At first glance, child marriage laws and border phone searches may seem like two very different issues. However, criminal defense attorney Saul Bienenfeld suggests they highlight a shared concern: our legal system may contain gaps that can potentially expose ordinary people to risk.
Recently, a Homeland Security Investigations (HSI) agent testified under oath in federal court about what happens when border agents seek access to a traveler’s phone. The exchange was simple – but revealing:
- “Generally speaking, does the person have to provide the passcode in response to your request or your colleague’s request?”
A.“No. Absolutely not. It’s their decision.” - “Under agency guidance or training, do you threaten the passenger to get his or her passcode or password in such a circumstance?”
A. “No. Never. - “If the person is unwilling to provide a passcode or password, what do you do then?”
A. “I mean, that’s their choice. Kind of move on… there are many scenarios that can play out from that, but move on… that’s within their rights to do so.”
This exchange suggests that the next time a border agent requests your phone passcode, you are within your rights to politely decline.
And yet, Saul points out, many individuals may inadvertently feel pressured to comply.
“People tend to feel anxious in these situations because they are unfamiliar with the rules,” Bienenfeld explained. “Handing over a passcode can expose far more than just your contacts. If you are ever stopped, it’s important to know that you can say no.”
The Bigger Picture: A Lawyer’s Fight Against Legal Loopholes
Bienenfeld has spent more than three decades in the courtroom – initially as a prosecutor in New York’s Special Narcotics Bureau and now as a criminal defense attorney in both New York and Florida. His work has made him an outspoken voice on topics most lawyers might avoid: sex crimes, consent, child marriage, and the rights many individuals might not even know they still possess.
On a recent podcast, Bienenfeld pointed out a troubling contradiction in U.S. law: child marriage.
“In certain states,” he stated, “the very same conduct that would otherwise be considered illegal one day may be permitted the next, depending on the marriage license.” If we are truly concerned about protecting minors, we need to reconsider whether marriage certificates should act as a loophole to protect adult offenders.
It is this very issue that mirrors his advocacy on border rights; laws that are intended to protect the public may sometimes end up sending problematic messages.
Why It Matters
For Bienenfeld, the fight extends beyond individual defense cases. His mission is to educate the public, so they are not caught off guard by the legal system.
At the border, it’s about knowing that you have the option to decline providing your phone passcode.
In intimate relationships, it’s understanding that true consent requires an active “yes,” rather than a non-verbal cue like a smile or silence.
In marriage laws, it’s about exposing the risks posed by legal loopholes that allow minors to marry under certain conditions.
“The system can overwhelm people because many enter it without understanding how it works,” he says. “My goal is to help them navigate it by providing honest insight, even when the truth is uncomfortable.”
Whether you’re crossing an international border, navigating questions of consent, or questioning how child marriage remains legal in some states, the message remains clear: know your rights, or you may find yourself at a disadvantage.
As Bienenfeld puts it: “Justice doesn’t always happen automatically. You have to advocate for it.”
For more resources and to hear Saul break down real cases and hidden legal risks, visit: https://linktree.bienenfeld.it.com
If You Need Him
Saul Bienenfeld practices criminal defense in New York State and Florida.
Contact: (212) 363-7701
www.bienenfeldlaw.com
Frequently Asked Questions
Q: Is Saul Bienenfeld a former prosecutor?
A: Yes. Saul began his career as an Assistant District Attorney for New York City’s Special Narcotics Bureau. He maintained a strong conviction rate during that time and now uses his prosecutorial experience to defend clients facing serious criminal charges.
Q: What types of cases does Saul Bienenfeld handle?
A: Saul focuses primarily on high-stakes criminal defense, including sex crimes (which make up a large portion of his caseload), complex federal charges, white-collar crimes, select violent felonies, and DWI/DUI cases. He personally manages each case; clients are not handed off to junior staff.
Q: Where does Saul Bienenfeld practice law?
A: He represents clients throughout New York City, Nassau County, Florida, and surrounding areas, in both state and federal courts.
Q: What should I do if I’m arrested or questioned by the police?
A: Saul’s advice is simple: say as little as possible and call him immediately. Talking without a lawyer present can damage your defense later on. Silence can often be your protection until you have legal guidance.
Q: Does Saul offer free consultations?
A: Yes. If you’ve been accused of a crime or believe you may be under investigation, you can call Saul directly at (212) 363-7701 to discuss your situation in confidence.
Q: How quickly can Saul take my case?
A: Criminal cases move fast. Saul acts immediately to understand the government’s evidence, identify weaknesses in the case, and protect your rights. Early involvement can make a significant difference.
Q: Does Saul guarantee an outcome?
A: No. Saul does not make guarantees or oversimplify the situation. What he does promise is clear, honest advice and an aggressive defense built for the possible result.
Q: How can I contact Saul Bienenfeld?
A: You can reach him directly by phone at (212) 363-7701 or through his website. Saul answers his calls personally whenever possible.
Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice, create an attorney-client relationship, or guarantee any outcome. Legal situations vary widely, and you should consult an attorney directly to discuss your specific case.
