Defense Is What We Do and We're Good at It

We will review your case and apprise you of your options and legal rights. Don’t take any criminal, DUI, or traffic charge laying down, talk to us today.

210 E Main St Suite 301

Middletown, NY 10940

(845) 567-4820

info@greenwaldfirm.com

https://greenwaldfirm.com

https://mgyb.co/s/ZWdvw

Criminal Defense Attorney Middletown NY

How a Criminal Record Affects Your Personal Life?

A criminal arrest and conviction record can lead to serious legal and personal consequences that can last for many years, and sometimes for the remainder of your life.

Obviously, the best way to avoid a criminal record is to avoid an arrest or conviction in the first place.

For you to sustain a conviction, the state prosecutor handling your case has to satisfy their legal burden beyond a reasonable doubt.

If the prosecutor meets their burden, it will be up to a judge to decide the criminal penalties to impose.

If you are facing one or more criminal charges, a Middletown, NY DUI/DWI & criminal defense lawyer from Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney, can protect your legal rights while your case is pending.

If you ultimately sustain a conviction, we can represent you at a sentencing hearing and work to minimize the legal and personal consequences that you incur.

Legal Consequences of a Criminal Conviction in NY

A sentencing judge can impose very serious penalties if you are ultimately found guilty or convicted of a criminal charge.

The potential penalties will depend upon the underlying charge(s) and the penalties allowed pursuant to state statute.

Some offenses have statutory minimum and maximum penalties or establish a penalty range, which a sentencing judge can use as their guideline.

Potential penalties upon conviction for a criminal offense may include any of the following:

Jail time
Mandatory supervised or unsupervised probation
Monetary fines
Court-ordered community service

In some instances, we may be able to argue for a period of supervised or unsupervised probation on your behalf.

If you successfully complete the terms of your probation and do not obtain any new arrests while your case is pending, the conviction goes away.

Furthermore, you can truthfully state on any job or rent applications that you do not have any prior convictions on your record.

Collateral Consequences of a Criminal Record on Your Personal Life

In addition to the potential legal consequences of an arrest or conviction on your record, you might also be facing various collateral consequences.

Those consequences can include:

Difficulty finding a job, since employers typically perform a criminal background check prior to hiring
Difficulty gaining admittance to a college or university because of the criminal charge or conviction on your record
Difficulty finding a place to live in a decent area

Under certain circumstances, if you sustained an arrest, but not a conviction, you might be eligible to have your criminal record expunged after a period of time elapses.

That way, your criminal record, and its contents will not be available for the general public to view.

If someone performs a criminal background check on you, the arrest record will not appear.

The best way to avoid the penalties of a criminal record is to defend against a conviction to start with.

Our Middletown, NY DWI & criminal defense attorney will do everything possible to minimize the collateral consequences of an arrest or conviction and can if you are eligible for a criminal records expungement.

Contact an Experienced Middletown, NY, Criminal Defense Lawyer Today

If you have a pending criminal charge or conviction, Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney, is ready to assist you at every stage of your case.

We can first represent you at your criminal court hearings, raise any possible legal defense, and pursue a complete dismissal of your charge.

If that is not possible, we can represent you at your criminal sentencing hearing and work to obtain the best possible result for you.

For a free case evaluation and legal consultation with a knowledgeable Middletown, NY DWI & criminal defense lawyer, please contact us directly.

We are ready to discuss your case and advise how we might help. Call: (845) 567-4820

Criminal Defense Attorney Middletown NY

What Is the Statute of Limitations on Drug Crimes?

Criminal prosecution in Minnesota, in any case, requires that the people involved comply with something called a “statute of limitations.”

This is a law enacted by a state legislature or Congress that bars the prosecution of a defendant beyond a certain time limit from the date the alleged offense took place.

Once the time specified by a statute of limitations has expired, then there will not be any legal action related to the alleged criminal conduct brought against the suspect or alleged offender.

The statute of limitations period starts to run on the date of the alleged offense or on the date when the offense was discovered, whichever occurs later.

There are some cases where the clock for the statute of limitations may be paused for some time and resume again afterward.

For example, where the offense is committed against a minor, the time clock on the applicable statute of limitations may be paused until the minor victim reaches legal age.

Nearly all criminal offenses are subject to a statute of limitations.

However, for more serious criminal offenses, such as murder or sexual offenses, Minnesota law allows charges to be brought against a suspect at any time, which means the suspect can be arrested even if it has been decades since they committed the offense.

