Criminal Law

For a number of years prior to 2013, the stop-and-frisk practices of the New York Police Department (NYPD) raised serious concerns over racial profiling, illegal searches, and privacy rights in New York.

Until 2013, minorities in New York City were subject to “stop-and-frisk” procedures conducted by NYPD officers. Individuals were stopped, searched, questioned, and sometimes illegally detained and harassed by New York police officers who were purportedly investigating crimes.

What are the current rules for stop-and-frisk in New York? What steps should you take if you are arrested on the basis of a stop-and-frisk? Can a Long Island drug crimes lawyer help?

HOW DID STOP-AND-FRISK IN NEW YORK CHANGE IN 2013?

In Floyd v. City of New York (2013), a U.S. District Court ruled that stop-and-frisk was being used unconstitutionally in New York City. The judge ordered the NYPD to adopt a policy that spells out how a stop-and-frisk is to be conducted without violating anyone’s legal rights.

In 2011, over 685,000 people were stopped and frisked in New York. The practice was widely criticized because persons in racial minorities were stopped in far greater numbers than non-minority individuals. In 2015, only about 23,000 persons were stopped and frisked in New York.

Although a number of reforms have been put in place since 2013, concerns about stop-and-frisk remain. Stops still tend to target people of color, but the NYPD claims that most of the stops that are now being made are based on suspect descriptions provided by victims and other witnesses.

WHAT IS THE RIGHT TO KNOW ACT?

The Right to Know Act was passed by New York’s City Council in 2017 as a response to the NYPD’s previously aggressive use of stop-and-frisk. The law took effect in 2018. It spells out what police officers must do before searching individuals, their possessions, or their residences.

The Right to Know Act has two provisions. The first provision is that a New York police officer must provide his or her name, rank, command, and shield number to a civilian before any stop-and-frisk may be conducted.

Officers must carry business cards with this information. The cards also direct civilians who want to file a complaint or who want to request a body-cam recording of the encounter to the New York City Civilian Complaint Review Board.

WHAT ELSE DOES THE RIGHT TO KNOW ACT REQUIRE?

The second provision of the Right to Know Act spells out precisely what steps police officers are to take when they seek to conduct a search, but they do not have any legal justification to conduct the search without the person’s consent.

In these cases, the law requires an officer to explain that a search will not be conducted if the person doesn’t consent to the search. The law requires officers to document these requests and, if necessary, to use language interpretation services pursuant to the NYPD’s language access plan.

Here is what New Yorkers need to know about the current stop-and-frisk rules. Let’s say that an officer thinks that someone on the street has a concealed weapon. The police officer can ask who the person is and where the person is going without having to provide any reason for asking.

However, if the police officer asks if the person has a weapon, or if the officer frisks the person, that officer must have an objective, reasonable cause to believe that the person has committed a crime, is committing a crime, or is about to commit a crime.

WHEN DOES THE NYPD NEED YOUR CONSENT TO FRISK YOU?

If the police officer does not have an objective, reasonable cause for frisking a person, the officer must ask for and obtain that person’s consent in order to frisk the person.

The Right to Know Act ensures that New York City police officers ask plainly for consent to conduct any searches that require consent. Police officers must inform people that they are not required to consent to a search and that a search will not be conducted without their consent.

The consent requirement does not apply to warranted searches or to searches conducted under standard exceptions to the Fourth Amendment’s protections. For example, consent is not needed if an officer sees evidence of a crime in plain view or if quick action is required to save lives.

If a New York City police officer does not ask for your consent to a search, or if you are not sure whether the situation requires the officer to ask you for consent, you may simply (and politely) say something like, “I’m sorry, officer, but I do not consent to being searched.”

WHAT CAN YOU DO IF THE POLICE VIOLATE YOUR RIGHTS?

If you believe that a New York City police officer has violated the law during a stop, a search, an interrogation, or any encounter with you, you may file a complaint with the New York City Civilian Complaint Review Board, which investigates charges of police misconduct and abuse.

However, if you are placed under arrest and charged with a crime on Long Island or in New York City as the result of a stop-and-frisk, it is imperative for you to contact and consult with an experienced criminal defense attorney as quickly as possible. Do not procrastinate.

You will need to have a sharp and savvy criminal defense lawyer advocating on your behalf.

WHAT WILL A CRIMINAL DEFENSE LAW FIRM IN NY DO FOR YOU?

Your defense attorney will examine the charge against you and the behavior of the police. If the police violated your rights in any way during an investigation, interrogation, search, or arrest, it is possible that your attorney may be able to have the charge against you dropped or dismissed.

New Yorkers and visitors to New York are sometimes wrongfully stopped, wrongfully searched, and wrongfully arrested. If that happens to you, you have legal rights and protections, and when it’s necessary, you can put the law to work on your behalf. A criminal defense lawyer can help.

If you believe that you are or have been the victim of a wrongful arrest or any other police abuse or brutality in New York City – or anywhere else in the state of New York – speak immediately with an experienced Long Island criminal defense attorney. A good lawyer’s help is your right.

Every criminal case in the state of New York is unique – and so are the final outcomes of those cases. A good assault and battery lawyer will weigh all of the factors in a case in order to develop an effective defense strategy on a client’s behalf.

If you are charged with a crime on Long Island or in New York City, depending on the details of the case, it is possible to have a criminal charge dropped before the case goes to trial. Charges can be and frequently are dropped or dismissed by prosecutors or by the courts in New York.

WHEN CAN CRIMINAL CHARGES BE DROPPED OR DISMISSED?

In what circumstances can a criminal charge be dismissed in the state of New York? Listed here are the most common legal grounds for the dismissal of criminal charges:

1. lack of probable cause for the police to stop, search, or arrest you
2. insufficient, tainted, or missing evidence
3. a mistake or flaw in the legal paperwork
4. the unavailability of a witness, or a witness has changed his or her testimony

WHAT IS PROBABLE CAUSE?

The Constitution protects you, your home, properties, and vehicles from “unreasonable” searches and seizures. The police cannot search you or arrest you on a “hunch.” If the police stop, search, or arrest you, they must have particular reasons and evidence that provide probable cause.

“Probable cause” is evidence that leads to and supports a plausible belief that a crime has been committed and that the person under suspicion should be stopped, searched, arrested, and/or charged with committing that crime.

If your defense attorney can persuade a prosecutor or a judge that you were stopped, searched, arrested, and/or charged in violation of your constitutional rights, the prosecutor may drop the charge or the judge may have the charge dismissed unless there is further evidence against you.

WHAT CONSTITUTES INSUFFICIENT EVIDENCE?

