The maximum range of punishment is the most obvious difference between a felony and a misdemeanor. People who commit felonies go to state prisons for more than a year. People who commit misdemeanors go to county jails for less than one year. Statistically, there are almost twice as many state prison inmates as county jail inmates.[1] Moreover, probation for a felony is much longer and has many more conditions than misdemeanor probation.
Misdemeanors and felonies are also different procedurally. Usually, prosecutors must obtain grand jury indictments in felonies. That’s largely a formality, as the grand jury indictment rate is over 99 percent. Pleas may be different as well. Some courts require allocutions, or detailed admissions of guilt, in felonies. The three major differences between misdemeanors and felonies are outlined below.
Felonies and misdemeanors also have some things in common. They’re both serious criminal cases. Furthermore, a defendant in either a felony or a misdemeanor needs a Rochester criminal defense lawyer. An attorney evaluates your case and determines your legal options. More importantly, a lawyer works hard to obtain a positive result. This result could be a not guilty verdict at trial, a plea to a lesser included offense, or a pretrial dismissal of charges.
Jail Release
When they set presumptive bail amounts, county sheriffs usually consider the defendant’s criminal record and the severity of the offense. Statistically, people who have been through the system before and who face serious charges are more likely to appear at trial. They aren’t as scared and are more anxious to resolve the matters. However, most sheriffs take the opposite approach. They raise bail in felony cases.
Bail for a low-grade felony usually exceeds $2,000. Bail for a serious felony may be ten times that amount or more. Quite simply, most people cannot afford to pay that much.
A bail reduction hearing is usually appropriate in these cases. At this hearing, a Rochester criminal defense lawyer uses the criminal record/severity of the offense arguments mentioned above to reduce bail. Furthermore, a judge considers additional factors at a bail reduction hearing, such as the defendant’s ability to flee the jurisdiction and the defendant’s contacts with the community.
The Constitution’s Eighth Amendment guarantees reasonable bail for a reason. Incarcerated defendants nearly always stay behind bars.
Perception Matters
To many jurors, people who face misdemeanor charges were in the wrong place at the wrong time, or they made an error in judgment. We’ve all done these things at one time or another. Frequently, people who live in glass houses don’t throw stones. In other words, jurors are more willing to go easy on misdemeanor defendants.
Felony defendants, especially violent felony defendants, are different. Jurors typically think these defendants are bad people who deserve punishment.
Perception may not be everything in a jury trial, but it is important. The nerd defense is a good example. When defendants wear eyeglasses, jurors are less likely to convict them, especially if the defendant is charged with a violent crime.[2]
Additionally, a positive perception goes hand-in-hand with a legal defense. If jurors are sympathetic toward the defendant and the defendant has a decent legal defense, jurors are more likely to acquit the defendant.
Collateral Consequences
Perhaps most importantly, the collateral consequences of a felony are much worse than those of a misdemeanor.
The aforementioned perception issues continue. Many employers, landlords, and other individuals also believe that felons are dangerous people who cannot be trusted. Most police officers feel the same way. For example, when detectives launch criminal investigations, they usually start with prior felons in the area. Detectives assume one of these felons either committed the crime or knows who did commit it. The law contains similar provisions. Felons lose many civil rights, such as voting or owning a handgun.
Additionally, very few misdemeanors have immigration consequences. Occasionally, a serious misdemeanor, like a DUI, may trigger deportation or other proceedings. Almost all felonies, on the other hand, have immigration consequences. That’s especially true in violent felony cases. Immigration matters are very difficult to resolve. It’s hard to obtain jail release in these cases. As a result, it’s hard to beat these cases in court, especially since the burden of proof is usually lower in immigration cases.
There’s a big difference between a criminal arrest and a criminal conviction. For a free consultation with an experienced Rochester, NY criminal attorney, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.
