Stock Fraud 24 years in jail
Gun Charges 5 years in jail
Bank Fraud 10 years in jail
Violent Crime 6 years in jail
Burglary 4 years in jail
DUI 4 years in jail
DWI 5 years in jail
Assault 3 years in jail
OVER 30 YEARS OF EXPERIENCE
BEST NYC CRIMINAL ATTORNEY
If you’re accused of a crime, then you need a NYC criminal attorney who is available 24/7 to help. You need a lawyer who believes in you, and treats your case – as if it were his own. We treat each client, like a member of our family – and their case like if it were our own. This combined with our experience, and years of success – is the reason why we’re able to get great outcomes for all criminal defense cases we handle. Unlike other firms, we charge a very reasonable fee, and offer flexible monthly payment plans. Our firm has been ranked highly by organizations like Avvo, and others. Our law firm firmly believes that you deserve the best. As a result, we take on fewer clients – in order to provide better results. We only take on clients who we believe we can help.
Our teams at our three locations, are available to handle your criminal case 24/7. We have numerous attorneys available to handle your case – depending on the complexity, and type of case. Our diverse and vast resources make it possible for us to help you – regardless of how your case is. You have 24/7 access to the criminal attorney assigned to your case. Our lawyers understand how to understand your case, at every step – without the nonsense of other firms. If you are looking for us to represent you, call us – or fill out the form on our website. During your initial consultation with us, you can speak to one of our criminal lawyers – and learn about our firm. Our law firm is frequently interviewed by major news organizations like FOX, NYPOST, FOX BUSINESS, and others. We provide remarkable customer service, and have great results for each and every client.
We handle all types of cases
WHY CHOOSE RAISER & KENNIFF?
FEWER CLIENTS. BETTER SERVICE AND RESULTS.
Our NYC criminal defense law firm takes on less clients than other law firms. We provide concierge service, and results, in order to help you get the legal help you deserve.
Flexible Payment Plans
Our criminal defense law firm offers flexible payment programs. This means you can work with us, without having to worry about how you’ll pay for our services, or anything else.
Over 30 – 5 Star Google Reviews
We are a well known, and respected, criminal defense law firm. We have hundreds of reviews in places like Yelp, Google, Avvo, and many other review websites. In addition, our attorneys have been recognized by websites like National Trial Lawyers association, and others.
We pride ourselves on providing legal representation 24/7, regardless of where you are being held. Our attorneys regularly travel to where our clients are being held, at a moments notice – in order to help them. We have locations all over New York, and are available 24/7.
About Our NYC Criminal Attorneys
We help clients all over New York and Long Island
Our NYC criminal attorneys have over 50 years of combined experience helping clients all over the state of New York, NYC, and Long Island. We have 3 convenient locations, in NYC, Nassau County, and Suffolk County. We have partner attorneys all over the country – who work with us to help clients. Many attorneys refer us clients because they trust in our ability to help clients get the outcomes they – and their family members – need.
We don’t believe in a cookie cutter approach
Our team of NYC criminal attorneys treats each case uniquely. We don’t believe in a cookie-cutter approach to law. We work with our clients to help them understand what they are facing – in order to prepare them for all the possible outcomes. Our #1 objective is to get all charges dismissed, or significantly reduced – so you aren’t impacted. We offer a risk free consultation over the phone, or in person at one of our three locations. Regardless of the complexity of your case – we can help you.
Raiser & Kenniff, is a premier criminal defense law firm based out of NYC. Our criminal defense law firm was founded by two former prosecutors, who understand how deeply a criminal accusation can impact your future. We empathize with what you’re going through – and believe in providing the best possible defense. We have over 50 years of combined experience amongst our team, and have seen virtually every type of case. Over 99% of cases we handle end in a positive outcome for our clients. Your future is important – and protecting it, begins with hiring Raiser & Kenniff.