Insufficient evidence simply means that a prosecutor does not have enough evidence to prove the charge against you beyond a reasonable doubt.

However, you must be represented by an aggressive and experienced Long Island criminal defense attorney who can demonstrate that the state’s evidence against you is tainted, lost, or insufficient to convict you of committing a crime.

If a charge was filed against you based on the statements of one or more witnesses, and those witnesses are unavailable to testify – or if the testimony changes and is no longer useful to the state – the prosecutor may have no choice but to drop the charge.

WHAT LEGAL MISTAKES CAN LEAD TO A CHARGE BEING DISMISSED?

How often do you hear about a criminal charge or a traffic ticket getting tossed out of court because a police officer or a prosecutor failed to follow a particular procedure or made a mistake in the paperwork – like spelling a name wrong or transposing some numbers?

Honestly, a misprint or a misspelling is almost never the reason why a charge is dropped or dismissed. One place where mistakes are frequently discovered is in the charging document itself – the legal paperwork that represents the criminal charge being filed against a defendant.

When a court decides if a mistake in the charging document requires a dismissal of the charge, the court’s concern is whether the mistake has caused any prejudice to the defendant, meaning any unfairness or surprise that impairs a defendant’s ability to mount an effective defense.

CHARGES “DROPPED” OR “DISMISSED” – IS THERE A DIFFERENCE?

In casual discussions, the phrases “dismissing a charge” and “dropping a charge” may be used imprecisely and interchangeably. However – and although both are good outcomes for a defendant – dismissing a charge and dropping a charge are two distinct legal actions.

A prosecutor may “drop” a charge at any point in the process may simply choose not to file a charge after someone has been arrested. A prosecutor or a judge, however, cannot “dismiss” a charge until the charge has been filed.

ARE CHARGES DROPPED OR DISMISSED FOR OTHER REASONS?

In addition to the reasons discussed above, there may be practical rather than legal reasons why a New York prosecutor decides to drop a particular charge. Those reasons may include:

1. Limited resources: New York’s overcrowded courts and overworked prosecutors want to use resources efficiently and focus on high priority cases. If you’re charged with only a minor crime, there’s a good chance that the charge can be dropped or dismissed.

2. Leniency to first offenders: If it’s a minor crime, and especially if you are a first-time offender, a criminal defense attorney may be able to persuade the prosecutor to drop the charge.

3. Cooperation with the state: If you can provide a prosecutor with evidence for another case, the prosecutor may consider dropping any charges in exchange for your evidence and/or testimony.

ARE YOU UNDER INVESTIGATION?

If you are being investigated for a crime on Long Island or in New York City, or if you believe that you are suspected of a crime, speak to a defense attorney as quickly as possible.

This is important: Do not – under any circumstances – speak to an investigator, a police officer, or a prosecutor unless your own attorney is present.

The involvement of a criminal defense lawyer may speed up a criminal investigation, and your attorney may be able to “get in front” of the case, persuade the prosecutor to file no charges, or negotiate for a reduced charge and an acceptable plea agreement.

IN WHAT OTHER WAYS CAN A CRIMINAL DEFENSE LAW FIRM IN NY HELP?

If a criminal charge is filed against you on Long Island or in New York City, and if the charge cannot be dropped or dismissed, your attorney will:

1. investigate every detail of the charge
2. gather evidence and speak to witnesses
3. fight aggressively for justice on your behalf

You cannot face a criminal charge – even a misdemeanor charge – by yourself. Far too much is at risk. If you are charged with a crime or under investigation for a crime here in New York, you must have a top criminal defense lawyer working for you. Your future will depend on it.

If you are charged with a crime in New York, will you face a mandatory minimum sentence if you’re convicted? Can a Long Island assault and battery law firm help?

In most cases, when criminals are convicted, the justice system lets judges weigh all of the facts when they decide on a sentence. But starting in the 1970s, Congress and several state legislatures passed laws that force judges to hand down mandatory minimum sentences for particular crimes.

For example, in 1973, New York Governor Nelson Rockefeller announced plans to make New York’s drug laws the harshest drug laws in the United States. Offenders would face mandatory minimum sentences of fifteen years to life for certain drug offenses.

WHAT HAS BEEN THE EFFECT OF MANDATORY MINIMUM SENTENCING?

Lawmakers believed these inflexible sentences would devastate the illegal drug trade. More than forty years later, that has not happened. What happened instead was that New York’s state prisons quickly became severely overcrowded.

In 2004, Governor George Pataki signed legislation that reduced mandatory minimum sentences for drug offenses from fifteen years to eight years for the most serious drug crimes. Yet this state still imposes mandatory minimum sentences for a variety of crimes including drug crimes.

Exactly what are mandatory minimum sentences? What criminal convictions require mandatory sentencing? Can these sentences be appealed?

ARE MANDATORY MINIMUM SENTENCES FAIR AND JUST?

A mandatory sentencing law requires judges to hand down predetermined sentences for certain criminal convictions. A mandatory minimum sentence is a predetermined amount of time – determined by lawmakers rather than judges – that offenders must serve if they are convicted.

In New York, a number of drug crimes involve mandatory minimum sentences. Other crimes that can result in mandatory minimum sentences include gun crimes, sex crimes, and some types of theft.

Mandatory minimum sentences have received abundant criticism for being unjust, unfair, and racially discriminatory. Nonviolent drug offenders often receive sentences that do not actually match their crimes. Many activists now advocate an end to mandatory minimum sentencing.

CAN A JUDGE REDUCE A MANDATORY MINIMUM SENTENCE?

The central problem with mandatory minimum sentencing is that judges cannot reduce or otherwise change such a sentence. However, that does not mean that the situation is entirely hopeless for defendants.

A defense lawyer may be able to arrange a plea deal that lets a criminal defendant plead guilty to a lesser charge that does not entail a mandatory minimum sentence. And if a defendant receives a mandatory minimum sentence, it is possible to overturn the conviction in the appeals process.

Because of mandatory minimum sentencing, many convicted offenders in New York face extremely long sentences for non-violent crimes. Some are serving fifteen-to-twenty-five years in prison for a single drug sale. Taxpayers are increasingly concerned, because they pay the bill.

Most defense attorneys and other observers believe that most offenders serving a mandatory minimum sentence should instead be sent to alcohol treatment or drug rehab. Instead of offering offenders a chance to change their lives, mandatory minimum sentencing destroys lives.

WHICH CONVICTIONS TRIGGER MANDATORY MINIMUM SENTENCES?