In 2016, the Supreme Court ruled that, under the Sixth Amendment, defendants have a right to the counsel of their choice.[1] Unfortunately, in many cases, many defendants don’t have much of a choice, at least from a financial perspective. These defendants often look to a court-appointed lawyer or state-funded public defender.
These options often aren’t available. Many Monroe County judges assume, rightly or wrongly, that if defendants can afford bail, they can also afford to hire a Rochester, NY, criminal defense attorney. Even if these options are available, they are usually poor options. Most court-appointed lawyers and public defenders are top-flight defense lawyers. However, that’s certainly not true in all cases. Defendants have no choice in these matters. They get whoever the judge assigns, whether the attorney is capable or not.
So, if you face criminal charges, you probably need a Rochester, NY criminal defense attorney. These charges are much too serious to face the problem alone or take your chances with a lawyer you do not know. An attorney does more than advocate for you. A Rochester, NY, criminal defense lawyer walks you through the entire process, from jail release to case resolution. No one can magically make everything better at this point. However, the right lawyer can help defendants, and their families, get through the criminal law process in one piece.
Criminal Law Focus
Many smaller towns in Monroe County only have a few lawyers. These attorneys usually handle all kinds of cases, from A to Z. Defendants in these communities could go with a designated criminal law attorney who has an office in downtown Rochester. But, as outlined below, that partnership is usually a bad idea. In these cases, a general practice lawyer is certainly better than no one.
However, if at all possible, your Rochester, NY, criminal defense attorney needs to be just that. This lawyer may differ from the one who handled your will or your cousin’s car wreck case.
By nature, civil law and criminal law are different. Most civil law attorneys focus on relationships. If Sarah needs a divorce lawyer somewhere down the road, she’ll most likely also need a child support enforcement lawyer and a parenting time modification lawyer. Criminal law attorneys focus on cases. Hopefully, a defendant’s first time through the system will also be a defendant’s last time through the system.
Of course, your attorney should give your case personal attention. However, criminal defense lawyers are always focused on the here and now as opposed to the future.
General Experience of a Rochester NY Criminal Defense Attorney
Additionally, civil attorneys usually have little practice experience. They may go to court and argue a motion a few times a year, but that’s about it. In contrast, designated defense lawyers often have ample experience. In fact, most defense lawyers are former prosecutors. This background not only gives a lawyer practice experience. It gives a lawyer valuable insight into how the other side thinks and acts.
Generally, misdemeanor courts are more informal than felony courts. Additionally, felony punishment is much more severe than misdemeanor punishment. So, there’s more at stake.
During your initial consultation, ask questions like “what percentage of your practice is devoted to X (drug cases, DUIs, aggravated assaults, etc.)” and “can you tell me a little about the last drug, DUI, or assault case you handled.” Avoid lawyers who answer these questions evasively.
Some clients make a big deal out of lawyer specialization. Specialists have a little more training and experience than non-specialists, which is something to consider. However, this consideration shouldn’t override the other items on this list.
Bedside Manner
For the most part, we’ve focused on experience in this post, and rightly so. However, in searching for the right employee or the right lawyer, soft skills are almost as important as hard skills.
For an attorney, soft skills mean the lawyer speaks your language. Many attorneys are fluent in Legalese. Unfortunately, their English isn’t too good. During a consultation, if an attorney uses words you don’t understand and then treats you like an idiot when you ask for an explanation, head for the door.
Additionally, your lawyer should not treat your case like a number. The best attorney-client relationships are partnerships. If you don’t feel like a partner, keep looking. Plenty of choices are available. It’s up to you to make the right choice.
There’s a big difference between a criminal arrest and a criminal conviction. Contact the Law Office of Frank Ciardi for a free consultation with an experienced Rochester, NY criminal attorney. Virtual, home, and jail visits are available.
Suppose you or someone you love has been charged with a crime, especially in New York. In that case, you’ll need a skilled Rochester criminal attorney to help you avoid becoming a part of some scary state statistics.