Why Do We Have Statutes of Limitations?

It is understandable that a victim of a civil wrong or criminal offense will often feel as though they have been denied justice.

Because a statute of limitations prevents them from filing a case or prevents the government from prosecuting a suspect who the government has evidence they committed a crime.

However, there are several reasons why the statute of limitations law exists and why it is important that it does. Some of the reasons for this include the following:

Due Process. The US constitution guarantees defendants due process of law in their prosecution under the Fifth Amendment and the right to a fair and impartial trial under the Sixth Amendment.

These guarantees ensure that defendants are not subject to unfair prosecution or other illegal action.

For example, after several years have passed, relevant evidence could be lost, and if that is the case, both the prosecutor and defendant in a criminal case may be unfairly hindered, leading to an unjust verdict.

Available Resources. The cost of investigating, arresting, trying, and incarcerating those convicted is very high in every state, and Minnesota is no exception.

Although prosecutors have prosecutorial discretion in deciding which cases to prosecute, the criminal justice system would be overwhelmed with no resources to handle the volume of cases if there was no statute of limitations.

However, with the statute of limitations, the prosecution is precluded from pursuing those cases subject to the statute – therefore freeing resources for other more recent or serious crimes.

Of particular concern when it comes to due process is relevant eyewitness testimony, especially if no formal statement was made by a witness near the time of the alleged offense.

People’s memories fade and become less reliable over time, and it is considered unreasonable to expect witnesses to be able to clearly recall details from an incident that may have occurred decades earlier.

Some challenge these justifications on the grounds that a criminal should not illicitly benefit from a delay in obtaining the evidence to convict them.

Defenders of the statutes counter that defendants are presumed innocent until they are proven guilty.

There is also a balancing potential advantage for the people in deliberately delaying prosecution until the defendant is incapable of mounting an adequate defense.

In the case of various drug crimes, the applicable statutes depend on a number of factors, including the state where the crime is being prosecuted, the home address of the defendant, and the nature of the offense.

General Statute of Limitations

In a state like Minnesota, where criminal defense lawyer Justin Schiks practices, the statutes of limitations for drug crimes vary depending on whether the offense is charged as a felony or misdemeanor.

For felony offenses, the statute is generally three years from the time the offense is alleged.

This means that a prosecution must commence within that period of time unless the statute is tolled for some reason.

Generally speaking, it is very rare for a prosecutor to successfully challenge a statute of limitations.

This is one of the many protections given to criminal defendants to make certain they are not put in a situation where the prosecution has been able to preserve their evidence while the defense is left with no way to prepare their case.

Evidence can be lost, memories can fade and witnesses can become unavailable for a variety of reasons.

This is why it can be considered unfair for a prosecution to commence long after the alleged offense.

Exceptions to the Statute of Limitations

Statutes of limitation can be tolled, or paused, under certain circumstances. While a statute is paused, the time that elapses is not counted against the term during which a prosecution can commence.

The most common reason a statute is tolled is if the suspect leaves the jurisdiction, or state, in which the alleged offense was committed.

In Minnesota, the time during which some evidence is tested can be grounds to toll the statute.

If a suspect or defendant is enrolled in a pre-trial diversion program, that can also be grounds for the same.

Occasionally, a legislature will lengthen or reduce the term of a statute of limitations.

However, based on a ruling by the Supreme Court in Stogner v. California, retroactive prosecution of a suspect based on altering the statute of limitations that was in effect at the time of the alleged offense was ruled unconstitutional ex-post-facto law.

Once the statute expires, even an act of the legislature cannot restore the people’s power to prosecute.

In any criminal prosecution, it is vital to have the assistance of experienced and knowledgeable counsel.

A Middletown, NY Criminal Defense Lawyer like Justin Schiks of Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney can be of tremendous assistance in navigating legal issues like statutes of limitations and the various means of mounting a defense against drug charges.

What a Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney Can Do for You

When you contact our law firm for a consultation to help with a legal defense against serious drug charges, the first thing we do after learning and understanding the facts in your case is to establish whether your case is subject to the statute of limitations.

If it is, we will move to have the case dismissed, and if it is not, we will help you mount a vigorous defense against the charges.

Bail for Felony Offenses

If a police officer arrests you on a felony charge, your case may proceed to a bail review hearing. At that hearing, a judge will determine whether to release you on your own personal recognizance, hold you without bail until your trial date, or set bail in your case.