In New York, there are no mandatory minimum sentences for misdemeanors. The maximum sentence for a Class A misdemeanor conviction is a year in jail. The maximum sentence for a Class B misdemeanor conviction is ninety days in jail.

However, a number of felonies in this state require mandatory minimum sentencing upon conviction when the defendant is tried as an adult. These felonies include:

1. robbery in the first, second, or third degree
2. burglary in the second or third degree
3. assault in the first or second degree
4. possession or sale of a controlled substance in the third degree
5. criminal possession of a weapon in the second or third degree

HOW WILL A CRIMINAL DEFENSE LAW FIRM HELP YOU?

If you are charged with any of these crimes in or near New York City or Long Island, you must reach out and contact a Long Island criminal defense attorney as quickly as possible. Your future and your freedom will be at stake.

Your defense attorney will explain the charges against you and how the law may apply in your own case. Everyone who is accused of a crime by the state of New York must have the advice and representation that can be provided only by an experienced and skilled defense attorney.

If you are charged with a crime that requires a mandatory minimum sentence upon conviction, and if you are innocent, you should fight the charge. However, if the state’s case against you is strong, you should talk with your defense lawyer about a plea bargain.

WHAT SHOULD YOU KNOW ABOUT PLEA BARGAINS?

However, you must not agree to any plea arrangement or “deal” unless and until your attorney recommends it. Never attempt to negotiate a plea bargain on your own. Your attorney routinely negotiates on behalf of clients and knows what it takes to get the best possible plea bargain.

Plea deals are routine in New York’s criminal court system, and only a tiny percentage of the charges filed by New York’s prosecutors actually become courtroom trials. Plea bargains are in fact responsible for more than ninety percent of the criminal convictions in the United States.

A plea arrangement – so long as it’s fair – is often the best option for a defendant who faces a mandatory minimum sentence.

WHEN SHOULD YOU INSIST ON A JURY TRIAL?

However, if you are certain in your own mind that you are not guilty of the crime you are charged with, you can reject a plea bargain offer and insist on a jury trial. If you are innocent, a good Long Island criminal defense attorney will aggressively advocate for justice on your behalf.

Choosing the right defense lawyer is imperative. If you are charged with any crime in this state, you must take advantage of the insights, advice, and representation that an experienced New York criminal defense lawyer can provide. Your future could depend on it.

Not every inmate in a New York state prison will become eligible for an early release – also called “parole” – and those inmates who do become eligible will face terms and conditions of parole that are deemed necessary to protect the public.

In New York, if you are charged with any felony, it will be imperative for you to obtain – as quickly as possible – the advice and services of an experienced Long Island parole violation attorney.

A parole board must approve a New York prison inmate’s early release. Parolees then serve the remainder of their sentences in their communities and under the supervision of parole officers.

WHAT ARE “INDETERMINATE” AND “DETERMINATE” SENTENCES?

Felony sentences in this state are “indeterminate” or “determinate.” A determinate sentence is usually imposed after a defendant is convicted on a violent felony charge.

Determinate sentences are fixed periods of time that must be served by a felony offender in a state prison.

Indeterminate sentences, however, set a maximum and minimum amount of prison time that must be served.

The minimum term for an indeterminate sentence cannot be less than one year, and the maximum term cannot be less than three years. A felony inmate may qualify for parole after serving the minimum time required by his or her indeterminate sentence.

WHAT HAPPENS WHEN AN INMATE IS APPROVED FOR PAROLE?

When a convicted felon is released from a New York prison and approved to serve parole, that person will have to sign some documents agreeing to the conditions and terms of parole.

The conditions of parole, according to the New York Department of Corrections and Community Supervision, “are rules which you must follow while under supervision. Conditions are furnished in writing to you and are explained by a Parole Officer.”

Parolees must sign that they have been given and have read a copy of their parole conditions, that they understand the parole conditions, and that they intend to comply with those conditions.

WHAT ARE THE USUAL CONDITIONS FOR PAROLE IN NEW YORK?

In exchange for early release, the state expects compliance with a variety of quite strict rules and requirements. Conditions of parole vary in each case but usually include:

1. adhering to a curfew
2. avoiding contact with known criminal associates
3. earning a diploma or GED or taking vocational training
4. seeking and maintaining employment
5. reporting regularly to a parole officer
6. submitting to warrantless searches and to random drug testing or polygraph testing
7. not purchasing, possessing, or using illegal narcotics, firearms, or other specified items

Offense-specific conditions of parole may also be imposed. A DWI offender, for example, may be ordered to place an IID device in his or her personal vehicle, and certain sex offenders must avoid locations, such as parks and playgrounds, where children typically congregate.

WHAT SHOULD YOU DO IF YOU ARE CHARGED WITH A PAROLE VIOLATION?

The violation of any parole condition can have severe consequences, including a return to prison. If you are a parolee charged with violating any condition of parole in the state of New York, you must be advised and represented by a parole attorney.

When a New York parole officer reasonably believes that a parolee has committed a parole violation, the Board of Parole can issue an arrest warrant, and the parolee will also be served with two additional documents:

1. A Violation of Release Report specifies what violation the parolee is charged with committing.
2. A Notice of Violation explains the parolee’s legal rights and specifies the date, time, and location of the preliminary parole violation hearing.

If you are a parolee in New York accused of violating a condition of your parole, you must seek a parole attorney’s advice and representation before a preliminary parole violation hearing.

You must act at once, because that preliminary hearing will be scheduled within fifteen days of the arrest.

WHAT HAPPENS AT A PRELIMINARY PAROLE VIOLATION HEARING?

A preliminary parole violation hearing does not decide an accused parolee’s innocence or guilt. Instead, the evidence is weighed to determine if the state has probable cause to proceed against the accused.

However, a qualified parole attorney can aggressively challenge the evidence offered at the preliminary hearing and seek to have the parole violation case against you dismissed.

If probable cause is nevertheless found by the court, a final hearing will be scheduled within ninety days, but your attorney may be able to have the case continued beyond that deadline if necessary.

WHAT HAPPENS AT A FINAL PAROLE VIOLATION HEARING?

At a final parole violation hearing, your attorney will present evidence to defend you against the parole violation charge. If you are acquitted, your parole will probably continue under the same conditions. If you are convicted, a return to a New York state prison is a genuine possibility.

No one should be confused about the difference between probation and parole in the state of New York. Probation allows a convicted criminal defendant to stay in his or her community without serving time in prison.

Parole is the early release of a felony inmate from a New York state prison. Under both parole and probation, a convicted offender must obey court-ordered terms and conditions.

IF YOU ARE CHARGED WITH ANY CRIME, WHAT SHOULD YOU DO?