Rates of Incarceration and How a Rochester Criminal Attorney Can Help
The United States is the world’s leader in incarceration. With an incarceration rate of 664 per 100,000 citizens, the likelihood of being convicted once charged with a crime is staggering.
New York State’s rate alone is triple other NATO countries like Canada, France, and Italy.1
It’s important to note that you don’t need just any attorney to represent your case. You have to right to a public defender or to defend yourself. However, having a skilled Rochester criminal attorney with experience navigating the court system can be the key to keeping your freedom.
You’ll also want to ensure that the criminal defense attorney you hire has lots of experience with the crime you’ve been accused of.
Here are some of the most common cases requiring a Rochester criminal attorney.
Misdemeanors
A huge mistake that people make is thinking that they don’t need an attorney unless they’re facing a felony charge. Even with misdemeanors and non-incarceration cases, New York defendants should always ask a Rochester criminal attorney to evaluate their case.
Even misdemeanors must be taken seriously. This is because they can come with severe consequences like separation from family, time away from work, a criminal record of an arrest, and a possible conviction record.
Drug Crimes
New York state is known for being tough on drug crimes. You’ll need to hire an attorney immediately if you have been accused of possessing, distributing, or trafficking drugs.
Why?
Drug crimes in New York often come with serious add-ons. These include:
Charges for distributing to someone under 21
Paraphernalia charges
Conspiracy charges
Charges for proximity to a school zone
Weapons charges
Charges for driving under the influence
These add-ons can lead even simple charges to carry serious time.
Those accused of drug crimes significantly benefit from hiring an attorney with prosecution experience. This type of Rochester defense attorney knows how the other side thinks and how to avoid a conviction.
DWI (Driving Under the Influence)
Driving under the influence is strictly prohibited in New York State. Penalties for breaking DWI laws include:
Loss of driving privileges
Fines
Jail time
A seasoned Rochester criminal attorney can help those charged with DWI reduce their charges or even get them dismissed.
Violent crimes
Rochester criminal attorneys also successfully defend against violent crimes such as domestic assault and assault and battery. However, unlike other kinds of crimes, violent convictions have severe direct and collateral consequences. These include up to 25 years in prison and loss of voting and gun ownership privileges.
Courts are cracking down on crime, especially when the felony charge is related to domestic violence. However, without a skilled Rochester criminal attorney, it is unlikely that complete dismissal of charges, a plea to a lesser offense, or a not-guilty verdict at trial is a possibility.
Sex Crimes
Being charged with a sex crime, even when innocent, is a life-changing event. Sex crimes are some of the most severely prosecuted offenses.
If you are convicted, you could face a lengthy prison sentence and lifetime registration as a sex offender. In addition, becoming a societal outcast is another huge possibility.
Even if released from prison, a sex offender is restricted in where they can live, where they can visit, the kind of job they can have, and even the type of credit they can obtain.
Thankfully, there is a big difference between a criminal arrest and a criminal conviction. A Rochester criminal attorney with experience defending serious cases is key to beating any charge involving sex.
Federal Crimes and White Collar Crimes
The federal Bureau of Investigation, the Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigate federal charges. Federal charges include a range of crimes, from tax evasion to weapons charges to acts of terrorism.
Because federal prosecutors have virtually unlimited resources at their disposal, statistics3 show that they rarely lose.
This is why anyone charged with a federal crime hires a criminal attorney to investigate the best options.
Contact a Rochester Criminal Attorney Today
Regardless of the type of crime you’ve been accused of, the right to legal defense makes a big difference for you and your family. Contact the Law Office of Frank Ciardi for a free consultation with an experienced Rochester criminal attorney.
During pandemic lockdowns, VMT (vehicle miles traveled) dropped sharply in the Empire State. However, the number of DUIs hardly changed.[1] Translation? More drunk drivers were on the road than ever before during the lockdowns. Generally, bad habits, like driving while intoxicated, are easy to form and hard to break. Police officers are determined to force people to break this habit and reduce the number of DUI arrests in NY.