If a judge releases you, the judge does so on the promise that you will show up to court for your trial date. If the judge denies bail, you must remain in jail while your case proceeds.

However, if the judge sets a monetary bail, you have an opportunity for release while you are pending trial.

Never pay the initial bail or assume you must stay in jail after being charged with a felony. Instead, seek help from a Middletown, NY criminal defense lawyer who can represent you at your bail hearing.

What Is a Felony Criminal Charge in NY?

Felony crimes are serious offenses that are typically punishable by more than one year of incarceration. Common felonies include some forms of assault, certain drug charges, and homicide. In addition to the potential for jail time, a felony conviction could lead to high monetary fines, court-ordered community service, and probation.

Given the potential penalties and collateral consequences upon conviction, it is important that you have an experienced Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney representing you as soon as possible in your felony case.

Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney can advocate for you at every stage of your case. Including at bail review, during plea negotiations with the prosecuting attorney, and at trial.

What Options Do You Have when a Judge Sets Bail in Your Case?

The purpose of bail in a criminal case is to guarantee that a defendant will show up to their court date. In some felony cases, a judge will set a monetary bail. The bail amount will depend upon the bail schedule, along with the case circumstances and other factors, including:

Whether the accused has a history of arrests and convictions, and what those arrests/convictions were for
When the accused had their most recent arrest or conviction
Whether the accused has a history of missing court dates
Whether the accused has a job and other ties to the community that would prevent them from being a flight risk
Whether the accused is currently on probation or parole in another case
Whether the accused has any pending court dates in the near future
Whether the pending charge is a violent crime
In assault and domestic violence cases, whether the accused was ever violent towards the alleged victim on previous occasions
Whether the accused is currently out on bail in another case
If a judge sets bail in your case, you will have several options. First of all, a friend or loved one could post the full amount of the bail, after which you would be eligible for release.

In some instances, you could pay an agreed-upon percentage of the total bail, usually 10 percent, to a bail bondsman who would then post bail on your behalf.

Call an Experienced Middletown, NY Criminal Defense Lawyer about Your Case Today

If you are facing any criminal charge, even a relatively ‘minor’ one, it is essential that you have a skilled lawyer representing you from the beginning of your case until the very end.

Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney, can aggressively defend you throughout your criminal case, ensure that your legal rights remain safeguarded, and help you obtain the best possible result in court.

For a free case evaluation and legal consultation with a skilled criminal defense attorney, please contact us online to learn more. Call: (845) 567-4820

Penalties of 5th-Degree Drug Possession in NY

If you are convicted of 5th-degree drug possession in NY, you could face up to sixty months in prison, fines up to $10,000, or both.

Your Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney will examine your case inside and out to achieve the most favorable outcome possible and make sure that the officers were justified in arresting you in the first place.

The penalties received for 5th-degree drug possession will vary, depending on if you have been convicted before, according to Sec. 152.025 NY.

If it’s your first time committing the crime (whether in NY or another jurisdiction), then the statute says that you will be charged with a gross misdemeanor.

Again, this is dependent upon how much of a particular substance you had in your possession.

What it may or may not have been mixed with, how you acquired the substance, what you planned to do with the substance, or whether or not you used your real name and/or posed as a doctor, manufacturer, pharmacist, or any other entity who would legally be able to possess that substance.

Lasting Consequences of a Drug Conviction on Your Record in NY.

Some of the most important things in your life can be affected by a criminal drug conviction. This is why it is so important that you seek the legal assistance of a reputable drug crime Lawyer in Middletown, NY if you have recently been arrested and charged with something such as 5th-degree possession in The North Star State.

The U.S. Drug Enforcement Administration (DEA) points out these and many other life-changing consequences after a drug conviction:

Revocation of a Professional License. After working so hard as a teacher, a nurse, a commercial driver, or in any other trade that requires professional certification, it can be heartbreaking after a minor drug conviction if your license to perform that career is taken away.

Denial of Student Loans. Many people are surprised that a small conviction such as 5th-degree drug possession could make a student ineligible for their financial aid, but it very well can. Your Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney is your best hope at fighting to keep this much-needed educational assistance.

Tarnished Public Image/Reputation. If you are a public figure (such as a politician or a pastor), then this type of conviction could definitely hurt your image in the community. But, you don’t have to be regularly seen or admired in the eyes of the public to have your reputation stained, being that employers will many times judge you beforehand even with the smallest drug conviction.

