New York City Criminal Defense Lawyer

New York City Criminal Defense Attorney

Whether you have been accused of a crime that you did not commit or have unwittingly broken the law, navigating the legal system can be overwhelming. Facing an arrest that is the result of a criminal charge makes the process that much more difficult, especially in a legal system as big as the one in New York City. The right NYC criminal lawyer can provide peace of mind and confidence as you deal with a criminal charge.

Understanding the rights you have when facing a criminal charge is essential to success in a criminal case. Knowing how your rights impact your journey through the legal system can be difficult, so working with an experienced criminal defense attorney can help ease the process. Michael Vitaliano has years of extensive local experience to assist you.

Criminal Defense in New York City

The vastness of New York City is one of its greatest assets, but it is often a stumbling block where criminal justice is concerned. The various boroughs and counties throughout the NYC Metropolitan area can make understanding criminal proceedings in New York particularly difficult.

The founder of the Vitaliano Law Firm, Michael Vitaliano, is a Staten Island native and has spent his career serving clients all around New York. He served as an Assistant District Attorney when he completed law school, then went on to work as a criminal defense attorney before opening his own practice. His local roots and extensive experience make him uniquely qualified to help each client navigate the New York legal system and achieve the best outcome.

Process for a Criminal Case

Criminal cases must follow a specific order of events as they move through the justice system. If you are unfamiliar with how the legal system functions, you may find yourself feeling lost as this process unfolds. Below is a brief overview of how the proceedings of a criminal case may take place in New York City:

• Arrest or ticketing. A formal accusation of a crime or crimes is the first step in the process. It either involves an arrest or a desk appearance ticket (DAT) and is based on evidence and statements gathered. Some cases bypass the arrest and simply serve the DAT.
• Booking. The defendant, or person accused of the crime, is taken to central booking within 24 hours of their arrest. This is typically the time that the District Attorney is contacted. They will then file an official complaint in the appropriate court.
• Interview. While the defendant is being held, they will likely be required to participate in an interview. The District Attorney’s office typically conducts the interview and will use it as an opportunity to gather information about the case. This is the time to contact a criminal defense lawyer to begin working on the case.
• Arraignment. The arraignment refers to the first court appearance required of a defendant. It involves the defendant being brought before a judge with their attorney and a representative from the District Attorney present. The judge then informs the defendant of the charges being brought. The amount required for bail will also be set if necessary, and the defendant will either be kept in custody or released.

An NYC criminal defense lawyer will continue working in earnest on the individual’s case once the arraignment has ended. This time is essential for them to develop a strong defense and ensure their client’s rights are being upheld. Depending on the circumstances, a criminal case will either conclude with a dismissal of charges, a plea, or a trial.

Practice Areas

The practice of criminal law is wide-reaching and varied. Each case must be researched, developed, and presented differently to ensure the defendant receives the best possible outcome. Michael Vitaliano’s experience as a New York Assistant District Attorney means he can offer seven practice areas to best serve clients.

White Collar Crime Defense

White collar crimes may seem less severe because they are classified as non-violent, but the penalties they carry are significant. Individuals who are convicted of a white collar crime may be penalized with the seizure and forfeiture of their assets, the loss of licensure in a certain profession, or even incarceration.

There is a wide range of infractions that can be classified as white collar crime. Wage theft, money laundering, Ponzi or pyramid schemes, and forgery are all examples of commonly convicted white collar crimes. The nature and severity of the punishment decided by the court are often influenced by the crime itself.

Driving While Intoxicated/Driving Under the Influence Defense

Driving while intoxicated or driving under the influence can cause significant physical, emotional, and financial damage to the driver and others. This is extremely dangerous and illegal in New York state. The circumstances and substances involved in these cases may differ, but they are all classified as DWI cases in New York.

Under the umbrella of DWI cases in New York, there are several specific types of DWI. These cases may involve a raised blood alcohol level (BAC), typically anything over 0.08%, or any instance of ability being impaired due to drugs or alcohol. A DWI conviction may carry penalties of license revocation, significant fines, or jail time.

Health Care Fraud Defense

Healthcare fraud is extremely serious. This type of fraud may be committed intentionally for personal gain, but it may also happen unintentionally if billing and record keeping are not maintained properly. Healthcare fraud is often committed against the state, an insurance company, a government agency, or an individual provider. Healthcare fraud can happen in several different ways.

Organizations or individuals who knowingly misuse resources for selfish gain are intentionally committing healthcare fraud. These cases often involve the invention of false healthcare information to receive more government funding or the illegal sale of prescription drugs.

Unintentional healthcare fraud, on the other hand, is often caused by mistakes or errors that are not caught. This type of fraud may be caused by billing a patient more than once, filing billing incorrectly, or overbilling for services. Regardless of intention, the penalties for unintentional healthcare fraud can be just as serious.

