NY Criminal Justice System Lawyers
Facing criminal charges in the state of New York can be a life-altering event. Even a misdemeanor charge can result in up to one year in jail following a conviction. Added to this possibility is the fact that prosecutors throughout the state are serious about curtailing crime in any manner available, including pushing for significant incarceration as part of any sentencing deal. All courts have set local policy for standard convictions, and there is no specific rule that requires court systems to recommend state minimums when prosecuting any case, regardless of the level of charge. The extent of potential punishment can actually vary among the courts throughout the state criminal justice system, but all prosecutors are focused on conviction results as though they are an entitlement. The government officials still must prove their claim beyond a reasonable doubt, but the deck is clearly stacked against any defendants being prosecuted within the criminal justice system. And this is exactly why it is always vital to have a experienced and aggressive criminal defense attorney defending a case who is very familiar with the overall court system and how court officials can be influenced.
How a NY criminal Justice System Lawyer Can Impact a Case
The statues that law enforcement officials have at their disposal to charge individuals with crimes is vast. Even seemingly minor legal issues can become serious problems for those accused, and especially those who are wrongly accused. The zeal of law enforcement officers when making an arrest has been well documented in the past ten years, with the problem currently escalating to brutality in some locations. While many defendants in the system will have an appointed lawyer with little incentive to actually investigate a case for validity and proper evidence acquisition, a private criminal justice system lawyer who understands all aspects of building a case can conduct an independent inquiry while building a case for maximum reasonable doubt regarding the evidence. A detail driven criminal defense attorney can question all officers and witnesses in any case and request evidence suppression for elements of the case that are not legally applicable. Court officials must still adhere to the rule of law in the discharge of duty, but this rarely becomes an issue without solid legal representation. And, in cases where there is a strong defense, going to trial is a definite possibility with a private criminal defense lawyer who understands when a prosecutor has overestimated the seriousness of a particular alleged crime.
Why Defending any criminal Charge is Important
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(212) 300-5196New York state legislators have made a point to make the state legal code expansive and stern regarding criminal punishments. Not only are there massive statutes that can be used in prosecution for even low-level crime, but the penalties can be very harsh as well. The judges in state criminal justice system have significant latitude when deciding the final outcome of a case, including being acceptable to any plea agreement that can be negotiated to settle a criminal case. criminal convictions for even a misdemeanor can result in future denial of lucrative substantial employment or public housing for many years, and individuals convicted of drug crimes could be denied certain government benefits as well even when the case is prosecuted as a misdemeanor. In addition, ll felony convictions will establish a lifetime criminal record that can result in considerable jail time and large fines that cannot be expunged rom the record.
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Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You were arrested after a bar altercation in Manhattan and charged with assault in the third degree, a Class A misdemeanor under New York Penal Law § 120.00. The prosecutor is offering a plea deal that includes 90 days in jail and three years of probation, but you believe the other person started the fight.
Should I accept this plea deal or fight the charges at trial, and what are my realistic options within the New York criminal justice system?
Before accepting any plea offer, we need to thoroughly investigate your justification defense under New York Penal Law § 35.15, which allows the use of reasonable physical force when you reasonably believe it is necessary to defend yourself. In New York, the prosecution bears the burden of disproving a justification defense beyond a reasonable doubt once it is raised, which is a significant advantage for defendants with credible self-defense claims. We would also explore whether an adjournment in contemplation of dismissal (ACD) under CPL § 170.55 might be available, which would result in the charges being dismissed entirely after six months or one year. Given that this is a misdemeanor and not a felony, we have several strategic options to either get the charges reduced or dismissed without you serving any jail time.
This is general information only. Contact us for advice specific to your situation.
The personal damage that can result from any criminal conviction is so extensive that retaining an experienced NY criminal justice system lawyer is not just an investment in freedom. It becomes an investment in the future as well, which is an investment that can also affect the lives of an entire family. Although court prosecutors can appear intimidating from the very beginning, it is still important to never accept criminal charges as though they cannot be defended. Standing up for yourself means standing up against the court, and it is always best to get an experienced NY criminal justice system lawyer like the legal professionals at Federal Lawyers who have an outstanding record of solid results for their clients. The lawyer you choose can matter greatly. Call Federal Lawyers for solid legal representation.