Most of the new arrestees are first-time DUI offenders who, in most cases, have never been through the system before. We’ve posted about DUIs several times. But this post will focus on what happens in the thirty days following an arrest and how a Rochester DUI lawyer can help you through a very difficult and frightening time.
Jail Release after DUI Arrest in NY
First things first. Initially, immediate jail release is priority number one. Nothing else is even close. New York has relaxed its pretrial release laws recently. However, jail release is still not guaranteed, especially after a DUI arrest. County sheriffs, who set presumptive bail amounts in most cases, often consider these offenders a public hazard.
Nevertheless, DUI is technically a nonviolent crime, at least in most cases. Therefore, OR (Own Recognizance) release may be available. That’s especially true if the defendant provided a chemical sample below .15 and no other enhancements, like a collision, apply.
If available, OR release is the way to go. The cost is minimal and post-release supervision is minimal as well. Basically, if a defendant promises to walk the line, under the law, the sheriff must take this promise at face value.
The pretrial release process in most Upstate New York counties doesn’t include a hearing. However, a Rochester DUI lawyer may informally advocate for defendants and work to secure OR release.
Other options might be immediately available as well, once again, if the case has no enhancements. Immediate release options include cash bail and a bail bond. Cash bail is a lot like a security deposit; a bail bond is basically an insurance policy.
If the cash bail amount is too high or, usually because of enhancements, a bail bond isn’t available, the judge must hold a bail reduction hearing if a Rochester DUI lawyer asks for one. Generally, the judge must hear bail reduction arguments within seventy-two hours of the arrest. Frequently, these matters settle before the hearing. For example, the prosecutor might agree to pretrial release if the defendant agrees to stricter IID monitoring (more on that below).
Drivers’ License Suspension/Restriction
A chemical test refusal or failure triggers New York’s administrative license revocation process. Usually, defendants have thirty days to request a hearing, or the full suspension period automatically takes effect. Usually, these suspension periods are:
Six months for the first failure,
Twelve months for a first refusal,
Twelve months for a second failure, and
Eighteen months for a second refusal.
Some of these actions are suspensions, and others are revocations. There’s a difference. Drivers can re-activate suspended licenses after the suspension period ends if they jump through some hoops, such as paying a reinstatement fee. After a revocation period ends, the driver must start the whole process anew.
Rochester DUI lawyers can help defendants obtain limited licenses, which allow defendants to drive for most essential purposes in some cases. Additionally, in a few cases, an attorney can overturn the suspension or at least reduce the period.
New York law generally mandates Ignition Interlock Devices as a jail release condition or as part of a limited license. An IID is basically a portable Breathalyzer attached to the vehicle’s ignition.
Alcohol Evaluation
In Monroe County, alcohol evaluations are mandatory if the defendant refused to provide a sample or had a BAC above .15. Judges often order these evaluations in other cases as well. Frankly, many Rochester DUI lawyers overlook this part of the post-arrest process. However, the alcohol evaluation often traps many defendants, especially first-time offenders.
Many first-time offenders don’t regularly consume alcohol. They just had one too many and got caught. When these people tell counselors they don’t have alcohol problems, the counselors claim they’re in denial and refuse to move forward. If that happens, the entire criminal process gets stuck in neutral.
Usually, an attorney cannot overturn this requirement. However, a lawyer can ensure that a defendant sees a counselor who understands how the DUI arrest went down. So, the process keeps moving forward, and everything ends sooner.
There’s a big difference between a criminal arrest and a criminal conviction. Contact the Law Office of Frank Ciardi for a free consultation with an experienced Rochester criminal attorney for DUI. Virtual, home, and jail visits are available.