As former prosecutors, we know how the prosecutor on your case is going to build the case – where his/her weaknesses will be, and how to fight the charges. Our unique experience as prosecutors enables us to handle cases differently, and be able to predict the opposing prosecutors game plan. Everything we do, revolves around getting amazing results for our clients. If you’re accused of a crime, we offer a risk free consultation so you can understand what you’re being accused of doing, what are the possible punishments – and how we think we can help you. Our criminal law offices offers a flexible payment plan, so money is not an issue when trying to hire us. We are passionate about helping anyone, and everyone, accused of a crime. If you are facing jail, we can help – just contact our NYC criminal attorneys today.
IG About Crime
Defending Doctors & Medical Professionals in “Oxy” Prosecutions: Presenting the Real Issues and Attacking the Charges
Another Doctor has been prosecuted for “over-prescribing” Oxycotin and Oxycodine. As Long Island and most of America is told we have a prescription drug problem by the main stream media and the Justice Dept. The truth is we have a pain problem and we hav e a government problem. Most Doctors prosecuted at the start […]
Our Philosophy and Who We Are
Aggressive and Unyielding
As a criminal defense law firm founded by 2 former New York Prosecutors – we are aggressive, and extremely resourceful. We get each client the results he, or she, deserves.
Top Notch Litigators
Our New York criminal attorneys have all been recognized as top rated, by ranking services like Avvo, National Trial Lawyers Organization, SUPER Lawyers, and many others.
We’re Dedicated To You
We are passionate about one thing: helping our clients get the best outcome. We don’t focus on billable hours – like other firms. We only care about providing the best possible solution.
We’re your ally. We’re your guiding hand.
You can trust our NYC criminal lawyers to tell you what to do. We understand you’re relying on us to tell you how your criminal accusation will impact your future. When you work with us, we’ll tell you exactly what to expect, and what to do.
We Are Selective About How Many Clients We Help Each Month
Our law firm is extremely selective about the number of clients we service each month. We take on a select few number of clients. Our goal is to take on fewer clients in order to provide great service to each client. Our objective is to provide impeccable service, and amazing case results. That’s one of main reasons why many of our clients refer us to their friends, and family members – when they need an attorney.
Risk Free Consultation
Our NYC criminal attorneys offer a risk free consultation, in person or over the phone. During the initial consultation, you can ask us anything you’d like. Typically, we answer questions like – what the case is about, what type of punishments might be given – and how you can fight the crime. Typically, that means either looking at how to get the case dismissed, or how we can help plea down the case to a more acceptable situation. We believe that once you take this free consultation, you’ll realize it’s a good idea to work with us. Our criminal defense law firm has numerous locations – we can either meet you at your place of business/home, or you can come to our office. Once you sign up with us, we handle your entire case!
Our team of NYC criminal attorneys has over 50 years of combined experience handling tough, and difficult to win cases. The one unifying factor is the fact we’re won each and every case. We are dedicated to getting results for our clients. Our criminal attorneys are well respected by judges, and other prosecutors alike. Our criminal lawyers are frequently interviewed by the media, and consistently engages in professional development to improve itself. As a firm founded by 2 former New York Prosecutors, we bring an aggressive and unyielding approach to each case we handle.
Frequently Asked Questions
An arrest is made when a police officer either has a warrant signed by a judge or has personally witnessed the suspect committing a crime. Once arrested the suspect will be taken by the police officer to jail to be fingerprinted and photographed. The suspect will be required to answer a series of personal questions and will then be placed in a holding cell. The police must give the suspect an opportunity to make completed phone calls within three hours of the arrest. The suspect will use these calls to contact a criminal defense attorney and to alert friends and family members.
The suspect will be given a court hearing within 48 hours of being placed in custody. The suspect will be allowed to meet with their attorney before the court hearing takes place.
When the suspect is taken into court, the judge will inform the suspect of the crime they are being charged with, and will ask the suspect to enter a plea. The suspect can either tell the judge that they are guilty, not guilty, not guilty by reason of insanity, or that they plead no contest. The suspect should consult their attorney about which plea to enter before the hearing begins.
