Most people never imagine that they will be arrested and charged with a crime and assume that anyone who is arrested must be a criminal.
The truth is that anyone can be arrested. A mistaken identification, a misunderstanding or dispute with the police or another
party, even simply being in the wrong place at the wrong time can lead to being taken into custody by the police and charged with
an offense. Being arrested can be one of the scariest moments in anyone's life. Suddenly your liberty is taken away and
you may face the prospect of months or years of incarceration. The whole criminal adjudication process is both intimidating
and confusing.
Felonies are the most serious category of criminal offenses and in legal theory are acts committed with
an "evil intent." They include crimes such as murder, manslaughter, burglary, arson, certain types of DWI and many different
drug offenses.
The penalties that can be imposed following a convicted for a felony may include one or more years of incarceration in a state prison,
up to five years probation, up to five years post release supervision and substantial fines. With only a few exceptions felony
convictions create a permanent criminal record.
Felonies are prosecuted by "indictment" of a Grand Jury, which is a body of 23
people who meet in closed session are presented evidence of the possible commission of a felony offense. If a majority of the
members of the Grand Jury believe that the prosecutor has presented sufficient evidence to constitute "probable cause" to believe
that a person has committed all the elements of a crime they will vote a "bill of indictment." Once indicted a felony case is
handled in either County Court or
Misdemeanors are a category of offenses that are still considered "crimes," but are not considered to be as serious as felonies. They include crimes such as DWI, petit larceny, several forms of drug possession, etc. Like felonies, a misdemeanor conviction results in a permanent criminal record. Penalties for a misdemeanor conviction include up to 1 year in county jail, fines and up to 3 years probation. Misdemeanors are prosecuted in local courts (in a city they are handled in City Court, in all other areas of NYS they are handled in local town or village courts).
Dealing with the power of the State to arrest and prosecute you isn't something that anyone
should try to deal with on their own. More important than any other factor, who you retain as a lawyer to defend you can determine
how likely you are to have your case fairly and completely adjudicated. Fortunately, in the
Glenn Magnell is available to provide energetic, knowledgeable and professional legal representation regarding arrests or tickets related to speeding, DWI and misdemeanors and felonies.
For more information on on DWI & DWAI click here.
For more information about Parole and Probation click here.
For more information about Your Rights if Arrested click here.
Please note: Information on this website is intended to inform, not to advise. No one should attempt to interpret or apply any law without the assistance of an attorney that is familiar with that area of law, the rules of the court involved and the specific facts of each individual case.
NOTICE: In compliance with the New York State Attorney's Code of Professional Conduct this website and all information contained within should be considered ATTORNEY ADVERTISING.
Phone: 845-294-0585
Fax: 888-724-5470
Email: gmagnell@stormkinglaw.com
Unlike many other defense attorneys I am NOT a former Assistant District Attorney nor a former police officer. I don't judge our clients, I just defend them. In fact, I came to the practice of law as a second career. Prior to becoming an attorney I spent 20 years as a business executive, eventually running a large subsidiary of a Fortune 500 company. While those years in private business were challenging and rewarding, there came time that I wanted to do something different and more directly related to assisting other people. So, I left the business world, went to law school, passed the New York State bar exam and became a practicing attorney. You can read my full bio here and meet our staff here.
If you'd like to read what some of past clients have thought of our work, you can read about it here.
Phone: 845-294-0585