Advocates for the Rights of the Criminally Accused – Put Experienced Former Prosecutors on Your Side
At the White Plains criminal defense firm of Greco Neyland, PC, our law firm provides exceptional criminal defense representation to those arrested for both federal and state crimes. Our law firm offers the experience of former prosecutors with high conviction rates, which provides inside knowledge of the strategies that the Assistant District Attorney (ADA) will utilize when constructing a case against you. This experience also provides unique insight into potential deficiencies in a prosecutor’s case. Whether we are tenaciously cross-examining witnesses for the State, exposing witness bias, or challenging an unlawful search, we provide the zealous defense to NY State criminal charges that our clients expect when retaining a criminal defense attorney.
Our lawyers have handled thousands of criminal cases that include homicide, felonies, misdemeanors, and serious traffic offenses. Some of the New York State crimes we handle include, but are not limited to:
- Homicide Offenses: Murder and Manslaughter;
- Violent Crimes: Weapons Offenses, Armed Robbery, Firearms Offenses, Assault, and Battery;
- Sex Crimes: Prostitution, Solicitation, Pimping, Pandering, Forcible Rape, and Date Rape;
- Theft Crimes: Grand Larceny, Shoplifting, Debit Card Fraud, Credit Card Fraud, Bogus Checks, and Forgery;
- Drug Crimes: Possession, Possession with Intent to Distribute, Sales, Paraphernalia, Manufacturing, and Trafficking;
- Crimes against Children: Child Pornography, Sexual Abuse, Child Endangerment, and Statutory Rape;
- Driving Offenses: Driving on a Suspended License, DWI, DWAI, and Reckless Driving.
Types of Offenses and Sentencing Structure under New York Law
These are just a few examples of New York State criminal cases that our attorneys handle for individuals who have been arrested or who are the targets of a criminal investigation. Offenses under New York law are categorized into two distinct categories based on the severity of the offense and potential punishment: misdemeanors and felonies. Misdemeanors are defined as crimes that carry a punishment of one year or less in jail. Examples of misdemeanors include petit larceny (i.e. shoplifting), a first offense of DWI, or possession of a very small quantity of cocaine.
A felony conviction has more severe consequences, which can include a lengthy term in state prison and the loss of certain constitutional rights. The most serious felony convictions can result in life imprisonment. Felonies include crimes like murder, drug trafficking, and rape.
Each category of offense has further levels based on the severity of offense. Felonies are graded from A to E, with A felonies being the most serious and E being the least serious. Misdemeanors are graded as A, B, or U misdemeanors, with A and U misdemeanors carrying comparable penalties. B misdemeanors subject offenders to less serious punishment. Because there are so many factors and exceptions that impact sentencing under New York law, we offer a free consultation so that we can analyze your situation and explain your risk exposure.
Overview of the Pre-Trial Process for Felonies in New York Criminal Courts
Grand Jury Indictment
When you are arrested for a felony, the prosecutor must make a presentation to the Grand Jury to determine whether an indictment should be issued, permitting the prosecution to move forward. Most Grand Juries return an indictment because the burden of proof is a much lower standard than at a criminal trial. Further, the Grand Jury hearing is really the “prosecutor’s show.” The defense does not get an opening or closing statement. The accused also does not get to cross-examine the prosecutor’s witnesses or present defense witnesses. In addition, the process is actually secret, so the defendant does not get to know who testified or the substance of the testimony.
Pre-Trial Hearings &Evidentiary Motions
After the Grand Jury indictment, the defendant will appear in Supreme Court for an arraignment on the indictment. The judge will establish a motion schedule that can provide an opportunity to seek exclusion of certain types of evidence. Although there are many types of motions that our New York criminal defense attorneys use during cases, which are based on the specific charges and circumstances, there are three types of motion hearings that are common, including:
Huntley Hearings: This is a hearing where our criminal defense attorneys challenge the admissibility of statements that the prosecutor claims were made by the accused. Incriminating statements might be excluded because they were “not voluntary,” such as where they are obtained by physical force. Alternatively, statements might be obtained without a Miranda advisory or otherwise in violation of the defendant’s Miranda rights.
Mapp Hearings: We file this type of motion to challenge the manner in which physical evidence is obtained by the police. When narcotics or other evidence is seized during the search of a vehicle following a stop, the evidence may be subject to suppression if the officer had no basis to suspect that the driver was engaged in criminal activity.
Wade Hearing: If there are fairness issues involved in a lineup or other identification evidence, our attorneys file a motion to challenge the unfair nature of an identification. If the accused is the only Hispanic in a lineup in a criminal case involving a Hispanic perpetrator, for example, we would challenge the fairness of this type of identification.
Plea Agreements or Tenacious Defense at Trial
Ninety percent of criminal cases settle prior to trial. Our criminal defense lawyers at Greco ♦ Neyland, PC are committed to pursuing a meticulous investigation of the facts and applying a thorough knowledge of existing law when building a defense strategy. Whether we are filing pre-trial motions, using cross-examination to expose misrepresentations by the arresting officer, or presenting expert testimony regarding our client’s mental state, we believe that plea bargains only serve our clients’ interests when they are based on the most effective and well-researched defense.
Whether you are facing DWI charges with no criminal history or you were arrested for attempted murder with prior felonies convictions, we tailor our efforts to your unique situation. We became criminal defense attorneys because we believe that protecting the rights of the accused is essential to ensure the integrity of our criminal justice system. At Greco Neyland, PC, our lawyers force the prosecutor to prove every element of his or her case beyond a reasonable doubt. When you retain our law firm, you can trust that we are not looking for a fast and efficient plea bargain, we are ready, willing, and able to take your case to trial unless the prosecutor is willing to accept a plea agreement on our client’s terms.
At Greco Neyland, PC, our New York criminal defense lawyers recognize that people are scared and anxious when they are arrested and charged with a crime. When you understand the process, this knowledge can make your situation less intimidating. We offer a free consultation to address your questions and discuss your options. Call us today at (914) 358-9146 or click here to schedule your free consultation.