Criminal Defense in New York
What Is A Criminal Defense Lawyer?
Because a criminal conviction can have serious consequences, you want an experienced New York attorney on your side. A criminal defense lawyer is an advocate for justice. 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 New York is the most effective way to protect your rights.
Without an attorney, the options for defense narrow. 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 New York criminal defense lawyer helps you understand the complex criminal justice system.
Hiring a Criminal Defense Lawyer in New York
Hiring a criminal defense lawyer gives you access to a 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 New York 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 New York, 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 New York you may be also required to pay restitution, court costs, a fine and any other fees. The length of time you are on.
New York State establishes a minimum probationary period of 3 years for a misdemeanor. However, a felony can carry probation for a minimum of 5 years, and a maximum of 7 years for a non-violent felony. There is also an imposed maximum of 15 years probation for a violent felony.
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.
Residents of New York that are serving their probation sentences are expected to follow the letter of the law and refrain from committing any further crimes, according to the New York Senate. You must meet regularly with your probation officer and submit to random drug screenings whenever requested. You must also maintain employment and residence, refrain from drug and alcohol use, make restitution payments, and undergo psychiatric evaluation and treatment if necessary. Failure to comply with the requirements can result in serious consequences, such as jail time. If you violate your probation you may find yourself before a judge at the Eastern District Court of New York.
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. A 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 Division of Parole Rules and Regulations states that you are not to leave the state while on parole without the express permission of your parole officer and the court. Delinquency in this requirement will almost certainly result in your parole being revoked. You are also expected to maintain employment, and refrain from fraternizing with any known felons. Finally, you are not permitted to buy, sell, or possess anything that can be declared a deadly weapon while on parole. You can schedule meetings with your parole officer at the U.S. Probation and Parole Office.
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 a New York criminal defense attorney.
Work With an Experienced Local New York Criminal Defense Lawyer
A New York 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 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!