“I was charged with Grand Larceny In The Third Degree under New York Penal Law 155.35 and I’ve been in custody in Buffalo City Jail for 4 days. They say I stole $10,000 in clothing. I don’t know why but my criminal defense attorney says the prosecutor offered a plea to Attempted Grand Larceny in the 4th degree. Should I accept this?”

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Clearly, I do not have enough information to provide you with an answer to this question and you should certainly discuss this question with your criminal defense attorney.

That being said, generally speaking, there are a number of factors your Criminal attorney buffalo new york may consider in determining his or her recommendation. First, he or she must weigh the evidence against you. If the evidence is not there and it appears unlikely that evidence will emerge later on, then this is not a very good deal. Clearly, if you did not engage in criminal behavior, pleading guilty to anything is not acceptable.

If, on the other hand, the District Attorney has fairly strong evidence against you, or you believe the district attorney will later discover such evidence, this may be a very good deal.

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Now, you may wonder, why would the district attorney offer such a nice deal if there is substantial evidence against you which could lead to your inevitable conviction? Your Criminal Lawyer in Buffalo New York should pick up on the fact that you are entitled to be released on your on recognizance, If you are held in custody for five days without being indicted. So, it is entirely possible that the District Attorney made this offer to your Criminal Attorney in Buffalo New York because this case would take substantial time.

Although  Criminal Defense Lawyer in Buffalo New York often note that the District Attorney ahs substantial more resources than defense counsel, the district attorneys office is not of unlimited resources. In other words, if the district attorney knows he or she cannot indict you within the time limits under CPL 180.80, then he or she may have reached out to your Criminal Defense Lawyer in Buffalo New York in an attempt to avoid the time this case could potentially require.

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Again, it’s impossible to know the precise reasons and the above is simply a speculation based on very limited facts.

For more questions, contact a Criminal Defense Lawyer in Buffalo New York,  Criminal attorney buffalo new york or criminal lawyer in buffalo new york

“I’m charged with a Grand Larceny in the Fourth Degree under New York Penal Law 155.30. At arraignment in buffalo city court, the judge did not set any bail. What can my criminal attorney in buffalo new york do to get me out?”

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Under New York’s CPL 180.80, the Prosecution must file an indictment, or a written certification that an indictment has been voted by the grand jury, within 120 hours from the arrest, or 144 hours if Saturday, Sunday, or a holiday falls within that time. The time spent in pre-arraignment custody does count toward these limits and the limits are in hours k not days.

If the accused is held without bail, this is generally the last opportunity for your Criminal Lawyer in Buffalo New York to get you released. If, upon application by your Criminal attorney in buffalo new york, the prosecution fails to indict within 120 hours, the accused must be released.

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Criminal Defense Lawyer in Buffalo New York may maximize the effectiveness of a 180.80 application by serving notice to the prosecution that the accused intends to exercise his or her rights to testify before the grand jury under CPL 190.50.  If the accused is still in custody, the prosecutor will need to move very quickly to indict within the timeline under 180.80. By providing the prosecution with written notice the accused intends to testify under CPL 190.50, your criminal attorney in buffalo new york essentially creates an additional burden for the prosecution. Not only must the prosecution indict within the time-limits, but he or she must also provide the accused with adequate notice, so the accused is not deprived of his or her right to testify at the grand jury.

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If the prosecution fails to indict the accused within the 180.80 time-limits, the court should not excuse the prosecution based on the prosecutor’s argument that he or she could not notify the accused in time. Furthermore, if the Prosecution does indict the accused within the time-limits under 180.80, but fails to notify the accused or provide sufficient time to preserve the accused’s right to testify at the grand jury, then your Criminal Defense Lawyer in Buffalo New York may move to dismiss the indictment. Following a dismissal of the indictment, the accused should be released from custody under 180.80.

For more questions, contact a Criminal Defense Lawyer in Buffalo New York,  Criminal attorney in buffalo new york or criminal lawyer in buffalo new york

 

“I got two prior felonies and I was just picked up on another felony in Buffalo. What kind of bail will be set?”

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Generally, the judge decides the amount of the bail.  Criminal Defense Lawyer in Buffalo New York should know the court will consider a number of factors when deciding whether to set bail, and if bail is set what type (cash, bond, or property) and how much. Although the criteria hinges on a number of factors, the analyses, generally speaking, is based on whether the accused will return to court. In other words, even if the accused has a lengthy criminal record, so long as he or she has a history of returning for court dates, this actually could work in his or her favor. Certainly, Criminal Defense Lawyer in Buffalo New York should emphasize this point, if the accused has a length criminal history.