Employment Difficulty. This is probably the worst consequence of acquiring a drug conviction because it will many times show up on even the lowest level of background checks.

Do You Always Need a Lawyer for Drug Possession Charges?

Yes, it will always be a better choice not to take on drug possession charges in court without effective legal representation. Please don’t hesitate to contact us today at Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney. A hard-working drug crime lawyer in Middletown, NY, will use our years of experience to reduce (or eliminate) your charges. Call: (845) 567-4820

Reinstate Revoked or Suspended Driver’s License-DWI

After getting a DWI in NY, it can be challenging to have your driver’s license reinstated. But, with the help of a trusted NY DWI attorney, you can potentially have your charges greatly reduced and have your license back in your hands faster than you may think.

The penalties and fees will be based on whether or not you were driving a commercial vehicle at the time of the arrest, as well as how serious the offense was, such as if children were present, or if someone was injured, or worse as a result of the DWI.

What Are the Penalties for DWI in NY?

If it’s your first or second DWI in Middletown, NY, then your driving privileges won’t be completely revoked.

This is because your attorney will help you to attain what is commonly referred to as “interlock driving privileges” if your blood alcohol content (BAC) was lower than .16.

The Ignition Interlock Law states that, depending on the level of the offense, on your first or second DWI, you would have to use the ignition interlock system on your vehicle for twelve to twenty-four months.

Although you have driving privileges, you’d have to do a breath test before you can start your car, truck, or SUV.

If you are a repeat offender of more than three DWIs in a decade, you’d have to use the ignition interlock for three to six years.

Again, this is dependent on the level of DWI offense priorly committed, and only your attorney can help in getting your charges reduced.

Penalties for your first offense will vary from three months to a year in jail with fines of 1,000 to $3,000.

Your first, second, or third offense will be either a misdemeanor or a gross misdemeanor, and your fourth will be a felony with up to seven years behind bars and/or a fine of $14,000.

Getting Your License Back after a DWI in NY

There are a few things that you will have to do (with the help of a Middletown, NY DWI Lawyer) if you are looking to get your driver’s license reinstated near St-Paul, Minneapolis, or anywhere in NY.

Here are three mandatory tasks:

Pay Reinstatement Fees in Middletown, NY. According to the NY Department of Public Safety, the fee for reinstatement of your driver’s license after it’s been revoked for a criminal vehicular operation involving alcohol or drugs is $680.

Take the NY DWI Knowledge Test. The Office of Communications at the NY DPS announced in the fall of 2020 that this test can now be taken online.

Perform a NY Chemical Health Assessment. The NY Legislature says that this absolutely has to be done in order to retrieve your driver’s license after a DWI, and the test results must be submitted directly to DPS from the agency that administered the exam.

Contact Our Experienced Middletown, NY DW Lawyer Today

Don’t hesitate to contact us today at Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney can and will do all he can to help you get your revoked or suspended driver’s license reinstated after your DWI. Call now: (845) 567-4820

Criminal Defense Attorney Middletown NY | Contact Law Office of Benjamin Greenwald, NY Criminal Defense Attorney (845) 567-4820 Today

Servicing Hudson Valley New York, including Orange County, NY, Hudson Valley, NY, Sullivan County, NY, Dutchess County, NY, Ulster County, NY.

Criminal Defense Attorney Middletown NY Links

I've Been Charged with a Crime. Do I Have to Show up to Court?

For Felony Offenses:

If you have been charged with a felony, the answer is yes. Failure to appear on a felony offense will result in a bench warrant being issued for your arrest and, if you are out on bail, your bail will be forfeited.

For Misdemeanor Offenses:

If you have been charged with a misdemeanor and you do not have an attorney, you must also show up to court on the date scheduled. Failure to do so will result in a bench warrant being issued for your arrest and, if you are out on bail, your bail will be forfeited.

If you have been charged with a misdemeanor and you already have an attorney, you can give your attorney permission to appear on your behalf. This is called a 977 appearance. As long as you give your attorney permission to appear for you, Penal Code 977 permits your attorney to appear on your behalf without you present in most cases.

Penal Code 977 Exceptions:

If you have been charged with misdemeanor domestic violence, you must still appear on the first court date, also known as an arraignment. You cannot give your attorney 977 authority to appear on your behalf at arraignments for domestic violence. If the judge for any reason orders you to appear at a court date, you cannot give your attorney 977 authority to appear for you.