A guilty plea is an admission of guilt, and the suspect will be responsible for the consequences of the crime. With a plea of no contest, the suspect is not admitting guilt but is also not disputing the facts of the charges brought against them. If the suspect pleads not guilty by reason of insanity, they may be placed under psychiatric supervision. A plea of not guilty will force the prosecutor to prove beyond a reasonable doubt that the suspect committed the crime.
The suspect will be given the opportunity to choose between a bench trial or a jury trial. If the suspect chooses a jury trial they will be tried before a group of their peers, and these peers will determine guilt or innocence. If the suspect chooses a bench trial they will be tried before the judge only, and the judge will decide the outcome. The suspect should consult their attorney to determine which option would be most beneficial.
What happens next depends on the outcome of the trial. If the suspect is found innocent, they will be allowed to go free. If the suspect is found guilty, or if the suspect pleaded guilty or no contest, a sentencing hearing will be held. Before the sentencing takes place, the judge will review the suspect’s past criminal behavior and try to determine whether or not the suspect has any substance abuse issues. The judge will take this information into consideration when deciding a verdict.
At the sentencing hearing the judge may want to hear the opinions of the suspect’s friends and family, or from the victim of the crime. The judge will then declare a verdict based on sentencing requirements and the evidence provided. Depending on the severity of the crime, the sentence could involve jail, a monetary fine or community service.
Throughout the United States, criminal offenses are divided into distinct categories by state criminal systems. Each of these categories is largely defined by the severity of the crime, the amount of jail time it can entail, and the magnitude of any associated fines or other penalties. A crime can be either an administrative infraction, a felony or a misdemeanor. Hiring a New York criminal attorney is essential when situations like this arise.
Felonies, Infractions And Misdemeanors: What’s The Difference?
Felonies are among the most serious of criminal offenses and thus, they entail the most severe punishments. Infractions are usually seen as minor slip-ups and generally result in little more than tickets and fines. Infractions are often traffic violations that result in fees of up to just $100 along with mandatory reimbursement of any related court costs. Misdemeanors, however, fall right in between infractions and felonies. While they aren’t considered to be as serious as felonies like kidnapping, arson, rape, burglary or murder, they can still result in up to one full year in jail and can have a significant and lasting impact on a person’s criminal record.
What Distinguishes Misdemeanors From Felonies?
The most common definition for a misdemeanor is any crime that is punishable by up to one full year in jail. Most commonly, jail time for a misdemeanor will be served in a local county jail rather than in a large, medium to high security prison. Assault, theft and indecent exposure are several examples of common misdemeanors. It is important to note, however, that a crime originally categorized as a misdemeanor may be charged as a felony after a second offense. For instance, a person who has been twice charged with misdemeanor shoplifting could be charged and sentenced for felony shoplifting, if arrested a third-time and if charged with stealing goods that are over a specific value.
Different Classes Of Misdemeanors
In addition to the three, primary classes of criminal offenses, there are also sub-classes within each category. These sub-classes vary state to state. For example, within the state of New York, certain misdemeanors bear the distinction of Class A misdemeanors, which come with a maximum penalty of one full year in jail. In this same state, Class B misdemeanors entail penalties that are not to exceed a total of three months of jail time. How misdemeanors are classified from state to state is largely determined by the impact that the criminal is likely to have on society going forward. This is why many repeat offenders for misdemeanor crimes are often charged as felons.
Among the most common misdemeanor crimes are traffic violations. These can include driving without a license, driving without insurance, speeding or driving while under the influence. Multiple DUI charges that are incurred over time are a very common example of how a misdemeanor crime might become a felony. With these repeat offenders, the potential risks of their criminal activities negatively impacting society increase with each new charge and thus, prosecutors become more likely to seek more severe penalties with each additional offense.
