Ask a Buffalo Criminal Lawyer: What is Youthful Offender Status?

Youthful Offender status ny is determined by the judge where the defendant is charged with a felony

Persons who are 16 through 18 and have no previous felony conviction or YO adjudication are eligible under CPL 720

Under New York’s Youthful Offender Law, Criminal Procedure Law 720, a youth aged 16 through 18 who is charged with a crime is tried in adult court but may be eligible for special consideration. Such special considerations, once granted youthful offender status, could include being spared a criminal record and receiving lesser sentence that would otherwise have applied after a conviction on the charges.

The underlying purpose of the Youthful Offender status is to avoid stigmatizing youth between the ages of 16 and 19 with criminal records triggered y hasty or thoughtless acts which, although crimes, may not have been the serious deeds of hardened criminals.

To be eligible for youthful offender status ny, the age of the defendant must be 16 through 18 without any previous felony vocation or YO adjudication.  However, an individual who does have a previous record may nevertheless be made an eligible youth a the discretion of the judge, under CPL 720.(1)(a). There are also certain crimes which may render the individual not eligible. When the defendant is accused of a felony, such as fourth degree grand larceny, under the Youthful Offender law, the youthful offender status is discretionary. This simply means the judge has the discretion to make these decisions upon proper motion by the criminal defense attorney or where the District Attorney and counsel for the defendant agree the situation fits the criteria of a youthful offender exception.

The Tabashneck Law Firm provides passionate criminal defene with Buffalo Criminal Attorneys who fight for clients in criminal cases

Criminal Lawyer Buffalo NY

Although the criminal defense lawyer and the district attorney may agree to youthful offender status, it is not required. In situations where the defendant has been tried, defense counsel may raise the issue of youthful offender status at sentencing. At sentencing, the point at which a guilty verdict would be officially turned into a judgment of conviction, the court decides whether an eligible youth will actually be given Youthful Offender status. If YO status is granted, the criminal conviction is set aside.

Please remember the criminal law is very complicated and this is not legal advice. If you know someone who could benefit from the Youthful Offender law, contact a criminal defense lawyer who is familiar with the law for immediate help.

Can a criminal witness be questioned about a prior conviction?

Prior convictions must be raised by the buffalo criminal lawyer

Buffalo Criminal Attorneys must raise the issue of prior convictions with witnesses whenever relevant

In New York, within the context of a criminal case, a buffalo criminal attorney may impeach a witness by asking whether he or she was previously convicted of a crime. If the witness answers in the negative or even provides a mixed answer, the adverse party, under New York’s Criminal Procedure Law 60.40 and CPLR 4513, may independently prove the conviction. Under Criminal Procedure Law 4513, the evidence law reads accordingly: A person who has been convicted of a crime is a competent witness; but the conviction may be proved, for the purpose of affecting the weight of his testimony, either
by cross-examination, upon which he shall be required to answer any relevant question, or by the record. The party cross-examining is not concluded by such person’s answer.

Buffalo criminal attorneys must bring up the prior conviction along with any criminal records

Criminal records are not always accurate which may lead a person to suffer grave consequences.

In other words, the buffalo criminal lawyer may provide documentation of the conviction in order to resolve the matter with the witness. While generally such “independent evidence” would be considered “collateral matters” and as a result, the buffalo criminal attorney is bound by the witness’s answers, the use of this sort of evidence within this context is an exception to that general rule.

 

However, if a defendant through another witness, offers character evidence (evidence of a particular trait about defendant), under CPL 60.40(2), the buffalo criminal attorneys for the prosecution may independently prove defendant’ previous conviction, to negate the character attribute.

There is a limitation to this rule, however. For instance, a buffalo criminal lawyer cannot use an arrest without also providing the conviction. Along similar lines, where a witness was arrested but not convicted, the use of the arrest for impeachment purposes is not permissible.

The Tabashneck Law Firm provides passionate criminal defene with Buffalo Criminal Attorneys who fight for clients in criminal cases

Criminal Lawyer Buffalo NY

It is not easy to understand the Criminal law in New York. Sometimes it’s best to ask a Buffalo Criminal Attorney for guidance. If you are looking for free legal advice buffalo ny from a criminal defense attorney buffalo ny, and facing criminal charges or in the middle of a criminal case, contact a criminal lawyers buffalo ny,  criminal lawyer buffalo ny, or  criminal attorney buffalo ny

Ask a Buffalo Lawyer: Does Defendant have a right to testify at Grand Jury?

criminal lawyers buffalo ny should be familiar with the process of the grand jury under New York's criminal law

Criminal lawyers buffalo ny must advise clients of their right to testify at the grand jury

In New York, the defendant must be given an opportunity to testify at the grand jury before the grand jury votes. Under New York law, the grand jury must find sufficient evidence is present to vote to indict. If the prosecution fails to allow the defendant to testify before the grand jury, a buffalo criminal attorney may move to dismiss the indictment. However, if the criminal lawyer buffalo ny motion is granted, it will be without prejudice to re-presentment.

Criminal lawyers buffalo ny may request the court grant dismissal based on the condition that defendant testifies before the new grand jury. However, if the defendant then chooses not to testify, the court cannot then reinstate the previous indictment.

Criminal attorney buffalo ny must make the motion to dismiss the indictment within five days of arraignment on the indictment or it is waived. Also, because this motion is made under New York’s  CPL 190.50, criminal lawyers buffalo ny who make this motion do not waive the motions which are part of the omnibus motion under CPL 255.20(1).