What Charges Can Juveniles Face in NY?

When a person under 18 years of age in NY commits a criminal offense, they will face a juvenile delinquency case in which they are alleged to have broken a law.

Special court procedures exist completely separate from the traditional adult criminal process to deal with children who break the law.

NY’s Juvenile Justice System generally focuses more on rehabilitating alleged offenders rather than punishing them.

But some children over 14 years of age who are accused of particularly dangerous offenses or have previously engaged in criminal conduct may be transferred to the adult court.

Any juvenile facing criminal charges of any kind should always be sure to hire an experienced Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney

What Are the Categories of Juvenile Offenders?

Juveniles committing alleged criminal offenses are categorized based on the nature of the alleged conduct involved. The different classifications include:

Delinquents — This category applies to all people under 18 years of age who commit alleged offenses that would be unlawful if committed by an adult, except for certain designated offenses and all petty offenses as classified under NY Statute § 260B.007.

Petty offenders — Under subdivision 16 of NY Statute § 260B.007, the phrase juvenile petty offense includes a juvenile alcohol offense, a juvenile controlled substance offense, a sale of tobacco to persons under age 21 offense, or a violation of a local ordinance.

A juvenile petty offense also includes an offense that would be a misdemeanor if committed by an adult.

Juvenile traffic offenders — A child who commits a major traffic offense will be adjudicated a juvenile highway traffic offender or a juvenile water traffic offender.

Juveniles certified to adult court — Juvenile courts may decide that children over 14 years of age who are accused of particularly dangerous alleged offenses or engaged in criminal conduct in the past should be handled in adult courts. Under state law, children under the age of 14 are considered legally incapable of committing crimes.

Extended jurisdiction juveniles — Children 14 years of age or older who commit felony-level offenses and are subject to adult certification and who would be more aptly treated by the juvenile court are designated EJJs.

An EJJ designation will extend the time that a court has jurisdiction over a juvenile to age 21.

A conviction can result in both a juvenile court sentence and a stayed adult court sentence. If the juvenile then fails to satisfy the conditions of a juvenile court sentence, the adult court sentence could be imposed, and the juvenile may be sent to adult prison.

Juveniles age 16 and older accused of first-degree murder — A child alleged to have committed first-degree murder after becoming 16 years of age could be charged and convicted in adult court without going through the juvenile court’s certification process and without regard to their previous criminal or juvenile record.

Juveniles in NY May Petition the Juvenile Court

They will not be adjudicated delinquent unless a petition is filed in the manner provided in NY Statute § 260B.141.

A summons is issued, notice is given, a hearing is held, and the court finds that the alleged offender is also delinquent within the meaning and purpose of the laws relating to juvenile courts.

The juvenile court has original jurisdiction over all juveniles 15 years of age and under alleged to have committed any traffic offense and 16- and 17-year-olds alleged to have committed any major traffic offense.

Except that the adult court has original jurisdiction over petty traffic misdemeanors not a part of the same behavioral incident of a misdemeanor being handled in juvenile court.

Driving while impaired (DWI) violations as well as any other misdemeanor or gross misdemeanor level traffic violations committed as part of the same incident as a DWI violation.

Possible Sentences for Juvenile Delinquents

In general, juveniles often face the following sentences for alleged offenses:

Fines
Community service
House arrest or confinement
Counseling
Placement in a foster or group home
Probation
Placement in a juvenile detention facility
Alternative schooling
Electronic Monitoring
Verbal warning

Speak with a Middletown, NY Juvenile Delinquency Lawyer

If you or your child have been accused of juvenile delinquency near Middletown, NY, you want to be sure that you have the best legal representation before you head to court.

Criminal Defense Attorney Middletown NY Law Office of Benjamin Greenwald, NY Criminal Defense Attorney is committed to helping alleged juvenile offenders achieve the most favorable possible outcomes for their cases and carry the fewest long-term consequences, Call us now: (845) 567-4820 or contact us online today.

DUI Lawyer Middletown NY

Benjamin Greenwald is an experienced New York Criminal Defense Attorney, located in Middletown, NY.

Defense Attorney Middletown NY

The Greenwald Law Firm represents individuals dealing with accusations and serious criminal charges such as drug crimes, criminal sexual conduct, assault, domestic assault, violent crimes, DWI, DUI, armed robbery, burglary, arson, manslaughter, murder and kidnapping.