There’s no such thing as a perfect relationship, whether professional or personal. The attorney-client relationship always has some pros and cons. However, in a partnership with the right criminal lawyer in Rochester, NY, the pros greatly outweigh the cons, at least in most cases.
An old story among criminal defendants is that a lawyer helps you get what’s coming to you. Alas, many of the thousands of attorneys in New York have this attitude. They immediately look for a quick settlement and an easy way out, so they can move onto the next case.
The good news is that the Empire State has more lawyers (over 185,000) than any other state in the country.[1] California is second, if you can call it that, with barely more than 167,000. All these attorneys in New York mean that the right one for you is out there somewhere.
Self-Representation
Another old saying is that a man who represents himself is a fool for a client. Usually, this aphorism is accurate. The state has a team of attorneys, legal support staff, and investigators who, in most cases, only care about convicting defendants. They usually don’t care anything about justice. The deck is stacked so badly that an individual simply has no chance of obtaining a favorable result.
Non-incarceration matters may be the one exception. Many low-level misdemeanors in New York, especially traffic ticket cases, are fine-only cases. Most people gamble with their money in one way or another. Gambling with your liberty is something else entirely and not something that anyone should do.
Nevertheless, there could be a lot of money at stake. The collateral consequences of a speeding ticket are a good example. The fine itself might only be about $50 or $100. However, the court adds significant fees to this fine. Additionally, most speeding tickets raise insurance rates by about 25 percent.[2] So, there might be more at stake than you think.
Therefore, even in non-incarceration cases, defendants should always ask Rochester, NY, criminal lawyers to evaluate their cases. An attorney tells you what could happen if you lose the case. That includes the direct and collateral consequences. Furthermore, a lawyer identifies possible defenses, such as malfunctioning equipment in speeding ticket cases. After this evaluation, defendants can make better choices.
Public Defender/Court-Appointed Lawyer
We’ve probably all seen horror stories about overworked public defenders and court-appointed lawyers who barely keep up with their cases and don’t fight for their clients. That’s probably true in some cases. But certainly not in all cases.
Some people may remember the 1995 Oklahoma City truck bombing. Timothy McVeigh, the bomber, was executed for his crimes. McVeigh’s primary accomplice, Terry Nichols, faced a similar fate. Michael Tigar, a court-appointed lawyer, led Nichols’ defense team.[3] Tigar and his team convinced a jury to sentence Nichols to life in prison without parole. That’s certainly not an ideal outcome, but it’s much better than it could have been.
This story brings up two important points. First, a court-appointed lawyer or public defender is perfectly capable of handling your defense. Bear in mind that the Sixth Amendment guarantees the right to an attorney but not the right to a free attorney. Public defenders are only available in limited situations.
Second, “winning” a criminal case could mean different things. A not-guilty verdict is obviously a win. So is a pretrial dismissal of charges. If a criminal lawyer in Rochester, NY, significantly reduces the punishment, that’s a win as well.
Private Rochester, NY Criminal Lawyer
Of all these options, a full-time partnership with a criminal defense lawyer has the most pros and fewest cons. Full-time lawyers not only evaluate cases. They also prepare defenses and, most importantly, advocate for defendants.
Furthermore, as mentioned above, defendants have limited court appointed/public defender options. But they have unlimited choices when it comes to private attorneys. Additionally, if a private Rochester, NY criminal lawyer isn’t working out, for whatever reason, most defendants can change lawyers at any time. However, defendants cannot “fire” court-appointed lawyers or public defenders. They can ask the judge to designate someone else, but the judge will almost certainly refuse to do so.
One final note. The Supreme Court recently ruled that the Sixth Amendment gives defendants the right to hire any attorney they choose. So, the state cannot use the forfeiture process to seize so much money or other property that defendants cannot afford to hire the lawyers they want to hire.
There’s a big difference between a criminal arrest and a criminal conviction. Contact the Law Office of Frank Ciardi for a free consultation with an experienced Rochester criminal attorney for robbery. We routinely handle matters in Monroe County and nearby jurisdictions.
