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Utica Criminal Defense Lawyer

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Utica Criminal Defense Lawyer

Are you facing criminal charges in Utica, New York? If so, you may be feeling overwhelmed and uncertain of what to do next. The legal team at Passalacqua & Associates, LLC is here to help you navigate this difficult situation. 

Our Utica criminal defense lawyers have 50 years of combined experience, and we’re committed to protecting our clients’ rights. Whether you’ve been charged with a minor offense or a serious felony, we have the skills and dedication to fight for you. 

Get our award-winning attorneys on your side to advocate for your freedom and future. Contact our law office today at (315) 500-6425 for a confidential and case evaluation to discuss your criminal case.

Why Should I Hire Passalacqua & Associates, LLC If I’m Facing Criminal Charges in Utica, NY? 

Why Should I Hire Passalacqua & Associates, LLC If I’m Facing Criminal Charges in Utica, NY? 

If you’ve been charged with a crime in Utica, NY, no matter how minor it might seem, it’s essential to have skilled legal representation. Navigating the New York justice system alone can be detrimental to your case. 

By hiring Passalacqua & Associates, LLC, you gain trusted advocates who will start mounting a customized and robust defense for you right away. We have the extensive experience and resources needed to minimize the impact of criminal charges on your life.

When you work with our top-rated Utica criminal defense attorneys, we will: 

  • Evaluate the evidence and charges against you
  • Independently investigate the allegations to collect our own exculpatory evidence
  • Explain your legal rights under NY law and help you understand what to expect
  • Build a strategic, personalized defense based on the facts of your situation
  • Handle all court filings and represent you at all hearings
  • Negotiate with prosecutors and help you decide whether to accept any plea deals
  • Fight for case dismissals, reduced charges, and/or acquittals 
  • Provide aggressive representation and treat you with respect throughout the process

Don’t wait to reach out to our Utica law firm for assistance. The sooner we start preparing your defense, the better your chances of securing a favorable case result. Schedule a strategy session today to learn more about our legal services and how we can help you. 

We Handle All Types of Criminal Defense Cases in Utica 

At Passalacqua & Associates, LLC, we assist clients who are facing all kinds of criminal charges, including the following practice areas:

DUI/DWI

Driving while intoxicated (DWI) laws are strictly enforced in New York, and a conviction for this crime can result in fines, license suspension, and jail time. Our Utica DWI defense lawyers will fight to protect your rights, challenge questionable evidence, and work to reduce your penalties. Whether it’s your first offense or you have multiple on your record, we’ll push to secure the best possible outcome.

Drug Crimes

Drug charges in New York carry severe consequences, and the exact punishment depends on various factors. Our Utica drug crimes lawyers defend against possession, distribution, and trafficking crimes. We will challenge illegal searches, question evidence, and negotiate for reduced charges or treatment alternatives to protect your future.

Gun Charges

New York has strict gun laws, and firearm offenses can lead to serious penalties. Our Utica gun crimes lawyers defend against unlawful possession, concealed carry violations, and other weapons offenses. We’ll fight to suppress illegally obtained evidence and work to minimize or dismiss your charges.

Domestic Violence

Offenses committed against certain family or household members can result in criminal penalties and protective orders. While not always the case, many of these situations arise due to false accusations of abuse. Our Utica domestic violence defense lawyers will protect your rights and work to restore your reputation.

Sex Crimes

Sex crime convictions in New York can lead to prison time and mandatory registration as a sex offender. Our Utica sex crimes lawyers defend people who have been accused of rape, sexual assault, child molestation, and other related offenses. We will listen to your side of the story and build a strong defense to protect your future.

Homicide/Murder

Murder charges carry the most severe penalties, including life in prison. It’s crucial to call our Utica homicide defense lawyers immediately if you’ve been accused of causing someone else’s death. We may find that any number of defenses, from lack of evidence to self-defense, apply.  Your future is on the line – trust us to defend you.

What Is the NY Criminal Process?

You should be familiar with the criminal process in New York. When you know what to expect, you lessen your stress during an already-nerve-wracking experience. 

While your case may involve slightly different steps, the basic timeline is as follows: 

  • Arrest and processing: You may be brought into police custody and processed at the station.
  • Arraignment: You will appear in court before a judge, where you’ll hear the charges against you. The next steps depend on how you plead. If you enter a not-guilty plea and are incarcerated, the judge will then decide whether to keep you in jail, set bail, or release you on your own recognizance (ROR). 
  • Pre-trial phase: The defendant and prosecutor will exchange evidence and information (discovery). Additionally, each side may file pre-trial motions for the judge’s consideration. Court sessions may also be held during this stage, such as a suppression hearing to exclude certain evidence. 
  • Trial: If you do not reach a plea bargain, your case will proceed to trial before a judge or jury. The prosecution has the burden of proving your guilt beyond a reasonable doubt. If you are found to be innocent, you will be acquitted and subsequently released from custody.
  • Sentencing: You will be sentenced by the judge if you pled or were found guilty.  