Of course, you will not serve any probation or parole unless you have been convicted of a crime, so a criminal conviction is what you want to avoid. Any criminal conviction establishes a criminal record and entails long-term consequences – both personal and legal.

If you are charged with any crime in the Long Island or New York City area, politely exercise your right to remain silent, and do not try to act as your own lawyer. New York’s laws are too complex – and the penalties for a conviction are too harsh – to take that kind of risk.

Instead, if you are charged with any crime, in New York City or on Long Island, get the legal advice and defense representation that you will very much need, and consult at once with an experienced criminal defense attorney. That is your right.

Since February, if you share someone’s explicit or intimate videos or images without that person’s consent in New York City, you could be prosecuted for distributing “revenge porn” and convicted of a misdemeanor charge.

What constitutes revenge porn? Is it a crime that you could be accused of due to a mistake or a misunderstanding?

WHAT IS NEW YORK’S NEW REVENGE PORN LAW?

The revenge porn law adopted by New York City last year went into effect in February. Offenders convicted of distributing revenge porn in New York City may be fined up to $1,000 and sent to jail for up to one year.

As the internet continues to expand and to gain influence in our lives, disseminating revenge porn – the distribution of salacious images without a subject’s consent – has emerged as a genuine and growing national concern.

Jurisdictional questions may be an obstacle to the enforcement of the New York City revenge porn law. If the alleged perpetrator and victim both live in New York City, and that is where any images or videos are distributed from, the law will apply.

But it remains unclear how the new law will apply if the alleged perpetrator resides outside of New York City, or if the perpetrator, for example, goes to New Jersey and uses a computer there to disseminate the images online.

WHY IS REVENGE PORN A DIFFICULT ISSUE FOR SOME LAWMAKERS?

How to deal with revenge porn continues to be a struggle for some lawmakers. The matter seems straightforward at first – it’s wrong to use private images to intimidate, humiliate, or harass someone – and the people who distribute such images should be punished by the law.

But free speech defenders worry that regulating what is posted online could sometimes keep the public from learning the truth about politicians and other public figures.

Arizona’s revenge porn law was even challenged, for instance, by the American Civil Liberties Union as a violation of the right to freedom of speech.

And across the nation, prosecutors have repeatedly explained that revenge porn crimes are hard to prosecute and that the language in the current laws is too imprecise.

HOW MANY STATES HAVE LAWS BANNING REVENGE PORN?

However, in spite of those concerns, thirty-eight states and the District of Columbia have now adopted revenge porn laws, but the statutes vary widely, and twelve states still have no specific revenge porn statutes.

Activists who are fighting against revenge porn insist that because of the pervasive and expanding nature of the internet, only a federal ban on revenge porn will be fully effective.

Those activists are now getting some help from three U.S. senators and a number of representatives.

IS A THERE A PROPOSAL TO BAN REVENGE PORN IN EVERY STATE?

Senators Kamala Harris of California, Richard Burr of North Carolina, and Amy Klobuchar of Minnesota are sponsoring the Ending Nonconsensual Online User Graphic Harassment (ENOUGH) Act.

This legislation would ban – at the federal level – sharing anyone’s intimate videos or other sexual images without that person’s consent. The proposed law also sets aside funding to facilitate its enforcement by the Justice Department.

Senator Harris told the online magazine Bustle, “It is long past time for the federal government … to crack down on these crimes. Perpetrators of exploitation who seek to humiliate and shame their victims must be held accountable.”

Lawmakers are not the only people who have been taking action against revenge porn.

Facebook, for example, is reportedly using new tools to detect suspected revenge porn images before they can be widely shared.

And a spokesperson for Tumblr told Vice Media that “Tumblr’s Community Guidelines explicitly prohibit non-consensual pornography and the posting of others’ personally identifying or confidential information.”

HOW DOES “REVENGE PORN” HAPPEN?

In most cases, revenge porn uses recordings or images that were initially made with the subject’s cooperation, but with an agreement or promise that the material would remain confidential.

Predictably, and as you might imagine, revenge porn cases arise most frequently out of romantic situations that have “gone bad.”

On Long Island, in New York City, or anywhere in the state, if you are charged with posting revenge porn on the internet, you will need the advice and representation of an experienced Long Island criminal defense lawyer.

WHAT CAN BE THE CONSEQUENCES OF A REVENGE PORN CONVICTION?

Someone who disseminates revenge porn will probably also be targeted by a civil lawsuit filed by the victim. Revenge porn victims have prevailed in a number of these cases – in one case, a victim was awarded $500,000.

If you are a professional, or if you seek a professional license in New York, a conviction on a revenge porn charge could threaten your ability to keep or obtain that license.

And should you apply to particular colleges or universities, or if you apply for employment to some companies, a conviction for revenge porn could mean that your application will be rejected.

HOW CAN A DEFENSE ATTORNEY HELP?

If you face any charge in New York related to revenge porn, you must contact – immediately – an experienced Long Island criminal defense lawyer who is familiar with the revenge porn law and the legal defenses that are effective in these cases.

It may not be easy for the state to prove a suspect’s guilt in a revenge porn case beyond a reasonable doubt. But anyone who is charged with the crime will need a good defense attorney’s help.

Another person may have disseminated revenge porn from your computer or another device without your consent or even your knowledge. You might simply have been distracted or confused, and you may have distributed or posted what you thought was a different image.

WHEN CAN A REVENGE PORN CHARGE BE ENTIRELY DISMISSED?

If law enforcement officers violated your legal rights to gather evidence against you in a revenge porn case, it may be possible in some cases that your attorney could have the charge entirely dismissed.

And finally, depending on a suspect’s relationship with the purported revenge porn victim, the entire matter may simply have been a mistake or a misunderstanding.

Revenge porn is sometimes posted as a prank, but if you are charged with distributing revenge porn or with a related crime in New York City, it’s a genuinely serious matter.

Your freedom could literally be at stake. You must have the experienced criminal defense representation you need – immediately.

Some of the people who are sitting in a jail in the state of New York have not been convicted of a crime. They are supposed to be presumed innocent until proven guilty.

In fact, on an average night, almost four thousand people in the jails in New York City are there because they are awaiting trial, and they can’t pay the cash bail they need to be released.

New York City is trying to reform its bail system – to eliminate cash bail and what some would call the unconstitutional treatment of criminal defendants who’ve been convicted of nothing.

If you’re arrested and charged with a crime in New York City, here’s what you need to know.

WHAT ARE THE FACTS ABOUT DEFENDANTS AND BAIL IN NEW YORK CITY?

