Criminal Defense in Albany, NY
What Is A Criminal Defense Lawyer?
Because a criminal conviction can have serious consequences, you want an experienced Albany, New York attorney on your side. These attorneys research the facts of your case so you can have peace of mind. By performing their own investigation, criminal defense attorneys put you in a better position to negotiate a deal with the prosecutors, possibly resulting in reduced charges, a lower bail amount, less sentencing time and even possibly dismissed charges. Put simply, hiring a defense lawyer in Albany, NY is the most effective way to protect your rights.
Unfortunately, the New York criminal process more than likely leads to costly fines, jail time and possible incarceration for those who do not have competent legal counsel. As jails become increasingly overcrowded, criminal defense attorneys work with prosecutors to reduce the time that you may spend in jail. They do this by formulating a plea, reviewing the procedure of the search and seizure, questioning witnesses, gathering evidence, assessing the potential sentence and investigating the prosecutor’s case. Furthermore, your Albany criminal defense lawyer helps you understand the complex criminal justice system.
Hiring a Criminal Defense Lawyer in Albany, New York
Hiring a criminal defense lawyer gives you access to an Albany professional who defends you aggressively. This means you have someone standing beside you when you face the judge. If you are looking to hire a compassionate and committed criminal defense lawyer in Albany, NY who is ready to help represent you in court, we have lawyers that are standing by in all areas of law throughout multiple locations in the United States. Get in contact with us today.
What is the Difference Between Parole and Probation?
If you are facing criminal charges in Albany you may have an option for either parole or probation. While their names are similar, these two concepts are vastly different. Your criminal defense attorney can help you understand these alternatives to incarceration.
Probation is typically an alternative to jail or prison. There are times where a judge may order a defendant to serve probation. If you are on probation, you will be under a certain set of guidelines. Furthermore, there will also likely be strict supervision rules.
Because of this, New York laws are in place to force you to submit to warrantless searches without any probable cause.
When you receive probation, a judge usually will give you an opportunity to show that you have an interest in receiving rehabilitation. Probation in place of an incarceration sentence may not be an option without expert defense, though. Accordingly, to avoid a direct prison sentence you should immediately seek legal advice.
Even though probation does not send you to jail, it usually requires you to follow many of the same conditions that come with serving time in prison. Some of these conditions include participating in rehabilitating programs, following a curfew, and receiving frequent drug testing.
In Albany, New York you may also be required to pay restitution, court costs, a fine and any other fees. The length of time you are on probation may drastically range, depending on the initial crime and your previous history.
In New York State, the period of probation can range from 2 to 3 years for a class A misdemeanor. For a felony, the period of probation can range anywhere from 3 to 5 years. However, the court has much wider discretion in determining probation length for crimes involving drugs or sexual assault.
If you do not follow the precise instructions a judge gives you, the judge may revoke your probation. This typically results in incarceration. Furthermore, depending on the nature of your violation, you may receive an additional sentence beyond your initial one.
The Office of Probation and Correctional Alternatives (OPCA) regulates the county probation departments across New York State. If you are placed on probation in Albany, your probation will be handled by the Albany County Probation Department. Conditions of probation can include regular meetings with your probation officer and submitting to search and seizures of your home or property. In addition, you must get written permission from your probation officer before leaving Albany County.
If you violate the terms of your probation in Albany, your probation officer may file a Violation of Probation (VOP) with the Albany County Court. Fortunately, you have the right to a VOP Hearing with counsel. In the end, the judge can decide to modify or revoke your probation and can order you to serve your suspended sentence.
Typically, a probation officer manages your probation. This officer monitors your progress and compliance. He or she also files periodic reports with the court. Accordingly, if you do not comply with the terms of your probation, the judge is apt to know. Then he or she may then revoke your probation and send you to jail. An Albany, New York criminal defense attorney can help you with probation violations.
Instead of interacting with a probation officer, parole requires you to report to a parole officer. A parole officer will outline any expectations you are to meet. In addition to the rules of your parole. He or she also monitors your progress and reports back to the court and the parole board.
Parole is a term to refer to the period of time that comes after a release from incarceration. Just as with probation, there are usually many conditions and safeguards that you must follow during your parole.
The New York State Board of Parole has the sole authority to determine parole, set parole conditions, and revoke parole if terms are violated. If you live in Albany, your parole will be managed by the Albany Area Office of the New York State Department of Corrections and Community Supervision. You must meet regularly with your parole officer and obtain written permission if you want to leave New York State. Other conditions of parole can include not fraternizing with known criminals, relinquishing all weapons, and maintaining employment. If you violate parole, you could end up serving time in the Albany County Jail & Pen.
If you violate the terms of your parole, the parole board may require you to finish the remaining time of your sentence. Certain violations, though, may result in additional charges and a longer incarceration time resulting in the need for an Albany, NY criminal defense attorney.
Work With an Experienced Local Albany, New York Criminal Defense Lawyer
An Albany criminal defense attorney works with the prosecuting attorney to determine a beneficial outcome in your criminal case. You may not want to go through the criminal justice process alone. By working together to negotiate an affordable bond or a later plea deal, an experienced Albany, NY criminal defense lawyer uses all available resources and relationships with prosecutors to negotiate the best possible outcome for your criminal defense case. He or she may also help you seek a dismissal of your criminal complaint.
If you or a loved one is facing criminal charges in any state, contact our team to learn how we can connect you with a reputable criminal defense attorney near you. We can even help you connect with an attorney across New York state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!