In every state, crimes are placed in one of three categories: infraction, misdemeanor and felony. The crimes are separated by the seriousness of the offense. There is one exception discussed later. An infraction, commonly called a violation, is punishable by fines, not jail time. A defendant found guilty of an infraction is typically ordered to pay a fine. They don’t have a right to a trial by jury or judge. A misdemeanor is more serious than an infraction. Misdemeanor crimes are generally punishable by fine, community service, probation, or restitution. A defendant may also be sentenced to jail for up to one year.
What is a Felony?
A felony offense is the most serious crime in every state. A felony often involves some threat or actual serious physical harm to a victim. However, white collar crimes are generally included as felony crimes. A white collar crime is a crime such as embezzlement where no physical harm was done to the victim. Instead money or some kind of asset was taken. Some fraud schemes are felonies too.
Misdemeanors and felonies are similar because they involve incarceration. They aren’t alike because of the amount of time behind bars. A felony conviction means prison time. A defendant may spend months or years in prison. A person convicted of a misdemeanor will just go to jail unless they have priors. Prior convictions can be elevated to felony charges.
The amount of time in prison and other punishment depends on the crime. Potential criminal punishments include:
• Life in prison with parole
• Life in prison without parole
• Death penalty
Degree and Other Classifications
In many states, a felony crime is broken into separate categories. These categories may be listed in degrees or letters such as Class E assault with a deadly weapon. Both the degree and letter subcategories denote how bad the criminal punish will be, if a person is convicted. For example, first degree burglary may be 30 years in prison where third degree burglary may be five or 10 years in prison. Classes A, B, C, D and F also determine how long a person will spend in prison.
The Wobbler: The One Exception to the Three-Category Crime Rule
In some states, crimes are considered wobblers. A wobbler is any offense that may be prosecuted as a misdemeanor or felony. This also means a felony charge can be downgraded to a misdemeanor charge. Typically, state law gives a judge leeway to punish an individual with a misdemeanor or felony sentence.
Ask an Attorney More about a Felony Crime
A felony crime is the worst crime of the three types of crimes a person can be convicted of committing. A felony may mean that a person’s right to vote is taken away when they’re convicted of this crime. However, just because a person is charged that doesn’t mean they’ll be convicted.
All defendants who are accused of a crime are required by law to have adequate legal representation during the prosecution process. Many times an accused defendant will allow the court to assign a pro bono attorney when they qualify because of associated legal expenses. The problem is that many court appointed criminal attorneys either work for the state through the public defender’s office or are assigned from the local attorney pool by the jurisdictional judge. This means that the legal counsel for the defendant is also an employee of the same state that is pressing the charges, which rarely bodes well for the defendant. Prosecutors often act as though they are entitled to a conviction following any indictment or application of criminal charges, and an appointed attorney will normally be required to deal with the same prosecutor regularly. This situation alone is enough for anyone falsely accused of a crime to retain an experienced and effective criminal defense attorney who will work diligently to ensure that all legal rights to a solid defense are enforced.
What your criminal attorney can do
Criminal cases are built on evidence that must meet the standard of reasonable doubt. Your criminal defense attorney can evaluate all articles of evidence for legal application regarding truth and proper protocol by the police in acquiring the evidence. Arresting officers must follow all arrest protocols and maintain adherence to the Constitution when compiling evidence in an investigation. And, many times over-zealous police officers and prosecutors will prosecute an innocent individual in an attempt to get them to provide state’s evidence in the case. Your attorney can contest all of this evidence as inadmissible and move to have any immaterial case facts dismissed for consideration, which is something that a typical defendant usually cannot accomplish.
Defending your case
When you retain an attorney they can also question the statements of the officer as well as the motivation for the arrest when it obvious that charges are based on evidence that is weak or borderline. Having an attorney who is willing to take a case to a complete trial can be important, and many times an appointed attorney will avoid this at all costs because they know the prosecutor wants a guilty plea. Never plead guilty to a criminal charge when you are innocent because criminal histories can have a major impact on the life of the defendant going forward, including denial for government benefits, employment, and public housing. Retaining an attorney is always an investment in your personal future.