Nearly three out of four people in New York City jails have not been convicted of any crime.

In 2014, according to the nonprofit Center for Court Innovation, fewer than fourteen percent of the defendants who had bail set in New York City were able to pay the bail amount set by a judge.

Many of us learned how broken New York’s bail system is in 2015, when a young man named Kalief Browder killed himself after being held at Rikers – for three years – because he could not afford to pay bail.

Jailing those who cannot pay bail costs New York City an estimated $100 million every year.

WHAT CAN HAPPEN TO THOSE AWAITING TRIAL?

These defendants, convicted of no crime whatsoever, miss work, sometimes lose their jobs, and must find ways to care for their children or other dependent family members.

However, New York City is trying to reform a bail system that is largely controlled by the state government in Albany.

Opponents of cash bail say that everyone, no matter how serious the charge, deserves the same presumption of innocence. But current bail practices don’t presume a defendant’s innocence.

The cash bail system not only puts people who are supposed to be presumed innocent behind bars. It may also be why so many criminal defendants in New York City enter guilty pleas.

WHO CURRENTLY HELPS THOSE WHO CAN’T AFFORD BAIL?

The Brooklyn Community Bail Fund tells us that criminal defendants in New York City are nine times more likely to plead guilty to a criminal charge if they cannot afford bail.

For now, bail for some low-income defendants who are charged with misdemeanors is being paid by several non-profit groups such as the Liberty Fund, the Brooklyn Community Bail Fund, and the Bronx Freedom Fund.

However, since its start in August 2017, the Liberty Fund has posted bail for fewer than a hundred people. These charitable funds, unlike the bail bond industry, don’t charge defendants to post their bail.

New York City has also expanded a supervised plan that lets defendants check in with community programs — by phone and in person — before their trials.

About seven thousand defendants have been released with supervision over the last two years.

But defendants charged with domestic violence do not qualify for supervised release, and every supervised release requires a prosecutor’s approval.

HOW FREQUENTLY IS BAIL REQUIRED IN NEW YORK CITY?

Manhattan and Brooklyn prosecutors announced that they will stop requiring bail for low-level offenses – but cash bail is already rarely used in such cases.

Bail is set in about two percent of the city’s pot possession cases and in about four percent of the city’s turnstile jumping cases.

For third-degree assault, bail is only set in about 14 percent of the cases. And bail is set for only one of every three defendants charged with violating a restraining order.

IS THERE OPPOSITION TO BAIL REFORM?

Not everyone in New York, however, is on board with the movement to eliminate the cash bail system. Jeff Clayton, of the American Bail Coalition, told National Public Radio that reform is needed, but eliminating cash bail is extreme.

Brooklyn District Attorney Eric Gonzalez agrees that there are good reasons to impose bail on defendants accused of more serious crimes.

“In Brooklyn, 44 percent of the cases we ask for bail on are domestic violence cases and sex crimes cases,” he said. Queens District Attorney Richard Brown takes a similar position.

WHAT IS CONSIDERED WHEN A BAIL AMOUNT IS SET?

New York is one of the few states that ostensibly set bail amounts based on a defendant’s risk of flight. Judges are also supposed to consider a defendant’s finances when setting a bail amount.

In fact, when setting a bail amount, a New York judge will review the details of the alleged crime, the suspect’s criminal history, the public’s safety, and the chances that the defendant, if released on bail, will appear or fail to appear in court as scheduled.

Prosecutors use bail as leverage in plea agreements, so it’s a tool that some prosecutors are reticent to abandon.

Supporters of the current system insist that any major changes to the bail system will cost New York taxpayers millions of dollars.

WHAT WILL REAL CHANGES TO NEW YORK’S BAIL SYSTEM REQUIRE?

And the city can’t do it alone. The power to make legal changes to the bail system rests only in Albany.

New York State Senator Michael Gianaris has proposed legislation in Albany to abolish cash bail, but he isn’t optimistic about its chances. Opposition, he says, comes “from communities that don’t have as much experience with criminal justice.”

Alex Crohn, general counsel at the Mayor’s Office of Criminal Justice, explains, “Cities don’t normally have laws that govern what pre-trial justice can look like, so our hands are tied a bit.”

While cash bail in New York and New York City may not be entirely abolished, it will very likely become quite rare in the future.

WHERE SHOULD YOU TURN IF YOU’RE ACCUSED OF A CRIME?

Of course, no matter what happens to the bail system, if you are charged with a crime on Long Island or in New York City, you are still going to need the advice and representation of an experienced criminal defense attorney.

If you are charged with a crime anywhere in our state, you have the right to an attorney. Do not try to act as your own defense attorney. Your freedom and your future will be at stake.

If you’re charged with a crime, a Long Island criminal defense attorney can help. Make the call as quickly as possible if you are arrested for any crime anywhere in the state of New York.

In the state of New York, what should you do if you learn that another state has issued a warrant for your arrest? Can an assault and battery law firm help?

Can you be arrested in one state on the basis of a warrant that has been issued another state?

Keep reading, and you’ll learn what your legal rights and options are in the state of New York if you are named in another state’s arrest warrant.

Of course. we’ve all heard about arrests warrants from television shows and the movies, and even the phrase “arrest warrant” brings to mind heavily-armed and helmeted police officers breaking through doors, waving weapons, and screaming orders at criminal suspects.

The reality of executing arrest warrants, however, is almost always considerably less dramatic.

WHAT HAPPENS WHEN AN ARREST WARRANT IS ISSUED?

Generally speaking, for an arrest warrant to be issued, it means that someone has missed a court appearance or is being charged with committing a crime.

When an arrest warrant is issued, it is entered into national law enforcement databases, and the suspect named in the warrant may be arrested anywhere in the United States.

However, the reality is that most persons who are taken into police custody on the basis of an out-of-state arrest warrant are arrested during traffic stops – when the police officer who made the stop “runs” the motorist’s driver’s license – or in some other mundane, non-dramatic incident.

Breaking down doors happens a lot on television crime shows, but it is genuinely rare in real life.

HOW ARE OUT-OF-STATE WARRANTS HANDLED IN NEW YORK?

Will you be arrested in New York if another state has issued an arrest warrant with your name on it?

Like so many questions about criminal law, the answer is, “It depends on the circumstances and details.”

How an out-of-state warrant is handled depends on the nature of the criminal charges and the amount of effort and resources the warrant-issuing state is willing to put into the case.

Under federal law, a valid arrest warrant issued by any state can be executed in any other state, but that does not automatically mean that every person named in an arrest warrant will be hunted down, taken into custody, and extradited back to the warrant-issuing state to stand trial.

