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 Criminal Defense

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Criminal Defense

Being charged with a crime can be a terrifying and overwhelming experience. You may not know what to do or who to turn to. The attorney at SMC Law Firm understands that you are going through a difficult time, and she is here to help.Samantha Chorny is a former prosecutor with years of experience in criminal law. She has a deep understanding of the criminal justice system and the specific charges you are facing. She will fight for your rights and protect your future.

SMC Law Firm provides dedicated criminal defense representation with a primary focus on cases in Queens and Nassau County courts, where the firm regularly appears and understands local procedures, prosecutors, and judges. While these are our core jurisdictions, we also represent clients throughout New York City and Long Island, offering experienced, strategic defense for a wide range of criminal charges.

Types Of Cases

SMC Law Firm‘s attorney will take the time to get to know you and your case so that she can develop a personalized defense strategy. She will work tirelessly to gather evidence, build a strong case and negotiate the most favorable outcome for you.

Support is available 24/7. You will never reach a voicemail. The criminal defense attorney at SMC Law Firm understands that you need someone you can trust, and she will be there for you every step of the way.

What To Look For In A Criminal Defense Attorney

When you are looking for a criminal defense attorney, there are a few things you should look for:

  • Experience: Make sure your attorney has experience in criminal law. They should have a clear understanding of the criminal justice system and the specific charges you are facing.
  • Focus: You want an attorney who focuses on criminal law. This means they will be up-to-date on the latest developments in the law, and they will be able to devote their full attention to your case.
  • Results: Make sure your attorney has a track record of success. They should be able to show you examples of cases they have won.
  • Communication: You want an attorney who will communicate with you regularly, let you know what to expect and keep you updated on the status of your case.

Facing criminal charges is challenging. You should work with someone who has the experience to support you and your case.

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Felonies Vs. Misdemeanors

Felonies and misdemeanors are two different types of criminal charges. Felonies and federal offenses are more serious offenses, and they can result in more severe penalties, such as jail time or prison. Misdemeanors are less serious offenses, and they can result in fines, probation or community service. However, any type of criminal conviction could interfere with your plans and goals.

Should I Talk To The Police?

You should never willingly talk to police without a criminal defense attorney present. Even if you do not believe you are under investigation, anything you say may be used against you and could get you in trouble with the law. If police request to speak with you, remain respectful, but know you have the right to an attorney before answering any of their questions.

What Happens After A Person Is Arrested In New York?

Once you are arrested, you will typically be held in central booking for several hours while law enforcement collects your information – a process that may take hours. After processing is complete, you should request a criminal defense attorney to make sure your rights are protected. You will then go before a judge for arraignment, where you will learn of the charges against you and enter your plea. If bail is set in your case, you may pay the bail amount in order to be released from custody as your case continues. If bail is not set, you will remain in jail until your hearing.

For lower level crimes, you may receive a desk appearance ticket (D.A.T.) that prompts you to go before a judge on a particular day, rather than be detained.

You should always request a criminal defense attorney the first chance you get after an arrest. While you should provide accurate information about your name, address and other basic details, you also have the right to remain silent if asked any questions by police while your attorney is not present.

Call A New York Criminal Defense Lawyer Today

If you have been charged with a crime, the attorney at SMC Law Firm can help. Contact her today at 718 970 1960 or through this online form to schedule a consultation.

schedule a free consultation.

We’ll thoroughly investigate your case to build a strong strategy that protects your freedom

faqs

Answers to Your Most Common Questions

New York City Criminal Defense

Remain calm and exercise your right to remain silent. Do not answer questions or make statements to police without a lawyer present. Anything you say can be used against you. Contact a criminal defense attorney immediately so they can protect your rights and begin building your defense from the earliest stage.

Yes. Criminal charges can be dismissed for many reasons, including lack of evidence, constitutional violations, illegal searches, procedural errors, or speedy trial violations. An experienced criminal defense attorney can identify weaknesses in the prosecution’s case and pursue dismissal whenever possible.

Criminal cases can take anywhere from a few weeks to over a year, depending on the charges, court scheduling, motion practice, and whether the case resolves through dismissal, plea, or trial.

Your first appearance is called an arraignment. The judge will read the charges, determine bail or release conditions, and set future court dates. Having a criminal defense lawyer present is critical to protect your liberty and begin your defense immediately.

