Staten Island Criminal Defense Lawyer

Staten Island Criminal Defense Attorney

An arrest on any criminal charge can be a life-changing experience. You could face a host of severe penalties that can dramatically influence your life in many ways. If you made a mistake and broke the law, you could fear for your future. It’s understandable to feel desperate and isolated if you have been arrested for a crime you didn’t commit. A Staten Island criminal defense lawyer can represent you throughout the legal process.

Get to Know The Vitaliano Law Firm

Every American citizen has certain constitutional rights that apply when they are arrested on criminal charges. If the police have arrested you or a loved one, it’s vital to learn about and understand these rights. Knowing what to do can provide a defendant with the greatest chance of avoiding severe legal penalties for the charges in question.

Michael Vitaliano, a seasoned Staten Island criminal defense lawyer, has years of experience as a prosecutor on Staten Island. He now leverages this experience on behalf of criminal defense clients in the Staten Island, NY, community. If you need legal representation in the face of criminal charges, The Vitaliano Law Firm can use our extensive knowledge of the state’s criminal laws to advocate for you.

Why Hire a Trusted Staten Island Criminal Defense Lawyer?

You may wonder whether you need to hire a criminal defense lawyer to represent you, especially if you have been wrongfully accused of a crime. While it’s the prosecution’s burden to prove a suspect’s guilt beyond a reasonable doubt, the suspect should still have legal counsel on their side so they can confront their charges with confidence.

The Sixth Amendment of the U.S. Constitution guarantees the right to legal representation for every individual accused of a crime. This provision exists because having a legal advocate can be vital when interacting with any aspect of the legal system.

You also have the right to remain silent under the Fifth Amendment. When you are arrested, assert this right. Then, contact an attorney. They can interact with the police on your behalf. If you speak with officers without a lawyer’s guidance, the police can twist whatever you say to back their own version of what happened.

When you choose The Vitaliano Law Firm to represent you in a criminal case, we can aggressively defend your rights through all stages of your proceedings. Our team can carefully scrutinize the conditions of your arrest and booking to see whether the police followed all applicable procedures and upheld due process.

We can then determine whether the prosecution has acted appropriately in their handling of your criminal court proceedings, including maintaining a solid chain of custody over the evidence relevant to your case. Once we know the details of your situation, our firm can begin developing defensive strategies and start working toward dismantling the prosecution’s case against you.

Representing Clients in a Wide Range of Criminal Cases

Michael Vitaliano worked as an assistant district attorney for many years, being involved in high-level prosecutions for cases involving:

• Homicide
• Sexual assault
• Drug trafficking
• Organized gang crime
• White collar crime

Today, he leverages this experience on behalf of his clients, protecting their rights through the entirety of their experiences with the Staten Island criminal justice system.

When you need a Staten Island criminal defense attorney to represent you, a former prosecutor is an ideal choice. Mr. Vitaliano knows how Staten Island prosecutors handle different types of cases and the strategies they typically employ when seeking convictions. Whatever your case entails, you can expect a flexible and responsive defense team ready to handle the most complex variables of your case.

The Vitaliano Law Firm can provide individualized, comprehensive, and aggressive defense representation in many types of criminal cases, including:

• White-collar crime. The term “white-collar crime” typically refers to financial crimes that occur in the business world. If you have been charged with securities violations, insider trading, embezzlement, or any other white-collar crime, The Vitaliano Law Firm can provide the detail-oriented defense counsel you need.
• Driving under the influence (DUI)/driving while intoxicated (DWI). DUI and DWI charges can have a significant impact on your life for years to come, potentially leading to prison time, heavy fines, mandatory counseling, and loss of your driving privileges. If you are charged with DUI or DWI in Staten Island, The Vitaliano Law Firm can work to minimize your penalty or seek a case dismissal if you were wrongfully arrested.
• Health-care fraud. Defrauding a health insurance company, Medicare, Medicaid, or any other government healthcare program can carry extensive legal penalties, including fines, incarceration, and loss of professional licenses. The Vitaliano Law Firm can navigate healthcare fraud cases with confidence, potentially uncovering exculpatory evidence that can prevent the harshest penalties.
• Tax fraud. The Internal Revenue Service, along with state and local tax authorities, is typically quite aggressive when pursuing tax fraud and back taxes. Unfortunately, people sometimes unknowingly commit tax fraud by making honest mistakes or calculation errors.You can rely on The Vitaliano Law Firm to provide the detail-oriented defense representation you need. Our team can work to minimize your sentence or find practical solutions to back tax payment issues.
• Racketeering. Racketeering involves creating a problem with the intention of profiting by selling a solution to those affected. Unfortunately, this is common in organized crime circuits, and the penalties for a racketeering conviction in New York can be devastating. If you are accused of any racketeering in Staten Island, The Vitaliano Law Firm can explain the details of your case, analyze the evidence involved, and formulate a strong defense against your allegations.
• Bribery. Bribery is the act of offering money, goods, special treatment, or other services to a person in a position of authority. In exchange, the offeror asks them to exercise their authority to benefit the offeror.

