Penn Yan Criminal Defense Attorney
Legal Representation for Criminal Charges in Western New York
Upstate New York Criminal Defense Lawyer Representing
At King Law, we handle a wide variety of criminal defense cases for clients in Penn Yan and throughout the Finger Lakes region. We know that people make mistakes, and misdemeanor charges are common for DWIs and assaults in and around Penn Yan. Our firm also commonly represents clients in a wide range of felony criminal cases, building strong defenses for each of our clients. The following are common types of criminal defense cases we handle in Penn Yan under New York law and federal law:
- Child pornography;
- Criminal mischief;
- Drug crimes;
- Federal crimes;
- Felony offenses;
- Internet crimes;
- Juvenile crimes;
- Misdemeanor offenses;
- Sex crimes;
- Student offenses;
- Theft crimes;
- Traffic tickets;
- Violent crimes; and
- White-collar crimes.
Whether you are under investigation in a criminal case or you have already been arrested or charged with an offense, it is essential to get help from an experienced criminal defense lawyer in Penn Yan. Even if you have worked with a lawyer for other matters such as a divorce or for issues involving trusts and estate work, you need to hire a lawyer with specific experience handling criminal defenses in upstate New York. A strong and effective criminal defense requires extensive knowledge and experience with the New York Penal Code and the wide range of criminal laws under which a prosecutor can charge a defendant with one or more offenses. At King Law, we defend clients facing accusations ranging from traffic violations and DWIs to serious violent crimes and federal felony offenses.
Avoiding a Criminal Conviction in Penn Yan
If you are currently under investigation or are a suspect in a criminal case, or the police have already arrested you or you have been charged with a specific offense, you need to do everything you can to avoid a criminal conviction in Penn Yan. The immediate consequences of a misdemeanor or felony conviction can result in a significant monetary fine and imprisonment. Even a violation or an infraction can, in some circumstances, result in up to 15 days in jail. Misdemeanor sentences can range from 16 days to up to a year in jail, and up to $1,000 in fines. Felony sentences can range from probation to up to life in prison, from a Class E felony up to a Class A felony.
Beyond the penalties associated with a criminal sentence in Penn Yan, you can also face serious social and personal consequences. For example, depending upon the type of criminal offense for which you are convicted, you may be ineligible for certain jobs in the Finger Lakes region, and you may be unable to rent or buy certain properties. Felony convictions can also limit your ability to obtain certain forms of credit. Moreover, you may be required to disclose your criminal record, and it may be accessible to the public.
How a Penn Yan Criminal Defense Lawyer Can Help
No matter what type of criminal offense you are facing, from a traffic violation to a felony, you should have a lawyer on your side to help you develop the strongest possible defense. A Penn Yan criminal defense lawyer can help you to understand your rights when you are being questioned and after an arrest. The police might try to convince you to speak with them, but you have the right to remain silent under the Fifth Amendment of the U.S. Constitution, and you also have a right to an attorney.
One of our experienced criminal defense attorneys in Penn Yan can assist you at every stage of the process, from investigations to a jury trial. A criminal defense lawyer at King Law will begin developing a defense strategy for your case by conducting our own investigation, looking closely at the way in which the police identified you as a suspect and began questioning you, and the circumstances surrounding your arrest. We can use various tools in our investigation, accessing materials like video surveillance, social media posts, phone records, and other evidence that can be useful in supporting your defense. Once we have a clear understanding of your case, we will identify the best defense strategy to help you avoid a conviction. In some cases, an affirmative defense might be best, or your best defense could involve proving that the police violated your rights.
Depending upon your case, we may be able to negotiate a plea deal with the prosecutor. When we take your case to trial, we will work to show that jury that they must find you not guilty based on the evidence presented.
Contact Our Penn Yan Criminal Defense Attorneys Today
If you or someone you love is facing criminal charges in the Penn Yan area, it is critical to get advice from an experienced criminal defense attorney in Penn Yan as soon as possible. Whether you are facing misdemeanor or felony charges, it is important to keep in mind that a criminal record of any type can have serious consequences, and even a misdemeanor conviction can result in jail time. Our firm can develop a defense strategy that is tailored to your case and can evaluate the circumstances surrounding your arrest to determine whether your rights were violated. Contact King Law today online or call us at (585) 270-8882 for more information.el.