It is never a good decision to go before the court without legal representation because the state must only observe the minimal basic legal rights of the defendant and they are serious about a conviction merely because of the fact your are there. In many ways, a defendant must actually prove their innocence instead of the court proving the case against the defendant. It is important to remember that, even when charges are generally sound, a charge reduction can often be achieved with good legal counsel.
As its name suggests, a Grand Jury has a larger number of jurors. A regular trials has 6-12 people. A Grand Jury has 12-23 people.
State Grand Juries are usually chosen in the same manner standard jurors are selected. The U.S. Courts summons eligible citizens who can serve up to 18 months.
Grand Jury Purpose
A Grand Jury is used solely to determine whether criminal charges should be brought against a particular defendant. It is not used for civil matters (civil matters generally deal with contracts and cases dealing with negligent/wrongful acts).
Only the Prosecutor (or Assistant District Attorney) presents the matter to the Grand Jury. The Prosecutor represents either the state or the United States.
During the proceedings, the Prosecutor presents the case and accuses the Defendant of a crime. There is no judge, defense attorney, or defendant. Only the Prosecutor’s witnesses present testimony and there is no cross-examination. The Grand Jury does not determine the defendant’s guilt or innocence. Instead, the Grand Jury determines whether there is probable cause to charge the defendant with the crime.
Sometimes a Special Grand Jury investigates matters for investigators, not prosecutors, usually when organized crime or political corruption is suspected. This is different from the aforementioned Grand Jury.
Weight of Evidence
“Probable cause” is the legal weight in which to determine whether to bring charges against the defendant.
The U.S. District Court says that when the evidence convinces 12 or more Grand Jurors that the defendant committed the crime, probable cause is established.
States have their own definitions of probable cause. The definitions are mostly made by common law, which means they are defined by court decisions, not statutes.
Origin of the Grand Jury
The 5th Amendment of the U.S. Constitution reads, in Part:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…
This takes its roots from the Magna Carter and was to protect citizens from spiteful, political or unjustified prosecutions.
Updates to the U.S. Constitution
On July 28, 1868, Congress ratified the 14th Amendment. It, in part, provided citizens “equal protection under the law” and directed that no state shall deprive anyone “due process of law,” or “equal protection of the laws.”
The courts have interpreted that the due process of law requirement did not necessarily require a Grand Jury indictment.
The states and the District of Columbia use Grand Juries, mostly for cases that may result in serious felony charges. Connecticut and Pennsylvania have eliminated them for criminal indictments, but still use them to investigate criminal activity.
For standard criminal cases, states conduct preliminary hearings. The prosecutor presents the case and the defendant may cross-examine. The judge then determines whether there is enough evidence for the defendant to stand trial. As with Grand Juries, the judge usually uses the “probable cause” standard.
The U.S. District Courts still use Grand Juries
If you think there is a warrant out for your arrest, you most likely are anxious and scared. An arrest warrant can be issued for a variety of offenses, such as failure to appear in court for a minor traffic offense. Below is an overview of arrest warrants and what you can do if you think you are in danger of being arrested.
The Basics Of Arrest Warrants
An arrest warrant must be issued by a judge. If you fail to appear to court proceedings for any reason, a judge can issue a bench warrant for your arrest. If an officer has reason to believe you participated in a crime, he may ask a judge to issue a warrant for your arrest. Some states allow officers to obtain an arrest warrant from a judge by telephone. Others require a written application before a warrant can be issued.
The Effects Of An Arrest Warrant
If you have a warrant out for your arrest, you can be taken into custody at any time. This could be during a routine traffic stop or officers could show up at your home or place of business and arrest you. Once you are arrested, you will go to jail until it is determined if you are able to post bail or not. Bail is set according to your prior criminal history and the severity of the crime you are charged with. You may not be allowed to post bail until you go before a judge in a first appearance hearing.
