live streams the encounter on FB and forwards the information to law enforcement.

These vigilantes have targeted individuals in CNY this past year. Police in Syracuse brought charges against one of the men targeted by this group and that man became Defender Todd Smith’s client. This client was charged with Attempted Dissemination of Indecent Material to a Minor, a felony.

Todd immediately brought mitigation expert Rick Luciani onboard and they worked hard. Despite the online conversations and videotape of their client, they were able to overcome, through substantive legal arguments and strong mitigation, a reduction of the felony to attempted Endangering the Welfare of a Child, a class B misdemeanor and a sentence of 1-year probation. No jail and no registry based on the hard work and dedication of Todd Smith and Rick Luciani. Excellent result under extraordinarily difficult circumstances. Bravo.

Richard Luciani — New York Sentencing & Parole Advocacy — rluciani@twcny.rr.com — 315-243-9211