Not necessarily. Many first-time offenses result in non-jail outcomes such as dismissal, reduction, probation, fines, or an Adjournment in Contemplation of Dismissal (ACD). The outcome depends on the charges, facts of the case, and the strength of the defense strategy.

Legal fees vary depending on the seriousness and complexity of the case. Misdemeanor cases typically cost less than felony or federal cases. Most criminal defense attorneys offer consultations and flexible payment structures depending on the circumstances.

Yes, in many cases. Options such as dismissals, ACDs, reductions to non-criminal violations, and sealing may allow you to avoid or minimize a permanent criminal record.

Yes. Even misdemeanor convictions can result in jail time, fines, probation, and a permanent criminal record. A defense lawyer can often get charges reduced, dismissed, or resolved in a way that protects your future.

Long Island Criminal Defense (Suffolk & Nassau County)

You will be processed, fingerprinted, and brought before a judge for arraignment. The judge will determine release conditions and schedule future court dates. A criminal defense lawyer can begin challenging the charges immediately.

Yes. Many felony cases are negotiated down to misdemeanor charges depending on the facts, evidence, and defense strategy. Early and aggressive representation greatly improves these chances.

Felony penalties vary widely and may include probation, fines, or prison. However, many felony cases can be resolved without incarceration depending on the facts and defense.

Depending on the charges, the judge may release you on your own recognizance, set bail, or impose non-monetary conditions. Bail laws in New York have changed significantly, and many charges are now non-bail eligible.

Your license may be suspended at arraignment and could later be revoked depending on the outcome. However, many drivers are eligible for conditional licenses that allow them to continue driving legally.

Immediately. The earlier a lawyer becomes involved, the more opportunities there are to protect your rights, preserve evidence, and pursue dismissal or reduction of charges.

Yes. Cases can be dismissed through motion practice, lack of evidence, constitutional violations, or negotiation. Many cases resolve favorably before ever reaching trial.

Yes. Many cases qualify for sealing after dismissal or after a waiting period following conviction. Sealing prevents most employers and the public from seeing your record.

Federal Criminal Defense (Eastern District of New York & Southern District of New York)

Federal cases are prosecuted by the U.S. Attorney’s Office and typically involve more extensive investigations and potentially more severe penalties. Federal procedures and sentencing guidelines differ significantly from state court.

Possibly. Federal agents typically do not contact individuals without reason. You should assume you may be under investigation and consult an attorney immediately.

Yes. Federal cases can be dismissed or resolved favorably depending on the evidence, legal issues, and defense strategy. Early intervention by experienced counsel is critical.

A federal grand jury reviews evidence to determine whether charges should be filed. If you believe you are involved in a grand jury investigation, you should contact a lawyer immediately.

Do not speak with them without a lawyer present. Even innocent statements can be used against you. Politely decline to answer questions and contact a federal defense attorney immediately.

You will appear before a federal judge, who will determine whether you are released on bail or detained. The case will then proceed through federal court, which involves strict procedures and deadlines.

Yes. Many defendants are released on bond or conditions. The court considers factors such as risk of flight and danger to the community.

Yes. You should never speak with federal agents without a lawyer present. This is critical to protect your rights and avoid self-incrimination.

New York Criminal Appeals and CPL 440 Motions

In some cases, yes. A court may grant bail pending appeal depending on the circumstances.

A CPL 440 motion is a post-conviction motion used to challenge a conviction based on issues outside the trial record, such as ineffective assistance of counsel or newly discovered evidence.

Yes. Convictions can be overturned through appeals, CPL 440 motions, or other post-conviction relief depending on the circumstances.

Yes. Newly discovered evidence can be grounds to reopen or overturn a conviction.

Yes. You have the right to appeal your conviction and challenge legal errors that occurred during your case.

Generally, you must file a notice of appeal within 30 days of sentencing. It is critical to act quickly to preserve your rights.

A direct appeal challenges errors in the trial record, while a CPL 440 motion raises issues outside the record, such as ineffective assistance or new evidence.

You may be able to challenge your conviction through a CPL 440 motion based on ineffective assistance of counsel.

CHARGED WITH A CRIME OR UNDER INVESTIGATION?

Speak directly with Samantha Today