How To Determine If You Have A Warrant
In most states, you can check online to determine if you have an arrest warrant. To do this, you must log onto the sheriff’s office data base in the county where you live to perform a warrant search. There are also many third party websites that will perform a warrant search for a fee. To perform a search you must input your name, date of birth and the county in which you live. If there is an active warrant it will contain information such as the type offense you are charged with, the date of the warrant and whether the case is classified as a misdemeanor or a felony.
What To Do If You Have A Warrant For Your Arrest
If you confirm that an active warrant is out for your arrest, you cannot ignore it. Failure to address the situation will only make things worse in the end, because you will be arrested sooner or later. To serve a warrant the police may not only come to your home, but the homes of family members if they cannot locate you. For this reason, it is best to seek the advice of a criminal defense attorney as soon as possible.
Hiring an attorney to represent you may cost you money, but it could save you in many ways down the road. An experienced criminal defense attorney can appear with you in court to face the charges and help you obtain a reduced sentence. Learning that you are facing arrest for a crime is a stressful time, but having an experienced attorney on your side may help you obtain the best possible outcome.
The 6th Amendment of the U.S. Constitution guarantees a defendant the right to a lawyer to defend him or her in a criminal case. It has also been interpreted as conferring the right on criminal defendants to represent himself or herself in cases against them. No such right exists in a civil lawsuit. If you’re a criminal defendant, you might also be allowed to represent yourself, but you’ll need permission to do so from the judge who is presiding over your case. Whether or not it’s a good idea to ask a judge to represent yourself in a criminal case is up to your own best judgment, but it’s not recommended. Typically, you should hire a lawyer to work with you. The consequences of a conviction could be harsh, especially if you’re charged with a felony.
When to ask a judge
At an arraignment, defendants are advised of what they’re charged with, and a plea of not guilty is almost always entered. The court will schedule various dates along with a trial date. Most defendants who want to represent themselves ask a judge for permission to do so at the time of their arraignment. The judge will then set that issue for hearing.
The purpose of the hearing on representing oneself is to make a formal record of the request and obtain a waiver of his or her 6th Amendment right to an attorney. The judge will want the defendant to confirm on the record that he or she is freely, voluntarily, knowingly and intelligently waiving their right to an attorney with full knowledge of the possible consequences.
The defendant’s competency
For purposes of an opportunity for a fair trial, the law doesn’t allow a person to represent himself or herself if the presiding judge doesn’t feel that the defendant is competent to do so. Competency in this context isn’t about whether the defendant is mentally ill or not. It’s about the ability to understand and participate in all phases of the case against him or her.
Factors that a court considers
In deciding on the issue of a defendant’s competency, some of the factors that a court takes into consideration include the defendant’s age, educational level, his or her ability to speak and understand English and the seriousness of the crime that he or she is charged with. These factors make it clear that you need not have the skills of a attorney to be able to represent yourself. You’ll be held to the same ground rules that attorneys are held to in all phases of your case though.
Remember that in waiving your 6th Amendment right to an attorney, you’re also waiving any right that you might have to claim ineffective assistance of counsel. Knowledge and experience in criminal law and procedure can make the difference between being found guilty or not guilty. It’s highly likely that you’ll be far better off having an attorney represent you in any criminal case.
Shoplifting or petty theft is essentially the removal of something from a store without paying for it. However, removing or altering a price tag, removing security tags, or removing the packaging of an item and placing it among other things, is also considered shoplifting. Shoplifting is dealt with differently in different states.
In some states, shoplifting is charged as theft or larceny. However, in others, shoplifting is considered separately and depends on the value of the merchandise. If you stole less than $100 worth of items in Massachusetts, for example, and it is your first offense, you may only have to pay a fine. However, if you took an expensive item, like a computer, you may have more severe penalties to face. In addition to criminal charges, a person might also face civil liabilities.
Most employers, especially in retail settings, now conduct background checks on future employees. If you have a shoplifting charge on your record, you might want to consider expungement or sealing of your record. Having your record sealed or expunged means that you can honestly answer “no” to any question that asks if you have been convicted of a crime (assuming the sealed record is your only conviction). It also prevents future employers from seeing your arrest or conviction record.