  It’s illegal to bribe any public official, government employee, law enforcement officer, federal agent, or anyone else in a position of power. If you are charged with bribery, you need a defense attorney you can trust to build a powerful defense against these charges.

• Drug-related offenses. New York state prosecutors tend to pursue convictions in drug crime cases quite aggressively, and New York’s criminal code prescribes relatively harsh penalties for many common drug-related criminal offenses. Therefore, if you are charged with drug possession, possession with intent to sell, drug manufacturing, or drug trafficking in Staten Island, NY, your defense attorney must have the professional experience necessary to help you address the most complicated details of your case.

Crime Statistics in Staten Island

In the most recent reporting year, Staten Island saw 7,817 reported crimes, equaling a crime rate of 15.77 per 1,000 residents. Of these, 1,960 were violent crimes, and 5,857 were property crimes.

Penalties for Various Crimes

New York law assigns specific penalties to criminal offenses, sometimes with very little room for flexibility or interpretation. The state also separates offenses by severity into misdemeanor and felony classifications. While less severe than a felony, a misdemeanor can still carry significant penalties.

However, the difference in penalty between a misdemeanor and a felony can be substantial. For example, a misdemeanor drug charge could lead to a fine, time in county jail, and mandatory completion of a substance abuse treatment program. If the charge were escalated to felony status, the defendant would likely face a much larger fine, time in state prison, and more expansive additional penalties.

Punishments for criminal offenses in New York can include fines, incarceration, and probation. If a crime involved harm to a victim, the defendant would likely owe restitution, and they may also face a civil claim from the victim.

Typically, violent crimes that result in physical injury or death to another person carry the harshest penalties. Penalties for many crimes can also increase if the defendant has a criminal record of past offenses, even if those offenses aren’t entirely related to the current case. One of the most important ways a defense attorney can serve their client is by verifying that the punishment fits the crime and the unique details of the case.

While a defense attorney can attempt to beat the charges as fully as possible, this isn’t always an option. In that case, a strategy focused on mitigating the defendant’s penalty may be the ideal approach, especially if the prosecution has the evidence necessary to secure a conviction.

No matter what type of criminal charges you face, Michael Vitaliano can provide the responsive defense counsel you need. He can work to prevent the worst penalties and, if possible, a conviction entirely.

What Is Plea Bargaining in Criminal Defense Law?

No attorney can promise any specific outcome to any given client. A conviction could be unavoidable if you broke the law and the prosecution has all of the evidence they need to convict you. However, this is not an entirely hopeless situation, and an experienced defense attorney can still prove to be invaluable if you find yourself in a scenario such as this.

The plea-bargaining process can potentially allow you to secure a lighter sentence and/or reduced charges in exchange for you submitting an immediate guilty plea. Prosecutors may be willing to plea bargain with a first-time offender to conserve court resources, and this could be a defendant’s greatest chance to reduce their penalty.

A good defense attorney can guide you through the plea-bargaining process. Depending on the nature of the charges included in your case, you may have more room to negotiate than you initially expect. A good defense attorney can potentially mean the difference between a felony conviction and a misdemeanor or receiving probation rather than jail time.

What Is Alternative Sentencing in New York?

While the New York Penal Code assigns specific punishments for criminal offenses, it’s important to note that the judge handling the sentencing in a criminal case generally has discretionary power to adjust a defendant’s sentence based on the case’s unique factors.

Alternative sentencing can come up in a criminal case when the standard punishment would not serve the cause of justice, in the judge’s view. Alternative sentencing, sometimes called diversionary sentencing, typically focuses on rehabilitation rather than punishment. It is generally reserved for cases involving drugs, alcohol, or defendants with mental health conditions.