What happens depends on a variety of factors. If you were arrested in Georgia, a Georgia criminal defense attorney can help.

WHAT IS EXTRADITION AND HOW DOES IT WORK?

The only court that can try a defendant for a criminal charge is a court in the criminal jurisdiction – that is, in the state – where the crime was allegedly committed.

Thus, if you are arrested in New York for a crime that you allegedly committed in New Jersey or California, you will have to be returned there – what the law calls “extradited” – to be placed on trial.

The Extradition Clause of the U.S. Constitution requires a state, upon the demand from another state, to deliver a fugitive suspected of committing a “treason, felony or other crime” to the state where the crime was allegedly committed.

To fulfill this constitutional obligation, almost all of the states, including New York, and with the exception of only Missouri and South Carolina, adhere to extradition guidelines set forth by the Uniform Criminal Extradition Act (UCEA).

The UCEA sanctions the arrest of a fugitive who is accused of committing a crime by another state if the crime is punishable upon conviction by at least one year in jail.

For serious crimes, extradition is common and routine.

If you are arrested in New York for a crime committed in another state, or vice-versa, should you fight extradition?

SHOULD DEFENDANTS REQUEST EXTRADITION HEARINGS?

Whether or not to fight extradition depends on the nature of the charge and whether or not you gain an advantage by waiving extradition.

In the Long Island/New York City area, seek the advice of an experienced Long Island criminal defense attorney regarding any out-of-state warrant or extradition hearing.

Extradition can be a complicated, confusing legal topic, so you must have an experienced defense attorney’s insights and advice.

Let’s say the charges filed against you in another are misdemeanors.

In some cases, waiving your right to fight extradition can be used as a bargaining chip when negotiating with the prosecutor in the warrant-issuing state to have the charges against you reduced or dropped.

Your cooperation in such a case will probably taken into account.

In other cases, your attorney may advise you to request an extradition hearing and fight extradition.

Every case, every arrest warrant, and every extradition situation is unique, so you must have the advice of an experienced criminal defense lawyer before you sign any document or even speak to prosecutors or the police.

If you are arrested on an out-of-state arrest warrant, exercise – politely – your right to remain silent until you can consult with your attorney.

WHAT ABOUT INTERNATIONAL EXTRADITION?

International extradition is rare. Generally speaking, under U.S. law, extradition may be granted only to nations that have an extradition treaty with the United States.

All extradition treaties agreed to by the United States require a foreign nation’s request for extradition to be submitted through diplomatic channels, usually through the that nation’s embassy in Washington and then to the U.S. State Department.

If a foreign nation’s request for extradition is in order, an attorney in the State Department will prepare a certificate confirming the existence of an extradition treaty and confirming that the crime or crimes are extraditable.

That certificate and the original extradition request are then forwarded to the U.S. Department of Justice.

The request can then be forwarded to the appropriate U.S. Attorney, who at that point will obtain a warrant for the suspect’s arrest.

WHAT HAPPENS WHEN U.S. FUGITIVES FLEE TO OTHER NATIONS?

If New York or any other state wants to prosecute a criminal suspect who has been located in a foreign country, that state must funnel its extradition request through the federal government, which will negotiate the extradition with the foreign country.

However, most states, in most cases, will not go to the effort of extraditing a suspect from a foreign country except for the most serious crimes.

If an arrest warrant in New York or anywhere else has your name on it, an experienced Long Island criminal defense attorney can review the warrant and the other details of your case and help you fight extradition – if fighting extradition is the best strategy in your own situation.

Anyone named in any arrest warrant is going to need sound and trustworthy legal advice as quickly as possible.

If you are the victim of a crime on Long Island or anywhere in the state of New York, and you suffer losses because of that incident – losses that you can document – you may qualify to receive restitution from the offender who committed the crime.

Sooner or later, as you probably know, almost everyone in New York becomes victimized by some type of crime, so keep reading to learn more about restitution and your rights when you become a crime victim.

You’ll also learn exactly who qualifies to receive restitution payments, how to acquire those payments, and precisely what generates a restitution payment order from a court.

This is a brief introduction to restitution, but if you are charged with a crime and you may be ordered to pay it, you’ll need to discuss the details of your specific case with an experienced Long Island criminal defense attorney.

“Restitution” is defined as the payment made by a convicted criminal offender to a crime victim to pay for the victim’s losses due to the crime.

Every state has established a procedure for crime victims to request and receive restitution payments. Legally speaking, however, restitution is not quite the same thing as “compensation.”

HOW IS RESTITUTION DISTINCT FROM COMPENSATION?

“Compensation” pays for someone’s financial losses after an incident like a car crash or a dog bite, but the person who pays compensation did not necessarily commit a crime, profit from a crime, or intentionally cause damages.

Restitution, by contrast, is a repayment of the gains acquired in a crime or a payment for the damages – such as medical expenses – that are the result of a crime.

And legally speaking again, restitution is not a “fine.” Fines are preset amounts specified by New York state law and paid directly to the court as a criminal penalty, while restitution is paid to a crime’s victim or victims in an amount that will be different in every case.

If you are convicted of a crime in New York, and the crime’s victim suffered financial losses that are provable, you will almost certainly be ordered by the court to pay restitution.

Here is how the restitution process works in the state of New York. When a criminal charge is filed, a prosecutor will obtain information regarding the crime from the victim, including information regarding damages – especially the damages that can be proven.

When a final restitution amount is determined, and if the defendant is convicted, a restitution payment is typically ordered by the court as a condition of probation.

WHEN ORDERING RESTITUTION, WHAT FACTORS DO JUDGES CONSIDER?

However, judges must consider a convicted offender’s ability to pay, and in some cases, victims will not always receive the full amount of restitution that they are actually owed.

If you are owed restitution, do not expect to receive it quickly, either. Payment delays are common and happen for a number of reasons.

Most payments are made over time, and a great deal hinges on the convicted offender’s financial situation, employment status, and a number of other factors.

Listed here are some of the items that judges in New York must take into account before issuing a restitution payment order:

– the details of the crime, the charge, and the conviction
– the defendant’s dependents, if any, and his or her other financial obligations
– the defendant’s education, current economic status, and physical and mental health
– the defendant’s current employment or unemployment

What if the defendant believes that the restitution amount that he or she is ordered to pay is inaccurate or unfair? If there’s a dispute regarding the amount that should – or can – be paid, the court will schedule a hearing to resolve the dispute.

When a restitution order is for less than the full amount requested, the payment is called a “reparation.” The court may also order restitution to be paid in a lump sum or in series of payments over time.