Sealing of records or expungement is not available in every jurisdiction. Some jurisdictions have specific requirements, such as age requirements, the amount of time that has passed since your conviction, severity and nature of the event, and whether or not you’ve been arrested for anything else since. If your state allows you to file for an expungement, you will need to file a motion with the court. Sometimes, you need to submit supporting documents as well. Some states make it easy and others make it more difficult. If you find that you are having trouble locating the correct forms online or can’t find other information you need, consult a criminal attorney who can help you file if you are eligible.
Remember that expungement doesn’t mean the record of your conviction is completely erased. The prosecutor’s office will still have a record of your arrest and conviction and law enforcement and your FBI file will still have the information on it. Make sure you read the “fine print” on your expungement papers once you receive them about just who, in your state, can still access the information about your charges. If you are confused about who can see your records, ask your attorney to explain it to you.
In response to problems such as jail overcrowding and understaffed courtrooms, all states have implemented various innovative alternatives to traditional jail and/or prison terms for nonviolent crimes. Our lawyers can advise you about this, if it applies to your case. One of the more popular forms of alternative sentencing is deferred adjudication.
Although deferred adjudication has much in common with the more established practice of placing some offenders on probation, there are important differences between the two practices that are not well understood by those outside the legal profession.
Both deferred adjudication and probation are usually reserved as options for dealing with certain types of crimes and the criminal histories of particular offenders. In general, and depending on state law and sentencing guidelines, both tend to be reserved for:
- nonviolent crimes
- simple possession or possession without intent to distribute drug offenses
- vandalism, burglary, or shoplifting below a certain dollar value
- many “white collar” crimes below a certain dollar value
In most jurisdictions, deferred adjudication and probation are part of plea bargain agreement in which you agree to enter a plea of “guilty” or “no contest” to a charge if the court will also agree that you will receive a certain sentence. These agreements are reached as a result of a discussions involving you, your attorney, and the State’s Attorney or Assistant States Attorney that is handling your prosecution. It is up to the court as to whether or not it will accept the State’s recommendation and it is under no legal obligation to do so.
Depending on the state law, and the policies of the court having jurisdiction in your case, in deferred adjudication you will usually enter a plea of “no contest” to the crime with which you have been charged. The court will accept you plea but, rather than impose a sentence, the court will “postpone” or “defer” its judgement pending your satisfactory completion of certain conditions that the court will order.
Probation differs from deferred adjudication in that the court will accept your plea of “guilty” or “no context” but will then impose a sentence. However, the court will then order that you are to be allowed to serve your sentence outside of jail or prison so long as you agree to follow a set of conditions that the court will impose.
Of the two, deferred adjudication probably represent the better “deal” of the two since it technically not a conviction and you can thus truthfully answer that you were not convicted of the crime for which you were given deferred adjudication. The record of your arrest, your plea, and your adjudication will still exist but will not appear except to a more thorough background check.
Finally, many state’s laws contain provisions that, upon completion of certain required conditions, you record can be either “sealed” or “expunged.” In the former, your record will still exist but it will be from concealed from view unless by a court order. If your record is expunged, every reference and mention of your crime is physically destroyed.
Public defenders are a necessity to the legal system, but may not always provide adequate defense for the assigned client. The public defenders works for the same state that is prosecuting the case, and there will always be a question of how willing they are to work diligently to protect you. Many times the charge is a crime without a victim, especially in cases involving drug distribution on any level. Public defenders regularly work in one specific court and can become an ally of the local court officials in many cases. Never accept a public defender for a criminal charge if there is any other option for legal representation.