For example, a judge in a drug possession case may recognize that the defendant suffers from a substance abuse disorder. In this situation, the judge may believe that incarceration would not rehabilitate the defendant in any way or prevent them from committing future offenses.

Instead of jail, the judge may order the defendant to attend a substance abuse treatment program. Alternative sentencing may also work for defendants who show clear signs of mental health disturbance, and judges handling such cases may order those defendants to complete therapy and counseling programs to stay out of jail.

It’s important to note that if alternative sentencing is possible in a criminal case, it is usually conditional. This means that the defendant must meet certain conditions for the alternative sentence to hold. Otherwise, they go to jail or face other penalties.

For example, if the judge handling your drug possession case orders you to complete an 18-month rehab program, and you quit the program or fail to attend meetings after a few months, the program could report this to the judge, and a warrant could be issued for your arrest.

If you qualify for any type of alternative sentencing, your defense attorney can help you take full advantage of these options. They can also advise you on how to comply with the judge’s order. As a final note, it’s important to remember that alternative sentencing is rarely extended to defendants who have committed repeat offenses or failed to complete alternative sentencing for prior convictions.

What Happens If I’m Wrongfully Convicted?

The American criminal justice system requires the prosecution to prove guilt beyond a reasonable doubt to convict, and the defendant must be found guilty by a unanimous verdict from a jury of their peers. Unfortunately, wrongful convictions can and do happen for a wide variety of reasons. If you believe that your conviction was wrongful and that you suffered a failure of the justice system, it is possible, though very difficult, to reverse the court’s decision.

The appeal process allows you to challenge the ruling of a lower court by filing an appeal with a higher court of appeals. This process is not the same as a new trial, and you cannot present new evidence. Your appellate attorney must provide a brief explaining the failures of the justice system that influenced the outcome of your case.

A panel of three appellate judges can review the brief and determine whether the appeal holds merit. If the appeal succeeds, the appellate court can release an opinion and enter an order as to what happens next. The success of an appeal hinges on the strength of the appellate brief. Therefore, if you intend to appeal the outcome of your criminal case, it’s vital to find the right attorney to handle this process.

What Happens After an Arrest on Staten Island?

After an arrest in Staten Island, defendants are sometimes taken to the NYPD precinct that patrols the local geographic district where they were arrested. Staten Island is patrolled by the NYPD’s 120th, 121st, 122nd, and 123rd Precincts.

For example, the location of the 120th Precinct is 78 Richmond Terrace, and it patrols neighborhoods such as St. George, Stapleton, West Brighton, and Rosebank. However, each of Staten Island’s NYPD precincts patrols different parts of Staten Island.

As part of arrest processing, police may collect identifying information, complete paperwork, and take fingerprints and photographs when legally required. Then, if the defendant remains in police custody, they go through Central Booking before arraignment. The amount of time this process takes depends on the arrest and charge.

What Is a Desk Appearance Ticket?

With a Desk Appearance Ticket (DAT), the police allow an arrested person to leave custody with a notice to appear in criminal court on a designated date in the future. Per New York Criminal Procedure Law § 150.10, an appearance ticket is essentially a written summons instructing an individual to present themselves at a designated local criminal court regarding an alleged offense.

Nonetheless, simply getting a DAT isn’t an indication that the situation is trivial or that the matter is concluded. Whether a permanent criminal record results depends on how the case is resolved and the sealing laws that may apply.

Arraignment at Richmond County Criminal Court

Many defendants appear in court for the first time at Richmond County Criminal Court. At arraignment, the defendant is advised of their charges and criminal law rights. When dealing with misdemeanor charges, the judge reviews the initial charging document, and a plea follows at the correct time. Felony complaints are subject to different procedures.

The judge also determines what is going to happen while the case is pending. Among other issues, the judge decides whether the defendant is going to be released and whether any conditions should apply.

How Do New York Bail Laws Affect Release?

New York limits the circumstances when judges can impose monetary bail. When an offense isn’t eligible for bail, a defendant is typically released under ROR, or Release on Recognizance, unless a judge determines that their appearance wouldn’t be reasonably assured by this method.

When the judge arrives at that finding, they are compelled to apply the least restrictive non-monetary conditions to effectively guarantee the defendant’s appearance in court moving forward.