Many people believe these three offenses are similar. They are similar in terms of punishment. They’re also similar in that New York officials aggressively arrest and prosecute alleged robbers, thieves, and burglars.<[1] But in terms of everything else, they’re quite different. They apply to specific conduct and criminalize different types of behavior.
These offenses have something else in common. A Rochester criminal attorney for robbery can challenge the evidence in each one and obtain a favorable result in all of them, usually without going to trial. Especially if the defendant has no criminal record, and especially if the offense was basically a property offense, prosecutors are often willing to offer pretrial diversion. Alternatively, a Rochester criminal attorney for robbery could also obtain a not-guilty verdict at trial or arrange a plea bargain to a lesser included offense.
Theft Charges
Essentially, theft is taking property with the intent to deprive the owner of its full value. Shoplifting and failure to timely return rental property may be the two most common kinds of theft in New York.
Low-value, single-actor shoplifting cases used to be very common, especially in Monroe County. Now, most law enforcement agencies don’t respond to such calls. The value must be over a certain amount, usually $100. Higher-value, multi-actor cases are a lot harder to prove in court.
The owner must testify in court that the defendant deprived the owner of the full use of the property. In charging instruments, prosecutors often designate salespeople or even store security guards as owners. Most theft cases go to trial about a year after the alleged theft. By that time, the named owner is usually long gone.
Prosecutors can easily fix this error and designate someone else. However, that’s assuming they notice the issue.
Most U-Haul, Avis, and other property rental agencies usually impose high penalties on people who return property after the due date. However, many prosecutors hesitate to enforce these provisions in court. Such enforcement basically turns the state into a debt collector.
Robbery Charges
Under New York law, robbery is basically theft plus force or the threat of force. So, robbery is usually more serious than theft and burglary, which are essentially property crimes. Robbery is almost always a serious felony. Burglary and theft are typically less serious felonies or even misdemeanors.
Like theft, robbery requires a non-officer witness. Unlike theft, a robbery witness isn’t just a technical witness who can be replaced at the last minute. Instead, a robbery witness is vital to the case.
Unlike police officers, alleged robbery victims usually aren’t professional witnesses. A Rochester criminal attorney for robbery can often intimidate these witnesses. If witnesses change their stories even slightly, they often lose all credibility with a judge or jurors.
Additionally, the trauma these witnesses endure often affects their recollection. In one landmark study, an actor aggressively questioned a volunteer for about two hours. The next day, the volunteer couldn’t pick the actor out of a lineup.[2]
Evidence issues at trial often prompt prosecutors to make more favorable pretrial deals. As the risk of a not-guilty verdict increases, a Rochester criminal attorney for robbery obtain additional leverage.
Burglary Charges
Generally, burglary is breaking and entering with the intent to commit theft or a felony. So, a few burglary crimes are property-related. Most burglary offenses involve the violation of a protective order.
These crimes often involve more force than robbery. But that’s not always the case, especially in protective order violation cases. Frequently, estranged romantic partners have keys to the alleged victim’s residence. On a related note, some burglary cases are breaking-the-curtilage cases. Reaching into an open pickup bed and taking something out of it is a burglary in New York.
These crimes also often involve intent issues. If Phil breaks into Jim’s house to retrieve property Jim borrowed or to take something to satisfy a debt, Phil arguably didn’t have the required intent. Phil might be guilty of something, like criminal trespass. But he isn’t guilty of burglary.
A proposed plea to a lesser-included offense, like criminal trespass or criminal mischief, often appeals to prosecutors. The state doesn’t have to risk a trial, and the defendant is convicted of something.
Get Help from a Top Criminal Attorney for Robbery
There’s a big difference between a criminal arrest and a criminal conviction. Contact the Law Office of Frank Ciardi for a free consultation with an experienced Rochester criminal attorney for robbery. Convenient payment plans are available.