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However, in serious felony cases or where the accused has two prior felony convictions, as Criminal lawyer buffalo new york know, the court will generally not set bail. In other words, the accused will be remanded. It may be possible for the accused to seek the assistance of the court’s program, or perhaps even the services of a detox center depending on what type of court the accused finds himself in. But at any rate, in the case of two prior felony convictions, bail, in all likelihood, will not be set.

Please be advised this is not legal advice. For a free consultation, contact a Criminal lawyer buffalo in new york

“the police arrested me in Buffalo New York and I didn’t do anything wrong! Are they allowed to do that?”

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First, clearly, more information is required for any Criminal Defense Lawyer in Buffalo New York

to analyze the particular situation you have encountered. That being said, it may be helpful to provide a very brief overview regarding what police need to justify an arrest.

Criminal lawyer buffalo new york should know a police officer is authorized to arrest any person whom they have probable cause to believe committed an offense. An officer is not necessarily required to actually witness a crime to have probable cause (unless in the case of a violation). In other words, police may justify an arrest based on what a third-party told them. However, this could present an issue once the accusatory instrument is filed. Criminal lawyer buffalo new york at that point could object to the accusatory instrument based on facial insufficiency where the information is based on hearsay. Although, to be clear, this is a separate topic entirely.

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Bottom line, regardless of what you may say to an officer in your defense, if police have probable cause to arrest you they almost certainly will. For this reason, it is almost always a bad idea to speak with police. It is extremely risky and generally police are able to extract incriminating evidence which greatly increases the likelihood the accused will be convicted of a crime.

Even statements that support your innocence could potentially hurt your case down the line. For this reason, you should not say anything to the police without first getting a Criminal lawyer buffalo new york

“I was charged with a felony and I’m about to get in indicted but my attorney hasn’t even filed any motions. What’s going on?”

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Generally, with a felony charge, Criminal Attorney in Buffalo New York cannot bring motions until after the accused is indicted and then arraigned following the indictment.

The time-periods for a felony may be confusing for someone who is not familiar with the process. For instance, the accused is initially arraigned right after being arrested (oftentimes within 24 hours) and then he or she will be arraigned again following the indictment. What makes this process even more confusing to individuals who have never gone through the system is that the second arraignment will occur in a completely different courtroom. While the first arraignment is in city or town court, the arraignment following the indictment is in “superior court” which is either the Supreme Court or the County Court depending on where in New York State.

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But getting back to the main point, generally, within the context of felony charges, Criminal lawyer in buffalo ny do not bring motions until after the second arraignment. In fact, a local court is not even able to dismiss a felony complaint under New York’s CPL 30.30, where the grand jury has not acted in over six-months (chargeable to the prosecution).

Now, one of the rare exceptions to the general rule regarding motions not being brought until after arraignment on the indictment, involves a motion under CPL 710.50(1)(b). Criminal lawyer in buffalo ny may bring a pre-indictment motion to suppress evidence. The court does, however, have discretion whether to entertain such a  motion.

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Again, if you find yourself going through the criminal process, it is very important to find a Criminal Defense Attorney in Buffalo New York

Please be advised, this is not legal advice. For a free consultation, contact a Criminal lawyer in buffalo ny, Criminal Attorney in Buffalo New York or a Criminal Defense Lawyer Buffalo NY

“I live in buffalo new york and have a child with my ex who lives in Lackawanna. We have a joint physical custody arrangement. Do I need to pay child support?”

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Generally, in a joint physical custody situation, the person who earns more money pays some support to the person who earns less.  The exact child support amount does not need to fit within the Child Support Standards Act and parties are free to deviate by an agreement, or the judge may deviate by court order.

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That being said, the Child Support Standards Act (CSSA) mandates that both parents are responsible for the support of the child, but the amount is up to the Judge (or Support Magistrate) to decide after hearing all the facts. As always, both parties could come to an agreement which would eliminate the need for the court to decide. The court will not require the wife to secure employment, but it could impute income to her based on past earnings or presumed earnings based on her education and work background

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Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation

 Please be advised, this is not legal advice. For a free consultation, contact a Criminal lawyer in buffalo ny, criminal attorney in buffalo new york, or a Criminal Defense Lawyer Buffalo NY

“The prosecutor should have evidence that will show I didn’t commit the crime I’m accused of! How can I get that evidence?”