Who makes certain that probationers in New York make restitution payments as ordered? That responsibility falls to the probation officer.

The willful refusal to make court-ordered restitution payments is prosecutable in New York as a violation of probation or VOP, and a VOP conviction could mean stricter terms of probation or even time in jail or prison.

WHAT SHOULD CRIME VICTIMS DO TO OBTAIN RESTITUTION?

If you are wondering exactly how to collect restitution if you become a crime victim in New York, here’s how. When you are contacted by a prosecutor, ask the prosecutor to request restitution for your losses.

Keep receipts and all other records of the costs that were a direct consequence of the crime, make copies, and give the copies to the police, the prosecutor, and the Department of Probation.

As a crime victim, your claim for restitution will be included in any report the prosecutor or the Department of Probation prepares for the judge.

If restitution is ordered, the payments a crime victim receives will come from the Department of Correctional Services or the local Department of Probation.

In New York, restitution payments may reimburse crime victims for:

– medical costs including out-of-pocket expenses for doctors, therapy, ambulance fees, other transportation costs, and related expenses such as counseling
– lost wages or other lost income
– repair or replacement costs for stolen or damaged property
– funeral costs if appropriate
– insurance deductibles
– related costs for items like towing fees, new locks, and child care costs that may be required for doctor or hospital visits or legal hearings

IF YOU ARE ACCUSED OF A CRIME, WHO CAN YOU TURN TO?

If you are charged with a crime in New York and a crime victim – or more than one – was injured, if property was damaged or destroyed, or if the charge is something like theft, fraud, robbery, burglary, or embezzlement, a request for restitution will almost certainly be made, and if you are convicted of that crime, the payment of restitution will almost certainly be ordered.

You must have effective and qualified legal help.

On Long Island or in New York City, if you are the person facing a criminal charge, put your case immediately in the hands of a criminal defense attorney.

If the charges are in California, it is best to speak with a team of Los Angeles County theft crimes lawyers.

If you are innocent of the crime, if your rights have been violated, or if the amount of restitution requested is a fabricated or exaggerated figure, you cannot take any chances – you must have an experienced New York defense attorney working for you.

Across the United States, over seventy million people have a criminal history with at least one conviction.

A single criminal conviction makes those individuals subject to a number of state and federal regulations and laws that limit their rights – their voting, housing, and employment rights, and their right to bear arms.

Some criminal convictions also impact the convicted person’s driving privilege.

Many of the rules regarding prior convictions are sensible – keeping convicted child molesters away from minors, for example – but some of the regulations are entirely unrelated to a convicted offender’s original crime and conviction.

Many of the rules regarding prior convictions are sensible – keeping convicted child molesters away from minors, for example – but some of the regulations are entirely unrelated to a convicted offender’s original crime and conviction.

If you are being routinely rejected by employers – or even by landlords – an old conviction on your criminal record may be the reason why.

Beginning on October 7th, a new law in the state of New York will allow many New Yorkers to have their criminal records permanently sealed from the general public – from landlords, employers, and anyone else who is privately investigating an individual’s background.

Who will qualify to have their criminal convictions sealed?

Under the new law, you will be eligible to seal up to two convictions – but only one felony conviction – provided that the convictions are at least ten years old and that you have been in no additional legal trouble since that time.

However, persons who were convicted of a sex crime or a violent felony will not qualify to have those convictions sealed.

Prosecutors will be allowed to challenge requests to have convictions sealed; they’ll have 45 days after a sealing request is made to notify the court of an intention to challenge the request.

WHAT IS THE PROCESS FOR SEALING A CRIMINAL CONVICTION?

If a conviction that you need to seal is on your record, you’ll need to submit a request to the court where the criminal charge was originally filed and prosecuted.

The details of the case, the conviction, and the sentence must be provided to the court along with the request for sealing.

If the court agrees to a request to have a conviction sealed, the court’s decision will be entered into the state’s permanent records.

The most immediate benefit of sealing a conviction is that conviction’s removal from employment background checks.

However, if a prosecutor challenges your request to seal, you may need a skilled Long Island criminal defense attorney to help you prove that your conviction should be sealed.

The determination regarding whether or not to seal a particular conviction is ultimately up to the sentencing judge, who can – at his or her discretion – order a hearing to consider the individual’s character and any other relevant factors.

HOW ARE NEW YORK PROSECUTORS RESPONDING TO THE NEW LAW?

District attorneys and their staffs in both Brooklyn and Manhattan will be sorting through what they expect will be an avalanche of requests to have convictions sealed.

Spokespersons for both offices insist that they are generally supportive of the new law.

A spokesperson for the Manhattan District Attorney’s Office told the New York Daily News that prosecutors in Manhattan do “not anticipate having to challenge the sealings, except on rare occasions.”

Acting Brooklyn District Attorney Eric Gonzalez told the newspaper, “An old conviction for a minor or a nonviolent offense should not hold people back from moving on with their lives.”

A number of defense attorneys on Long Island and in New York City are already receiving inquiries from New Yorkers who are seeking to have old convictions sealed.

One criminal defense attorney in Manhattan told the Daily News, “You’re talking about anybody who was convicted over ten years ago of an eligible offense. That could potentially be tens of thousands of cases.”

Melissa Ader, a staff attorney with the Legal Aid Society’s employment law unit, told the newspaper that the new law will help New Yorkers have “a fair chance at finding a job.”

Employers in this state are already prohibited from using criminal convictions as a reason for rejecting a job applicant, but according to Ms. Ader, the illegal practice nevertheless is common.

Sealing convictions, however, will prevent noncompliant employers from even knowing that the convictions ever happened.

“Really the best way for a New Yorker to have a fair chance at finding a job is for an employer to not know about that conviction,” Ms. Ader explained.

WHO CAN STILL SEE A SEALED CRIMINAL CONVICTION?

Those who are requesting to have a conviction sealed should understand that “sealing” a conviction is not the same thing as “expunging” a conviction.

The expungement of a criminal conviction forever erases any trace of that conviction.

“Sealing” a criminal record hides that record from the public but continues to allow law enforcement officials to see the information – in extremely narrow circumstances – as specified by New York law.

Who can see a sealed criminal conviction in the state of New York?

– the defendant or the defendant’s designated agent
– law enforcement agencies acting within the scope of their enforcement duties
– state or local gun licensing agencies
– employers of prospective law enforcement officers
– the FBI, when conducting background checks for gun purchase applications

If the conviction that you want to have sealed in the state of New York is only eight or nine years behind you, don’t assume that you won’t be able to do anything to help yourself for another year or two.