Criminal Lawyers Buffalo NY may make a motion to dismiss an indictment under CPL 190.50

A Buffalo Criminal Attorney must be familiar with the grand jury process outlined under CPL 190.50

It is not easy to understand the Criminal law in New York. Sometimes it’s best to ask a Buffalo Criminal Attorney for guidance. If you are looking for free legal advice buffalo ny from a criminal defense attorney buffalo ny, and facing criminal charges or in the middle of a criminal case, contact a criminal lawyers buffalo ny,  criminal lawyer buffalo ny, or  criminal attorney buffalo ny

Ask a Buffalo Criminal Attorney: When will I be arraigned on felony criminal charges?

Attorneys in Buffalo ny recognize the Tabshneck Law Firm is the Best Criminal Defense Attorney in Buffalo NY

The Tabashneck Law Firm   Criminal Defense Attorney     Buffalo NY

Criminal Attorneys Buffalo NY understand an arraignment is the formal entry of a plea to a charge and it is critical that you have a criminal lawyer present to protect your rights. When the accused is facing criminal charges and indicted on a felony criminal charges, the defendant generally will be arraigned on the criminal charges in both local court, and once indicted, then the criminal case goes up to superior court. At the arraignment, the person accused of the crime has a right to a criminal defense attorney buffalo ny If the criminal charges stem from events in Buffalo, then the arraignment will take place first in Buffalo City Court, and then in Supreme Court. Both courts are located in Downtown Buffalo.

Unlike the arraignment in the local court where the judge decides bail, in the superior court, the accused is presented with the opportunity to enter a plea of not guilty. Although some Buffalo ny criminal attorneys may enter a plea of not guilty at the local court arraignment, the more appropriate time to do this is during the arraignment following the indictment. The most precise way to handle the issue at a preliminary hearing is for the Criminal lawyer in buffalo ny to state “I waive a public reading of the charges and reserve the right to enter a plea at the appropriate time and wish to be heard on the issue of bail.” Then, if the accused is indicted, he or she may enter a Not Guilty plea.

Criminal Lawyers Buffalo NY who provide Passionate Criminal Defense with Compassion and Understanding

Criminal Defense Lawyer in Buffalo New York

If you are facing criminal charges, contact a Criminal attorney in buffalo ny, criminal attorneys in buffalo new york, Criminal Lawyers in Buffalo Ny or a Criminal Defense Lawyer in Buffalo New York for more information.

Ask a Criminal Lawyer in Buffalo NY: What is the Grand Jury’s Role?

Criminal Attorneys in Buffalo NY must be familiar with the grand jury process.

The Tabashneck Law Firm provides high quality criminal defense to those facing criminal charges in Buffalo NY

The process for conducting a Grand Jury is outlined under New York’s Criminal Procedure Law 190.50.

The Grand Jury is a group of citizens who serve for a definite period of time, whose sole job is to hear felony cases presented by Prosecutors. The Grand Jury includes as few as sixteen but not more than twenty-three people.

To be clear, a Grand Jury does not determine a defendant’s guilt or innocence. A Grand Jury simply decides whether or not they believe there is reasonable cause to believe that the Defendant committed a felony offense.

In the Grand Jury, under New York’s Criminal Procedure Law 190.50, the District Attorney in Erie County presents the evidence against the defendant. There is no judge in the Jury chamber and the criminal defense lawyer is not present, if the defendant chooses not to testify.  CPL 190.50 is also clear that it is up to the Prosecutor to make sure that he is following the applicable rules of evidence, or else risk the indictment being subsequently dismissed by a judge. The Grand Jurors are allowed to ask questions and request that they receive proof, such a photographs, testimony from certain witnesses, and or other tangible evidence. As long as what the Grand Jurors’ request is legally permissible, the District Attorney in Erie County must provide it.

Criminal Defense Lawyers in Buffalo NY should be familiar with the grand jury process. Buffalo Criminal Lawyers are not permitted to be present at the grand jury without the defendant.

The prosecution presents the criminal case to the Grand Jury

In a Grand Jury proceeding, the criminal lawyer for the defense is not permitted to cross examine the witnesses. In fact, because the Grand Jury is a secret proceeding, the defendant and his or her criminal lawyer are not even permitted to be present. If, on the other hand, the Defendant chooses to testify, hopefully with the advise of his criminal defense lawyer, which is his constitutional right, is he allowed into the secret proceeding.

If the Defendant testifies at the Grand Jury, then his criminal lawyer may be present, but he or she will not be able to present any information, cross-examine witnesses, or even object. The Grand Jurors, however, can ask questions and based upon the testimony, request to hear from other witnesses or see certain documents.

If the Grand Jury believes that a felony has been committed in violation of the criminal law, they vote to indict the person. This is called a true bill. An indictment is not proof of any guilt; it is only the legal mechanism by which prosecutors can proceed to trial. If the Grand Jury believes that no criminal offense has been committed, felony or misdemeanor, they vote to dismiss the criminal charges. This is called a no true bill. The Grand Jury can also reduce the felony charges against a person to misdemeanor charges. This is called voting a Prosecutor’s Information.

Decisions and strategy concerning Grand Jury action are critical for a defendant in a felony and must be considered with the assistance of a qualified Criminal attorney in buffalo ny

Passionate Criminal Defense with Compassion and Understanding

Criminal Defense Lawyer in Buffalo New York

If you are looking for lawyers in buffalo ny free consultation and facing criminal charges or in the middle of a criminal case, such as a dwi cases, contact a criminal attorney buffalo ny, criminal attorneys in buffalo new york, criminal lawyer buffalo ny or a Criminal Defense Lawyer in Buffalo New York for more information.