Advocating effectively is not as easy as it seems. Understanding the criminal justice system in a practical sense takes experience. Doing your homework on your client’s criminal case to put him or her in the best position to resolve that case favorably takes diligence. The end result, however, can be well worth all the work for both the accused and the criminal defense attorney who secured justice. In fact, for a few recent Saland Law PC clients, what were originally nightmarish experiences ended in closed cases, non-criminal dispositions and outright dismissals.
Without going into the details of each case, only days ago the New York criminal defense attorney’s navigated a client charged with Fourth Degree Grand Larceny, New York Penal Law 155.30, and other crimes to a final resolution of a Disorderly Conduct. What made this case remarkable was that the client was arrested for felony shoplifting and was a predicate felon for multiple prior felony convictions involving shoplifting. Instead of a mandatory one and a half to three years in prison minimum sentence or even a generous offer of a misdemeanor, Saland Law PC’s criminal defense lawyers convinced prosecutors that neither a prison sentence nor further misdemeanor record served a greater good. Instead, the case could be used as a tool to push our client to get the help needed to stop the criminal cycle.
In addition to the above individual, another Saland Law PC client who had been charged with Third Degree Grand Larceny, New York Penal Law 155.35, also avoided a criminal record. This client was accused of stealing north of $10,000 in rare comic books from a store’s proprietor and selling some of those comic books on Craigslist. Like the above client, the advocacy of Saland Law PC’s New York criminal defense attorneys resulted in a Disorderly Conduct violation. Sealing in one year, the client can “walk away” from what was objectively a significant mistake, but one that will not scar our client in perpetuity.
Two other clients fared even better after the District Attorney’s Office dismissed their respective misdemeanors. One of the clients had been accused of falsifying an application for a New York State drivers license and was originally charged with the felonies of Second Degree Forgery, New York Penal Law 170.10, Second Degree Criminal Possession of a Forged Instrument, New York Penal Law 170.25, and First Degree Offering a False Instrument for Filing, New York Penal Law 170.35. Initially getting the cases knocked down to misdemeanors after our client’s felony arraignment, the final resolution to the criminal saga was no plea at all, but instead a complete dismissal. Similarly ending in a dismissal, another Saland Law PC client pushed back against allegations of Third Degree Assault, New York Penal Law 120.00, while our criminal lawyers convinced prosecutors that the complainant both lacked credibility and was simply untruthful.
There is no doubt that securing two dismissals and two non-criminal pleas on four separate cases involving felonies and misdemeanors are more than favorable results. There are very few clients who would be willing to turn down non-criminal plea offers in the face of overwhelming evidence and nobody would, or for that matter could, reject a dismissal. What put these clients in a favorable position in putting their arrests in their pasts was the right combination of the advocacy and diligence mentioned above and their willingness to listen to counsel as to how to identify and implement the strongest and best defense.
To learn more about the crimes mentioned in this blog entry – Grand Larceny, Criminal Possession of a Forged Instrument, Offering a False Instrument for Filing, and Assault – simply follow any of the links provided here. Further anecdotes and information on case results are available both on this blog and at New-York-Lawyers.org.
New York criminal lawyers representing clients in the New York City and Hudson Valley region, Saland Law PC was founded by two former Manhattan prosecutors.