YOUR OPTIONS

PLEA BARGAINING — Not everyone wants to spend the time and money necessary for trial. Even if you believe you are guilty, it may be possible to negotiate with the District Attorney to reduce the charges against you. The prosecutor in each county establishes various guidelines to determine if the charges against you can be reduced. The charges against you and your prior record will be evaluated to make this decision.

TRIAL — Just because you were arrested doesn't mean that you are guilty. You must be proven guilty beyond a reasonable doubt. A variety of factors may, individually or when taken together, give rise to sufficient doubt that will allow a judge or jury to acquit you of the charges against you.

  WHAT WE DO

Every criminal case is unique, and each has its own facts. In order to thoroughly defend each Client, in every case we:

•  Carefully review police reports for errors, omissions and inaccuracies
  
• Examine all "search and seizure" issues - Was the stop of your car lawful? Was your detention lawful? Was there probable cause to arrest you? Did the police have the right to search you? Your car? Your home?
  
• Determine if the chemical test was properly administered in compliance with New York law; Subpoena the maintenance and calibration records of breath test machines used in your case
  
• Obtain an independent Lab test of any sample to be sure the test result provided by the police is accurate, that the sample is properly preserved, and that it has not been contaminated
  
• Fully advise you as to all issues listed above, and determine if a trial or negotiated settlement makes most sense in your case.
  
• Fully advise you of the steps you can take to present yourself in the most positive light possible to the Court and the Probation Department.

WHAT YOU CAN DO

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DON'T investigate your own case, what may seem like investigation to you may be witness tampering to the police and/or prosecutors. If an investigator is needed, your attorney will discuss hiring them with you.