Albany NY Criminal Law FAQ

We handle criminal law in all New York courts. Click the following for DWI and Traffic cases.

Below are answers to questions we hear frequently.

Q: Why should I hire a defense lawyer?

A: If you are looking for a deal, a defense lawyer will often get you a better deal than you will be able to get for yourself. In many courts the prosecutor won’t even discuss a plea bargain with an unrepresented defendant. A good defense lawyer will also review the facts of your case to see if you have a strong defense. If so, you may get a better deal or you may want to fight the charges.

If you are looking to fight the charges, a good defense lawyer will review your case and fight for you. If you qualify for a public defender, they will do their best. Some public defenders are excellent lawyers. However, many do not have much experience, and they often have trouble devoting their full attention to your case.

Warren had a criminal law matter that shows why you want a good defense lawyer. The defendant was accused of Grand Larceny, allegedly stealing from a store where he worked. His first lawyer told him to plead to a felony, do 90 days in jail and 5 years of probation, with $6000 in restitution. The defendant maintained his innocence and came to Warren. After reviewing his case we agreed he had a strong defense. We refused the deal. The DA then offered a felony, no jail time, 5 years probation, with restitution. The client still refused. The DA indicted him and we got the case scheduled for trial. We began to review the store records. Realizing this would take a lot of time, Warren had the client hire someone to go through the records at much lower cost than our rate, saving the client thousands of dollars. We found a lot of good evidence. The offers kept getting better, and the client kept refusing. On the first day of trial, the DA agreed to drop the charges. It was expensive - the client spent $9000 ($7500 for our fees, and $1500 for expenses). But the client has no criminal record (not even a violation). He did not have to pay a fine or restitution, and he did no jail time. We have won a number of cases like this.

Prior results do not guarantee a similar outcome.

Q: What’s the difference between a felony, a misdemeanor and a violation?

A: In criminal law, a violation (or infraction) is a low level offense and is not a crime. Common violations include Disorderly Conduct, Harassment, and Unlawful Possession of Marijuana (see our Marijuana page).

A misdemeanor is a crime where the maximum sentence is less than one year in a local jail. The process is less formal and cases are resolved more quickly. We will get you the best deal possible, or fight the charges if you prefer. In many cases, we will be able to get you a deal where you will plead to a violation with no jail time.

A felony is a serious crime where the sentence is generally more than one year in state prison. Convicted felons face many other consequences. The defendant will have to appear in court several times. We will get you the best deal possible, or fight the charges. In many cases we will be able to get you a deal where you will plead to a misdemeanor, and often you will get no jail time.

Q: What’s the difference between jail and prison?

A: Jails are local, usually run by counties. A defendant who remains in custody before trial will be held at a local jail. Misdemeanor defendants sentenced to serve time are sentenced to local jails.

Prisons are run by the State and Federal governments. Felony defendants sentenced to serve time in state court will serve time in a state prison. Defendants sentenced in federal court will serve time in federal prison. Prisons are often far away.

Q: Will I have to serve time?

A: That depends on your situation. Most of the time, misdemeanor defendants with no criminal record will be able to plead to a violation, pay a fine, and get no jail time. If you have a criminal record that makes it more difficult.

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888-733-5299
255 Washington Ave Ext., Suite 108, Albany, NY, 12205
Fax: 518-862-1551 wredlich@gmail.com

The Redlich Law Firm
Albany NY Criminal Law FAQ

©2008 Warren Redlich, Esq.

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