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Under CPL 240.20(h), the prosecutor has an obligation to disclose exculpatory information to the Criminal Defense Lawyer Buffalo New York. When Criminal Defense Lawyer Buffalo New York make a request for discovery under CPL 240.20(h), it is imperative to consider as many specific demands as possible because a specific demand for evidence showing the accused is innocent makes it easier to establish a violation of CPL 240.20.

Exculpatory information essentially is evidence tending to show the accused may not have committed the crime he or she is accused of.

Getting back to the motion, criminal attorney in buffalo new york should carefully craft discovery for a broad range of specific information which is relevant and unique to the case at hand. Criminal attorney in buffalo new york who merely make general requests run the risk of ailing to establish a violation.

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Generally, Criminal lawyer in buffalo ny should also make broader discovery request which are likely relevant in all or most cases. Such requests could include demands for alibi evidence or evidence that any prosecution witness entered into a cooperation agreement, made prior inconsistent statements, committed prior crimes, failed to make an identification of the accused or other participants in the crime, or has a bias or motive to live.

Discovery is a critical part of the criminal process because this is where information can be obtained which could greatly assist in showing the accused did not commit the crime.

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Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation

Please be advised, this is not legal advice. For a free consultation, contact a Criminal lawyer in buffalo ny, criminal attorney in buffalo new york, or a Criminal Defense Lawyer Buffalo NY

 

“Are all felonies indicted by the grand jury?”

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Many felonies are not indicted because the criminal attorney in buffalo new york works out a deal with the District Attorneys Office. Some Criminal lawyer in buffalo ny believe that if a deal is not worked out before the grand jury, the DA’s office may not negotiate offers. However, in many cases, the District Attorney may offer a good deal to an enthusiastic Criminal lawyer in buffalo ny based on the belief that will save precious resources. This is one reason it is very important for criminal attorney in buffalo new york to anticipate the case will go trial. Even if 99 percent of cases do not go to trial, if the prosecutor believes the Criminal Defense Lawyer Buffalo New York is willing to go to trial, then that will likely lead to the best deal.

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In some cases, the offer before the Grand Jury may not be as good as an offer later on. One reason for this is because, prior to the Grand Jury, the prosecution may not be very familiar with the facts in the case. Although the prosecutor has likely put together a felony complaint, spoken to investigators, and probably has a general theory of the case, there are nevertheless many facts yet to be confirmed.
In the event that facts emerge which show the accused is either not guilty or less likely to be guilty, clearly, such a situation would warrant a better offer. This situation does arise in certain cases.

Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation

Please be advised, this is not legal advice. For a free consultation, contact a Criminal lawyer in buffalo ny, criminal attorney in buffalo new york, or a Criminal Defense Lawyer Buffalo NY

Should my attorney file the omnibus motion with the county clerk?

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Although this may not appear to be a significant issue,criminal defense attorney in buffalo new york, in addition to serving any motion on opposing counsel and the court, criminal defense attorney buffalo ny in a felony case should also file a copy of the motion papers (along with discovery requests with the county clerk’s office.

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Criminal defense attorney buffalo ny know by doing this, the filed papers will become part of the record on appeal. This is absolutely vital in all cases, but in particular when some of the disputed issues involve technical legal arguments which could largely depend on the judge deciding the issue.

Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation

Please be advised, this is not legal advice. For a free consultation, contact a Criminal lawyer in buffalo ny, criminal attorney in buffalo new york, or a Criminal Defense Lawyer Buffalo NY

“At arraignment in Buffalo, the court issued an order of protection against me and said I couldn’t talk to another person I know. Is that allowed?”

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Under CPL 530.13, a court in New York is authorized to issue an order of protection in conjunction with any criminal proceeding. Criminal Defense Lawyer Buffalo NY know this expands CPL 530.12 and allows for orders of protection to be issued not only in proceedings involving family offenses.

The reasoning for expanding this type of order was based on an increasing dissatisfaction for the previous method of issuing orders of protection involving allegations of threats, harassment, and other types of intimidation.

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As criminal attorney in buffalo ny were used to with the prior law, however, for the accused to be subject to criminal prosecution for the violation of an order of protection, he or she must, either orally or in writing, be advised of the contents of the order and the conduct it prohibited. If the accused is merely notified that an order of protection has been issued, in New York, it probably will not be enough.

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Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation

 Please be advised, this is not legal advice. For a free consultation, contact a Criminal lawyer in buffalo ny, criminal attorney in buffalo ny, or a Criminal Defense Lawyer Buffalo NY