This is a broad outline of what to expect if you’re arrested for a New York crime. Some cases may be dismissed or resolved with negotiated plea bargains, meaning they could follow different paths. Regardless, you should work with an experienced criminal defense attorney in Utica who can guide you through the process.

Why Should I Hire a Criminal Defense Attorney?

We cannot overstate the importance of hiring a skilled defense lawyer if you’ve been charged with a crime. With representation, you significantly increase your odds of a more favorable and fair outcome. 

Your attorney will: 

  • Protect you at every stage: Your lawyer will ensure that your constitutional rights are upheld throughout the process.
  • Build a strong defense: You may face not only prison time and fines but also life-altering collateral consequences that affect your relationships, job, and stability. An attorney will craft a unique strategy tailored to the facts of your case and work to minimize potential impacts on your future. 
  • Keep you from making life-changing mistakes: There are many risks involved if you represent yourself, from providing self-incriminating statements to accepting a bad plea deal. A lawyer will prevent you from saying or doing things that could hurt your case.
  • Help you navigate the NY criminal justice system: New York attorneys know state laws, procedures, and courts, benefitting those who may be unfamiliar with the many complexities.

Aside from the legal and procedural advantages, good criminal defense lawyers understand how stressful it can be to face charges. They will offer compassionate guidance and support to help alleviate your worries during this challenging period. 

Should I Hire a Lawyer If I’m Innocent?

Yes. Unfortunately, innocent people are convicted of crimes they did not commit more often than you may think. 

Sometimes, that’s because they choose to represent themselves, which is a mistake. There are complex laws and issues involved in a criminal case, and too many things can go wrong. Police misconduct, mistaken identity from unreliable witnesses, misleading evidence, and procedural errors can all result in a wrongful conviction.

With an attorney by your side, you have someone with a heightened knowledge of New York laws, local court rules, judges, and prosecutors. They can ensure that you receive fair treatment at all times and protect you from injustices that could derail your life.

How Does a Utica Defense Lawyer Investigate a Criminal Case?

A thorough investigation is critical if you’re facing a criminal conviction in New York State. It may reveal potential explanations and strategies that can help you fight the charges against you.

There are many things a Utica defense attorney may do to investigate and build your case, including: 

  • Examining police reports, body cam footage, witness statements, and any physical, digital, or forensic evidence  
  • Interviewing anyone with knowledge of the alleged crime to uncover additional facts
  • Working with experts as needed
  • Analyzing and challenging the prosecution’s case for weaknesses, inconsistencies, or rights violations
  • Researching relevant case law and statutes to identify potential arguments and defenses

Based on the investigative findings, your lawyer can file motions to suppress evidence or even dismiss charges altogether. 

What Should I Bring With Me When I First Meet With a Criminal Defense Attorney?

To save time, you should come as well prepared as you can to your initial meeting with a criminal defense attorney. You must bring all of the documents that you may have that pertain to your arrest or the investigation of your case.

These documents may include copies of any charges, search warrants, subpoenas, or appearance tickets. In addition, if law enforcement executed a search warrant on your residence or place of employment and seized any items, they should have provided you a list of all of the property that was removed. Your attorney will need this information as well as the names and addresses of any witnesses.

During this initial meeting, your criminal defense attorney will review all of the materials that you have submitted. The next step will be to formalize and determine the best strategy and defense to implement based on the circumstances of your case.

Can I Get Arrested If the Police Don’t Have an Arrest Warrant?

Yes, there are some limited instances where a police officer can take you into custody without a warrant. For example, if they witness you in the act of committing or attempting to commit a crime, they can arrest you on the spot. A law enforcement officer can also arrest you if they have probable cause to believe that you already committed a crime.

If you experienced a warrantless arrest, a defense lawyer can evaluate the facts to determine whether any police misconduct or constitutional violations took place. 

Can Police Conduct a Search Without a Warrant?

While the police typically need a search warrant under the Fourth Amendment, there are some exceptions to the general rule, such as: 

  • You voluntarily and freely consent (without unlawful intimidation or coercion)
  • The search is incident to arrest – for example, if you’re arrested, the cops can search your person for weapons
  • There is incriminating evidence in plain view, such as drugs on the dashboard during a routine and lawful traffic stop
  • There are exigent circumstances involved – for example, if the police hear a gunshot from inside a house, they likely have probable cause to enter the residence to ensure everyone’s safety

Of course, there are always nuances to every situation. If officers conducted an illegal search of your person, vehicle, or home, your attorney can move to suppress the evidence, which could significantly weaken the case against you.

