What are the Common Criminal Cases That You Typically Handle?

My criminal defense practice handles the defense of all types of misdemeanor and felony charges. I’ve been doing criminal defense work for the last 10 years, and before that, I worked in both the US Attorney’s Office and the District Attorney’s office. I have seen both sides of criminal law. The most common types of cases that we handle are those in which our clients have been accused of assault, driving while intoxicated, petty larceny, drug offenses, and weapons offenses.

What are the top Misconceptions People Have About Being Arrested for a Crime?

Many people think that after they’ve been arrested, their next court date will be for trial. A lot of people tend to think that cases progress as fast as they do on an episode of “Law and Order.” For better or for worse, it does not. There is a lot to be done before you end up in the trial phase. So, a lot of people have misconceptions about how fast the process works, and unfortunately, it can sometimes be a lot slower than they hope.

How do People Commonly Incriminate Themselves in Criminal Cases?

The most common way that people incriminate themselves is by giving statements to the police. If someone is being investigated, is in the process of being arrested, or has already been arrested, then under almost no circumstance should they give a statement to the police without counsel being present.

When do Miranda Rights Actually Come Into Play in a Criminal Case?

Miranda rights start once an alleged perpetrator is placed under custodial arrest. Once they are under arrest, the officers should formally read the Miranda warnings to them. However, there are many legal and factual arguments that impact when those Miranda rights actually come into play and when they are required to be given. Someone who is accused of committing a crime should not assume that they should have been apprised of their Miranda rights, because there are a lot of different elements that determine when those warnings have to be given.

How Does a Clean Prior Record Impact a Criminal Case?

Having a clean prior record helps a criminal case in a number of ways. For one, it helps when making a bail application to the judge that’s assigned to the case. Having a good job, a family, and people who depend on you goes a long way when you’re making an argument about whether or not a bail should be set and in what amount. If there are ties to the community, and if a person is generally responsible, then we have a better argument as to why that person should be released or why a low amount of bail should be set. It also helps in our discussions with the district attorney’s office when we’re trying to negotiate a plea deal on behalf of our clients.

What are the Differences Between Misdemeanor and Felony Charges?

Misdemeanor charges are less serious than felony charges. In New York, the maximum sentence on a misdemeanor is one year in jail. Felony charges can carry anywhere from over a year to life in state prison. A misdemeanor sentence can only be served in county jail, whereas sentences for more serious crimes are served in state prisons. When dealing with drug related matters, the weight/amount of the drug that is found will dictate whether the crime is considered a misdemeanor or a felony. In some instances, whether or not you have prior convictions can also influence the type of charge issued for a particular crime.

How do You Advise Clients That Want to Plead Guilty to Criminal Charges?

If a client wants to plead guilty to criminal charges, then I advise them to be patient; there is a reason for the process. If they hire a counsel that is familiar with the area of law and the players in the specific court where the charges are pending, then the way to get the best result is to trust in your attorney’s guidance and to let them advise you as to the best approach whether it be a plea negotiation or trial. Even if you are guilty, there are ways to minimize the repercussions of a guilty plea. You want to give your attorney every opportunity to explore those options with the district attorney’s office and the court.

For more information on Criminal Cases In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 228-7369 today.

Client Reviews
Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. Melanie
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Tom Gallivan fought for - and won - a settlement on behalf of my mother, who suffered terrible pressure sores due to nursing home neglect. I will always be grateful for his diligence and hard work, and for keeping me informed during the entire process. He will fight for you every step of the way. Trudy
Mr. Gallivan did an exceptional job representing our family during a nursing home law suit. He took care of every detail and put us at ease during a very emotional trial. I would very highly recommend him and his firm of outstanding professionals. Jane
Mr. Gallivan was the best choice I could have possibly made to represent me in mom's nursing home neglect case. He kept me informed & updated every step of the way & not only listened but acted on all my concerns. I would highly recommend him as a very professional, diligent, & knowledgeable attorney. Steve
Tom Gallivan represented me for a car accident I was involved in. He not only returned calls and emails promptly, his expertise helped me obtain a nice settlement. His compassion for me was heart-warming and much appreciated. Thank you kindly , Mr. Gallivan. Joanne