How Does A Prior Arrest Or Conviction Impact My Current Criminal Case?
If someone receives a second DWI within 10 years of having received the first, then that will pose a problem for them. Prior convictions, in general, can cause what would otherwise be misdemeanor charges to be raised to felonies. There’s a mathematical chart that I review with my clients in order to show them where their crime lands and the potential sentences associated with it. The existence of a prior record raises all of the sentences. For example, if someone is convicted of a felony and has no prior record, they may be able to avoid jail time, but if that same person receives the same felony conviction and has a prior record, then a jail sentence could be mandated.
In every single case, it is my goal to obtain the best possible outcome. In some cases, the best possible outcome could be a dismissal after six months of meeting certain conditions and staying out of trouble. I recently handled a serious felony case in which the defendant was an immigrant facing deportation, and I was able to have the threat of a criminal conviction removed altogether. Unlike most lawyers, I use a private investigator who is a retired lieutenant from the New York City Police Department to assist me. He has worked in the Chief of Patrols Office and in some of the toughest neighborhoods in New York City, and he is very good at helping me obtain the best possible outcomes for my clients.
One of the best examples involves a case in which my client was arrested in Brooklyn for a robbery based on the victim choosing him from a line up of six different pictures. My client was facing 25 years in jail and insisted that he had nothing to do with the robbery, stating that he was in Manhattan when it occurred. We began collecting receipts from all the places he visited on the day in question. We were able to track down and prove that my client used his Subway sandwich card and metro card in Manhattan on the day in question, but the district attorney was relentless in insisting that my client was guilty, suggesting that someone else could have used his cards in Manhattan on the day in question. In response, I sent my investigator to all of the places my client visited that day in order to see if there was video footage of him, and sure enough, we were able to retrieve video of him in Soho in Manhattan at the time of the robbery. As a retired lieutenant and licensed private investigator, he was able to talk to the head of security and obtain this critical piece of evidence. Once we turned over the video to the district attorney, he realized that my client was entirely innocent and dropped all charges against him. This is just one example of how using a private investigator gives me an advantage over other attorneys in helping achieve the best outcome for clients.
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