Anyone in the city of New York who is facing criminal charges should contact our attorneys and let us do a professional and thorough analytic investigation of your particular case. We are very familiar with the overall city court structure and always represent our clients aggressively, including the willingness to take a case to trial when the charges are not valid. We understand how to craft a strong defense in any legal situation and have along track record of proven success at helping our clients receive a reduced case settlement including dismissal in cases where our client is being prosecuted on frivolous claims. Let us help you defend your case and ensure the respect of all of your legal rights.
Our #1 goal is to get your criminal case dismissed. We often get many cases dismissed, before they even get to full trial. Often, prosecutors build cases built on faulty evidence. By focusing on the evidence of the case, we can see if the evidence is either faulty, or wrongfully gotten – which allows us to request the judge to dismiss the case. By attacking the evidence and how it was gathered, we can force the prosecution to agree to dismissing the case, or agreeing to a lower penalty.
Often, many cases end before they go to trial. When you work with former prosecutors, like those at Raiser & Kenniff, we can help you get that same outcome
If the prosecution offers you a plea deal to your public defender, it may not be a bad idea to take it. If the plea deal is fair, doesn’t impact your permanent record – and doesn’t seem toxic, then it’s a good idea to take the deal. 99% of the time, the prosecution doesn’t offer a good deal. If you hire an attorney who starts fighting back, you can almost always secure a better deal.
Going to criminal court in New York City can be a frustrating and scary experience. This is especially true when you are facing serious criminal charges that can result in a long incarceration period. New York City prosecutors are adamant about reducing crime in the metropolitan area, as it is one the world’s most attractive tourist destinations, as well as the home to over seven million primarily law-abiding residents. Having an experienced and aggressive criminal defense attorney is imperative when attempting to defend against any criminal charge in a New York City court room when the charges and potential penalties are significant. This is especially true when being charged with a felony because all felonies carry the potential for long-term state penitentiary incarceration. When in doubt, we encourage you to contact our criminal lawyers.
New York City is a unique region. There are seven distinctive areas within the municipality and the court systems are not uniform. Different levels of criminal prosecutions are handled in differing locations and names of the particular criminal court do not always comport. Even a defendant who is familiar with the New York City court system may have difficulty determining the exact location of the court where their case appears on the docket. An criminal lawyer who practices primarily in New York City will understand how to avoid a potential failure to appear charge when a defendant attempts to comply with the court, but goes to the wrong location. In addition, an attorney who works within the court system on a daily basis is familiar with the court officers and can be a solid voice for your case during the bargaining process.
There are five classes of felony in the state of New York. Those classes are A, B, C, D, and E. Many states only use three or four classes and often reserve murder charges for a special class, making classification reduction difficult. The extra classes allow latitude in case adjudication for both sides of the charge. Class A is generally reserved for murder charges or treason, which is a rare criminal charge. Class A felonies are often taken to trial for a variety of reasons, including charge severity and the potential for acquittal. Class B is normally reserved for homicide and other forms of violent crime, but can include drug trafficking when huge amounts of controlled substances are confiscated. Class C is actually the most common level of felony charge, even when the material case evidence may not support the state prosecutor’s classification. This means the prosecutor can bargain down and still not receive much criticism for being “soft on crime” or some other public response. Class D and E felony charges are the lowest range of felonies, usually applied in cases where the criminal activity is not malicious in nature but are technically in the felony category. This is the level where many Class C felony charges are finally prosecuted or bargained for settlement. Our criminal lawyers can help with all of these felony classes.
Felonies are clearly the legal situations that everyone wants to avoid. The problem is that there are five different levels of felony charges in New York state, which can create confusion. It also creates a legal possibility for amending the charges within the classes. Always remember that the state prosecutes felony charges and the municipality prosecutes misdemeanors. Felonies are prosecuted much more vigorously because the community wants the state to maintain a grip on serious criminal activity in one of the leading states in the union, with one the world’s most vibrant cities in New York City. State prosecutors mean business. However, prosecutors have the authority to reduce any felony by one level using their own discretion, and then even further if a criminal attorney can present your case in negotiating a settlement in a manner that cast reasonable doubt on criminal activity by the defendant.