Racketeering Defense

To curb the impact of organized crime within the United States, the Racketeer Influenced and Corrupt Organizations (RICO) Act was created in the 1970s. RICO law covers a wide range of very different offenses, so it can be difficult to understand. Schemes that involve kidnapping for ransom, protection rackets, extortion, money laundering, and drug or human trafficking operations are all examples of commonly convicted racketeering crimes.

Many RICO cases involve instances where all involved parties are given the same charges, regardless of whether they all had the same involvement with the crime in question. A criminal defense attorney works to prove that their client was not involved with any criminal operation in a significant way when dealing with a racketeering case. This could be accomplished by arguing a case of mistaken identity or arguing that their client has not participated in a pattern of racketeering.

Bribery Defense

Bribery can be classified as either offering a bribe to someone else or accepting a bribe. A criminal charge for either can carry significant consequences. Individuals who are charged and convicted of accepting or attempting to offer a bribe could face years of probation, tens of thousands of dollars in fines, or even months or years in jail. Many bribery cases often add additional charges that strengthen the case and add harsher penalties.

A criminal charge of bribery is difficult regardless of the circumstances, but the penalties for a bribery conviction are much harsher for individuals who hold public office. Accepting a bribe as a public official can be charged as a class B, C, or D felony. The same is true for individuals who attempt to bribe someone who holds public office. Public officials who are convicted of accepting a bribe are often stripped of any professional licenses they had, such as medical or law, and will likely lose their position.

Tax Fraud Defense

Cases of tax fraud are often undertaken at the state or federal level and may involve both individuals and corporations. An individual or company can take part in tax fraud in a variety of ways. Examples of tax fraud may include tax evasion, failure to file tax returns, conspiracy, and aiding in the falsification of documents. When an individual or company is dealing with a criminal tax fraud case, the process is often long, involved, and stressful.

A criminal conviction for tax fraud can have a significant impact on the personal and professional life of anyone involved. In some cases, it may be true that an individual is not aware that they are participating in tax fraud until after the fact. Working with an experienced NYC criminal defense attorney can ensure a fair outcome in these cases.

Drug Crime Defense

High-level narcotics are often the central piece of the most significant drug-related cases. The United States Drug Enforcement Agency (DEA) has developed a system to classify and charge drug-related cases. New York follows this model. Drugs are placed in a certain schedule, the most severe being Schedule I, based on factors like potential for abuse.

The schedule of a certain drug helps to determine the penalty handed down by the courts in a drug-related criminal case. Arguments such as a violation of due process or mistaken identity can be used by a criminal defense attorney to build a strong case for their client.

Criminal Defense Attorneys FAQs

Q: How Long Does a Criminal Case Take in Court?

A: The sixth amendment grants every United States citizen the right to a speedy trial, but that time frame may be different depending on the charges. Misdemeanor charges typically take anywhere from 60 to 90 days to be resolved in court. More serious or severe charges, such as a felony charge, may take six months or longer. The best way to ensure your criminal case is resolved quickly is to work with an experienced criminal defense attorney.

Q: How Many Criminal Cases Go to Trial?

A: Regardless of their frequency, very few criminal cases reach the trial stage. Only about 2% of criminal cases at the federal level go to trial. The percentage of criminal cases at the state level is similar to that at the federal level, though there is less information available. Most cases of a criminal nature end with a plea bargain as they tend to be easier to manage for all involved parties.

Q: How Do I Find a Good Lawyer in NYC?

A: Finding the best criminal defense attorney can be difficult, but it is also essential to a successful case. When you are looking for a lawyer, there are several things that you should consider and ask potential attorneys about. Some things to be aware of are where they were educated, how long they have practiced law, and how familiar they are with the laws and regulations of the county where you were charged. It may also be helpful to request testimonials from past clients.

Q: What Does a Criminal Attorney Do?

A: Criminal defense attorneys are responsible for helping their clients navigate the court system as their case progresses. They have many responsibilities. One of the primary duties of a criminal defense lawyer is to represent their client during various court appearances. These appearances might include hearings, arraignments, and trials when necessary. Criminal attorneys are also responsible for knowing the facts of each case, keeping their clients abreast of what is happening, and working to negotiate the best deal for their clients.

NYC Criminal Defense Attorney You Can Trust

Dealing with the personal and emotional stress of criminal charges while navigating the New York court system can be overwhelming. Having the knowledge and support of an experienced NYC criminal defense lawyer can give you the confidence you need as your case is finalized. At The Vitaliano Law Firm, our experience in the New York area gives us the local knowledge you need to help you successfully navigate your criminal case. Contact us at The Vitaliano Law Firm today.