What’s the Difference Between a Misdemeanor and a Felony?

In New York, a misdemeanor is less severe than a felony, generally carrying lighter penalties and fines; they are divided into three groups

  • Class A: Penalties include punishment of up to one year in jail (the most serious)
  • Class B: Can be punished by up to three months in jail 
  • Unclassified: May be punishable by three years of probation and/or jail time of up to one year

By contrast, felonies are more serious than misdemeanors and carry harsher penalties, typically ranging from one year in jail to life imprisonment. The State of New York categorizes these crimes into classes, and also as “violent” or “non-violent.” The actual sentence imposed will depend on the specific felony classification and the defendant’s criminal history.

What is Bail? 

Bail is money or security a defendant gives to the court in exchange for their release from jail. It also serves as a promise that the individual will return for scheduled hearings. By posting bail, a person can return to their normal life as their case progresses. If you cannot afford it, you can work with a bail bondsperson; otherwise, you must stay in jail until your next court date. 

A judge makes bail determinations, including the amount to be paid. Some defendants may be released on their own recognizance (ROR), meaning they don’t have to post any money. In other cases, such as those involving serious felonies or prior felony convictions, the judge may deny bail altogether. 

A lawyer can argue for ROR, lower bail amounts, or alternative release conditions to keep you out of jail while awaiting trial.

What’s a Plea Bargain? Should I Accept a Deal?

A plea bargain is an agreement made between a defendant and the prosecutor that settles the case without the need for a trial. It can involve: 

  • The defendant pleading guilty (or no contest) in exchange for lessened penalties or alternative sentencing (e.g., probation instead of jail time)
  • The defendant pleading guilty to one crime and having any other charges dropped
  • Charge reductions, such as downgrading a felony to a misdemeanor

Generally, your defense attorney will negotiate with the prosecution to attempt to resolve the case. However, the prosecutor can also refuse to bargain – it is at their discretion. 

You can reach a plea deal at any stage of the case, from the arraignment to up until a court verdict is rendered. If both sides do reach an agreement, the judge must approve it, and they will also decide the sentence. 

A plea bargain can be advantageous because it avoids a costly trial, making it a quicker and more certain option. However, it isn’t the right choice for everyone. You need to really ensure that you understand the terms and potential consequences that will result from having a criminal record. 

Before accepting any plea offers, it’s essential to consult a criminal defense lawyer in Utica.

Is it Mandatory That I Appear in Court if I Have Been Charged With a Crime?

Typically, if you have been charged with a crime, it is mandatory that you appear in court to answer the charges that have been presented against you. It does not matter if the crime that you have been charged with is a misdemeanor or a felony. It should be noted that you will most likely have to appear before the court a number of times before your case is finally resolved.

However, there are some situations in which an attorney may appear on your behalf. You cannot take it for granted that this is permitted in your particular case. It is always best to consult with your attorney as to whether or not your presence is required for a court date.

If for any reason you cannot appear on your set court date, it is of vital importance that you contact both your lawyer and the court clerk to inform them as to why you cannot attend and so that your appearance may be rescheduled. Failing to appear for a court date could cause a warrant to be issued for your arrest. Failing to appear in court can also hurt your case in the long term.

What Should I Do If I Have Been Arrested for a Criminal Offense in Utica?

If you are arrested in Utica, keep these things in mind to protect yourself: 

  • Stay calm and do not argue with the police. 
  • Exercise your right to remain silent. Everyone has heard this phrase, but many forget about it in the heat of the moment. Anything you say can be used against you, so it’s best to stay quiet to avoid making statements that can damage your case.
  • Request an attorney immediately before you speak with the authorities. 
  • Do not discuss your situation with anyone except your lawyer. That includes family, friends, cops, and even other inmates.

The best thing you can do is seek legal representation as soon as possible. A New York criminal defense attorney can ensure that you’re fully informed of your rights.

Contact Our Experienced Utica Criminal Defense Attorneys For Legal Help

If you or a loved one have been arrested in Utica, NY, now is the time to call a lawyer. The team at Passalacqua & Associates, LLC is here to provide immediate assistance and support. 

Collectively, our New York criminal defense lawyers have five decades of experience to use to your advantage. Regardless of the charges you’re up against, we’re ready to put our dedication and skills to work for you as we fight for your freedom. 

Contact our Utica criminal defense law firm today to discuss the details of your case. 

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About Us

Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.

Areas We Serve

Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.

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