How a Criminal Conviction Can Affect You
There is often an assumption that a criminal conviction is no big deal if you can avoid jail. And many judges will not order jail for misdemeanor offenses, especially if this is your first one. Many college kids picked up for criminal mischief or hazing figure that they can just accept the prosecutor’s plea deal and be done with it.
This attitude is a mistake. Jail is not the only penalty that a person will face. Any criminal conviction, even for a misdemeanor, will stay on a person’s record for the rest of their life. This means that it will come up years (even decades) down the road whenever a person applies for a job, tries to rent an apartment, applies for a loan, or submits an application for college. It is not unusual for employers to throw an application in the trash if they see that the applicant has a criminal conviction, regardless of how old it is.
To protect yourself, you need to mount an aggressive criminal defense. Now is not the time to hope that the prosecutor will take it easy on you because you are an upstanding member of the community. Instead, you need to do everything possible to avoid a criminal conviction.
Those with a felony conviction face the harshest consequences of all. In New York, felons lose several important rights, such as the right to vote, serve on a jury, run for public office, and possess or own a firearm. Getting these rights back is a long, complicated process and best avoided in the first place, if at all possible.
What to Look for in a Good Criminal Defense Attorney
A criminal defense attorney must have unique experiences to excel. Winning is very difficult – the police are not supposed to represent innocent people. In many places the police even have discretion about whether or not to arrest people that are guilty if they do not believe justice would be served by the arrest. The deck is usually stacked against a criminal defense lawyer at the outset. Many criminal lawyers never dig deeper than the initial information and move for a quick plea. This is usually a mistake.
A good defense lawyer must be able to win many different ways. The skills build on each other but are separate in my opinion. These specific areas a lawyer must be able to excel in to be the best are Investigation, Technical Legal Defenses, Negotiation and Trial.
Strong criminal defense begins with investigations. We do our own investigations and don’t rely on what the police give us. There is usually some favorable evidence out there. If there isn’t that is important to know also. We have had tremendous success with private investigators, subpoenas for phone records, subpoenas for video surveillance, Thruway driving records, and all forms of social media records. The evidence we uncover often proves that an incident did not happen the way it says in the reports.
Technical Legal Defenses
Technical legal defenses are typically brought by written motion to a judge. They include things like motions to dismiss for defective paperwork and motions to suppress evidence for illegal search and seizure. When successful, these motions result in evidence getting tossed out of court, which makes it that much harder for the prosecutor to secure a conviction. Imagine a drug case where the police cannot introduce the bag of cocaine. Or a weapons charge where the judge bars the introduction of the weapon. Suppressing evidence makes it that much harder for the police to show that our client is guilty of the offense beyond a reasonable doubt.
Technical legal defenses are the kind of thing you learn in law school and are really the bare minimum for competent criminal defense lawyers. Nevertheless, far too many attorneys overlook them. For example, they might avoid challenging a lineup as unduly suggestive before trial but argue bias to the jury. The tainted eyewitness identification comes in and, even worse, the defendant might not even be able to appeal the issue. That type of representation can harm a client.
Sometimes an experienced criminal defense lawyer can raise a technical legal defense in a more informal conversation with a judge or prosecutor and use it for leverage to force a favorable settlement. At a minimum, raising technical defenses the right way at the right time preserves them for appeal should the defendant lose at trial.
For many people the most important role of their criminal defense lawyer is negotiating a resolution to their case. It is important for a criminal lawyer to discuss the proof against the defendant, the potential defenses and likelihood of success. There is never a guarantee in trial, which leads to both sides wanting to settle most criminal cases. The skilled negotiator uses what they have learned to create doubt in the mind of the prosecutor, thereby forcing the best possible plea offer. A skilled defense lawyer may also use a tactic we refer to as a moral defense (not really a defense at all) which suggests to the prosecutor the defendant has learned from the situation and won’t do it again. A strong moral defense is supported by documentation. Things like drug treatment records, letters of support and proof of community service often help our application. A good negotiator has the skills to backup their negotiations – their reputation as a lawyer must force the prosecutor to take their positions seriously.