What Happens to a Felony Case Before a Grand Jury?

The Staten Island District Attorney may present felony charges to a grand jury. Grand juries in Richmond County hear evidence presented by prosecutors. They decide whether the prosecution has established sufficient legal grounds to issue an indictment. State law gives defendants the right to appear as witnesses before the grand jury. To exercise that right, defendants must adhere to the notice requirements and procedural laws in place.

Deciding whether to testify is an important decision. Testifying allows a defendant to go before the grand jury and directly share information. However, testifying also means that the defendant may be questioned by prosecutors.

After reviewing the prosecution’s allegations and evidence, your attorney can discuss the potential benefits of testimony and its risks. Defense counsel should advise defendants about whether testifying before the grand jury is consistent with their overall defense strategy.

What to Expect From Staten Island Criminal Defense Lawyers

Michael Vitaliano has years of experience on both sides of the criminal justice system, starting his professional career as an assistant district attorney before moving to criminal defense. Now, he works hard to protect the rights of his fellow Staten Island, NY, residents through the criminal justice system. When you choose Mr. Vitaliano to represent you, you can expect close, personalized attention through every phase of your case.

As soon as you can make a phone call after your arrest, The Vitaliano Law Firm can be ready and available to manage your case. You can rely on Mr. Vitaliano for comprehensive representation through arraignment and pretrial hearings.

Depending on the nature of your case, your defense team can either focus on: 

• Mitigating your sentence through effective plea bargaining
• Working toward case dismissal by highlighting the procedural errors and evidentiary shortcomings of the prosecution
• Seeking an acquittal through an effective interpretation of available evidence and the uncovering of exculpatory evidence that proves your innocence

No two criminal cases are exactly alike, which is why Mr. Vitaliano believes in client-focused defense counsel in every case The Vitaliano Law Firm accepts. We can take time to learn as much as possible about you and the situation leading up to your arrest.

Our firm has extensive resources and years of experience in handling the most difficult cases on behalf of our Staten Island clients. Whatever your case entails, you can rest assured that our team can work hard to create the most robust defense possible.

If you are ready to discuss criminal defense representation with a Staten Island criminal defense attorney you can trust, contact The Vitaliano Law Firm today to find out how our team can mount your defense.

FAQs

Q: Can an Attorney Still Represent Me If I’m Guilty?

A: The job of a criminal defense lawyer is to assert the defendant’s rights and see that any penalty assigned is suitable for the offense in question. Defense attorneys do not solely represent the innocent and wrongfully accused. A guilty defendant has arguably more to gain by working with an experienced defense attorney than a defendant facing a wrongful accusation, as legal representation can be crucial for reducing the severity of a sentence.

Q: How Do I Choose a Criminal Defense Attorney?

A: While time is a critical factor after an arrest, you should take time to research your options for a defense attorney in your area. Look for a defense lawyer who has a solid record of successful cases and a high rating from past clients. Michael Vitaliano has years of experience in handling the most difficult criminal cases on behalf of Staten Island clients. He can put this experience to work in your case.

Q: What Happens If My Rights Have Been Violated?

A: If you suffer any violation of your civil or Constitutional rights due to the actions of the police or prosecutors, The Vitaliano Law Firm can gather whatever evidence is required to prove the nature of your experience and hold the appropriate parties accountable.

A violation of your rights could potentially be enough to have your case thrown out of court, and the party responsible could face disciplinary action or even prosecution, depending on the scope of their behavior.

Q: How Much Does a Criminal Defense Attorney Cost in Staten Island?

A: Most criminal defense lawyers charge their clients by the hour. Some may charge a flat fee for simple legal matters. Before accepting any defense lawyer’s representation, you should verify their billing policy and their fee structure. That way, there are no surprises concerning the potential cost of their legal services.

Contact a Trusted Staten Island Criminal Defense Lawyer

It’s completely normal to have numerous questions about your upcoming criminal case—whether you’re facing criminal charges after an arrest, needing to prove your innocence from a false accusation, or seeking to reduce penalties for a mistake. A skilled Staten Island criminal defense lawyer can safeguard your legal rights and navigate the complexities ahead.

The Vitaliano Law Firm has the proven experience needed to confidently handle your case. Contact us today for your consultation with a Staten Island criminal defense lawyer.