Best Criminal Defense Lawyers in Schenectady, NY

FAQs

• What is the non-emergency contact number for the local police station in Schenectady, New York?

  For non-emergency concerns, contact the Schenectady Police Department at (518) 630-0911 or the Schenectady County Sheriff's Office at (518) 388-4300.

• Where can I get a copy of police reports for incidents related to my case in Schenectady, New York?

  To get a copy of a police report, fill out and submit the online FOIL form at https://www.schenectadycounty.com/foil You need to input all available identifying and important information regarding your request, such as incident dates and locations, document names, and names of persons involved.

  Please indicate the specific documents you want to be copied. Copies cost $0.25 per page.

• If the Schenectady police calls, should you talk to them?

  Generally, it is advised that you do not speak to law enforcement without a lawyer present. Remember that what you say may incriminate you and be used against you in court. If you are asked to go to the Schenectady police station, consult with a criminal defense attorney first before consenting. The attorney can help you get released in case you are being charged and prevent you from making incriminating statements.

• Can your criminal defense attorney stand in for you in court if you live far from Schenectady?

  It is common for criminal defense attorneys in Schenectady to be allowed to appear in court for individuals charged with a misdemeanor, traffic violation, or DWI. In some felony cases, the attorney is also allowed to stand in for the defendant if the defendant has already appeared for the initial court sessions.

• Can criminal records in Schenectady, NY, be sealed?

  Yes. Criminal records of charges that the defendant was acquitted for, were dismissed, or were not pursued by the prosecutor are allowed to be sealed from public view. Some criminal convictions can also be sealed if 10 years have already passed since the conviction or release from incarceration (if sentenced). Criminal records for violent crimes and sex offenses are not eligible for sealing in Schenectady.

• What will happen if you violate your parole conditions in Schenectady, NY?

  You will be issued a warrant and sent to Schenectady jail until a decision is made regarding the alleged violation. Within 15 days of your arrest, you will undergo a preliminary hearing and then a final revocation hearing. If you have been found guilty of violating your parole, you will likely face additional incarceration of at least three months.

• What will happen if you refuse the Schenectady police officer’s request for a breathalyzer test?

  The Department of Motor Vehicles will most likely start suspension proceedings against you. Driving is a privilege that comes with the obligation of taking the breathalyzer test if the Schenectady police have reasonable cause to suspect that you may be impaired or intoxicated. Refusing the test may result in suspension for one year or more, even if it was eventually found that you were not guilty of DWI.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.