A trial is where a criminal lawyer wins or loses. At trial, it is the prosecutor’s burden to prove each element beyond a reasonable doubt. Many criminal defense lawyers find it is the best strategy to poke holes in the prosecutor’s case. We have done that. In our opinion, the best defenses try to present their own evidence that actually tends to prove the defendant innocent. This trial strategy requires significant investigation but has been very successful. Our lawyers have tried 75 Jury trials.
Jury selection is also a crucial aspect of any trial. Many jurors simply assume that the defendant is guilty and will go along with the prosecutor’s presentation of evidence. However, there are some potential jurors who will listen to the evidence fairly and use critical thinking skills to analyze whether the evidence tends to show guilt or innocence. We strive to find as many of these jurors as possible and get them on the panel that will hear a case.
Objecting to unfair evidence is another key part of any trial. Prosecutors often try to inflame jurors against the defendant and can use unfairly prejudicial evidence. For example, a prosecutor might try to show that the defendant hangs out with other criminals or has a history of criminal behavior. There is no place for this type of “guilt by association” evidence, but you need an attorney who objects to it appropriately, otherwise, it could come in and sway a jury.
We believe that a solid criminal lawyer investigates a case fully. Our former experience as prosecutors taught us how to investigate and build a case. Now we build cases for criminal defendants. We then apply the facts to the law and create technical legal defenses. We have tried many cases and our adversaries know it. Because of our investigations, legal defenses, and trial history, we negotiate from the strongest position possible.
Criminal Defense FAQs
No One Read Me My Miranda Rights; Does This Matter?
With every case, there are certain factors that may determine the overall outcome of your case. If you were not read your rights, there are a few things that the firm will look at: Did you make an incriminating statement? Were you interrogated while in police custody? If so, the statement may be kept out of court. In some situations, not being read your rights can act in your favor, but it is important that you speak with an attorney first.
The Police Didn’t Have a Search Warrant; Can They Still Use Evidence They Find?
Maybe not. The law regarding unreasonable searches and seizures is complex. Generally, police need a search warrant before they can search your home or person, but there are many exceptions. And a person can always consent to have their property searched. If you own a home with your spouse, for example, he or she can give permission, perhaps unwittingly. We closely analyze the facts of any search and bring appropriate motions to get evidence suppressed if we believe the police violated your Constitutional rights.
How Long Will The Criminal Process Take?
Each case is unique to the individuals involved, and an attorney can help you determine how long your particular situation may take. Scheduling is left up to the judge, and the court system can be slow. The average life of a case can be anywhere from six to nine months, with some exceptions. Working with a lawyer can help ensure that you have all proper paperwork completed on time and ensure that process is as streamlined as possible.
Why Should I Retain King Law for My Criminal Case?
At King Law, you can rest assured that your case is in good hands with our Penn Yan, NY criminal defense attorney. Several years ago we started having a “second chair” or second lawyer on our most serious cases. We had some great results working together. The simple fact is there are hundreds of decisions made by a criminal defense lawyer during a criminal case. Nobody gets every decision correct. We found that the second lawyer improved decision-making. There was also the benefit of discussing strategic decisions with another lawyer. About a year ago we decided to put two lawyers on every single case. Our results have been outstanding. Two educated lawyers have meant better results, but also better service for our clients. There is always a second person to take a phone call or discuss strategy.
Don’t Take Our Word For It
Hear Directly From Our Past Clients
“If you want the best then Robert King is your man.”
“Mr. King changed the trajectory of our lives for the better vs. what could have been a terrible outcome.”
“He got an unbelievably great verdict in an impossible situation!”
No case is too complex for Attorney King. Some of our results include:
Assault in the First Degree – Dismissed
Aggravated DWI with .37 BAC – Reduced to a fine
Rape in the First Degree – Dismissed
Harassment & Child Endangerment – Dismissed
Possession of Heroin & Cocaine – Dismissed
Contact a Penn Yan Criminal Defense Attorney at King Law to Protect Your Rights
Are you considering speaking with a criminal defense attorney regarding your case? Now is the time to contact King Law and retain the representation of an aggressive and highly experienced lawyer. The firm can investigate every element of your case to ensure that your rights were never infringed upon during the arrest or investigation.
OUR RESULTS SPEAK FOR THEMSELVES.
Criminal Sale of Marijuana
Result - Dismissed
Rape in the First Degree
Result - Dismissed
Settlement - $105,000