Sealing a conviction is a complicated legal procedure, so it makes sense to start preparing a sealing request – and to start compiling the information and documents that must accompany a sealing request – at least a year or more in advance.

Sealing a conviction is not automatic, and the decision is ultimately made by the sentencing judge.

Thus, if you are waiting for the ten-year time period to elapse, it makes sense to do the things that prove you have been rehabilitated and that you are now a productive member of the community.

Volunteer with a charity or some other community organization. Advance your education or seek additional job training. Stay out of serious debt, stay away from illegal drugs, and don’t get into additional trouble with the law.

Thousands of convicted offenders in the state of New York are being given a unique opportunity to seal their old criminal convictions and to move on positively and constructively with their lives.

If you are one of those New Yorkers, do what it takes to have your convictions sealed, and contact an experienced Long Island criminal defense attorney for the legal help and advice that you’ll need.

Most states have acknowledged that first-time offenders charged with committing minor crimes may not be best served by the regular judicial process of a plea and a sentence or trial.

Counseling can often help and can often deter first offenders from committing a second offense.

With the help of a drug crimes law firm in New York, Defendants struggling with substance abuse issues can get the help they need when they participate in a judicial diversion program.

Suffolk County’s Judicial Diversion Program (JDP) offers some criminal defendants in Suffolk County an opportunity to move forward positively and constructively with their lives, free from alcohol and drugs.

The Suffolk County JDP is a program for offenders who are facing non-violent felony charges and who also abuse alcohol and/or drugs. Instead of jail or probation, the JDP puts offenders in a drug or alcohol treatment program.

The Suffolk County Judicial Diversion Program is a collaboration between the Suffolk County Probation Department and County Court personnel to provide community supervision, substance abuse treatment, and case management to drug dependent felony offenders who have pleaded guilty to a non-violent felony charge.

The program includes regular court appearances and supervision by a judge, as outlined below.

WHO IS ELIGIBLE FOR THE SUFFOLK COUNTY JDP?

Precisely who qualifies for the Suffolk County JDP? Non-violent, drug dependent offenders charged with felony drug sales or possession – or other addiction-driven felonies – qualify.

The defendants must plead guilty and agree to a contract with the court which spells out the orders of the court and the outcomes for completing the program successfully or for failure to complete the JDP successfully.

An individual with a record of violent crimes, a severe or persistent mental illness, or a medical condition which would interfere with Judicial Diversion Program’s requirements will not be eligible.

If you are charged with a felony in Suffolk County, and if you believe that you are not guilty of the charge, a skilled Long Island criminal defense attorney can fight to have the charge against you dismissed or advocate at a trial for your acquittal.

However, if the evidence against you is persuasive, and if you need professional help with a drug or alcohol dependency, it’s possible that the Suffolk County Judicial Diversion Program may actually be just right for you.

Consult with your attorney before you make any decision that will affect your freedom and future.

If you are eligible for the Suffolk County JDP, after your arraignment on the felony charge, you may choose the Judicial Diversion Program as an alternative to the regular court process.

A Case Manager will then work with you to develop a personalized counseling and treatment plan.

While you are in counseling and treatment in the JDP, a judge will closely monitor your progress.

WHAT ARE THE FOUR PHASES OF THE SUFFOLK COUNTY JDP?

The Suffolk County JDP includes four phases, and participants must successfully complete each phase before moving to the next phase.

Phase One of the Suffolk County JDP lasts for at least two months. This phase focuses on the offender’s choice of a drug-free life and helps an offender establish freedom from drugs and alcohol by developing appropriate life skills and coping skills.

Phase One includes:

– the start of treatment and attendance at all treatment and counseling sessions
– a weekly report, by telephone, to the participant’s case manager
– no drug or alcohol use and random, supervised drug and alcohol screenings
– attendance at all required drug court sessions
– unannounced home visits by the Suffolk County Department of Probation
– two consecutive months drug and alcohol-free to advance to Phase Two

Phase Two of the Suffolk County JDP lasts for at least four months.

In this phase, the participant stabilizes his or her participation in the program, works out strategies for living without alcohol and drugs, and focuses on developing realistic educational and/or employment goals.

Phase Two includes:

– mandatory attendance at all treatment and counseling sessions
– weekly reports, by telephone, to the participant’s case manager
– continuing abstinence from drug or alcohol use
– random, supervised drug and alcohol screenings
– attendance at all required drug court sessions
– unannounced home visits by the Suffolk County Department of Probation
– start or apply for a job skills training program or an educational program
– four consecutive months drug and alcohol-free to advance to Phase Three

Phase Three of the Suffolk County JDP lasts for at least six months.

In Phase Three, the participant moves toward independence, reconnects with his or her family and community, and begins planning to complete the JDP and fulfill the final program requirements.

Phase Three of the program includes:

– attendance at all required treatment sessions
– a focus on relapse prevention and development of a relapse prevention strategy
– weekly reports, by telephone, to the participant’s case manager
– continuing abstinence from drug or alcohol use
– random, supervised drug and alcohol screenings
– unannounced home visits by the Suffolk County Department of Probation
– development of a continuing care plan and a community re-integration strategy
– start a job or an education or vocational program with a goal of self-sufficiency
– six consecutive months drug and alcohol-free to advance to Phase Four

Phase Four of the Suffolk County JDP also lasts for at least six months. Phase Four prepares the participant for release from the program and reentry into the community as a sober, productive, law-abiding individual.

Phase Four focuses on the requirements for graduation from the JDP program.

Attendance at treatment sessions is still required in Phase Four, along with the weekly telephone reports. Unannounced home visits and random screenings may continue.

Near the end of the JDP, a participant must submit a written graduation application that spells out his or her accomplishments in the program and goals for the future.

WHAT IF A PARTICIPANT VIOLATES JDP RULES?

The court responds to violations of the program’s terms and conditions with a system of incremental or “graduated” sanctions.

Violations are classified on the basis of their severity as “A” level infractions (serious infractions like flight from the program or a new arrest on a new charge) or as “B” level infractions (such as substituting or tampering with a urine sample).

The number and severity of a participant’s violations determine the court’s response.

If you are charged with a non-violent, drug or alcohol-related felony in Suffolk County, and if you are dealing with a chemical dependency or addiction, the Suffolk County Judicial Diversion Program may be your chance to get the help you need.

After an arrest for any criminal charge, anywhere on Long Island or in the New York City area, speak with an experienced Long Island criminal defense attorney about your options.

Sometimes an arrest isn’t the worst thing that can happen. Sometimes, for those who are willing, an arrest can be a positive turning point in someone’s life.