Felony Defense Attorneys In Red Hook
A felony in New York is any offense where the potential sentence includes state prison time exceeding one year. Felonies are ranked in five categories: Class A through Class E. Class A felonies are the most serious and can carry a maximum sentence of life in prison. Class E felonies are the least serious and carry a sentence of anywhere from zero (an unconditional discharge) to four years in state prison.
The statute of limitations for most felonies is five years for many charges, but there are often specific time limits for each type of criminal charge. The term of probation for most felonies is five years but can last much longer, even up to lifetime probation in some cases. Being convicted of a felony can have devastating consequences, including the loss of your liberty.
Common Questions About Felony Charges
With felony convictions resulting in some of the most severe penalties, when you’re facing felony charges, you must have an experienced criminal defense attorney fighting for your best interests. Below are answers to a few of the questions that our attorneys at the Law Offices of Michael Pollok, PLLC, most frequently hear.
What is the difference between a felony complaint and a grand jury indictment?
Both felony complaints and grand jury indictments are parts of the process of charging individuals with crimes. The felony complaint is what begins a case. It is the formal charge against a person, written out and including supporting evidence. The purpose of this complaint is to prove that a felony has been committed and to charge the individual with that felony. However, it must go through one more step before the person can be officially charged for the crime.
A grand jury must review the complaint before issuing an indictment. The grand jury is made up of a set group of jurors who review evidence and complaints and issue indictments. If the grand jury does not believe that the complaint carries water, then no charges are filed.
Can a felony charge be reduced to a misdemeanor or dismissed before trial?
Yes, a felony charge can be reduced to a misdemeanor or dismissed. Typically, a reduction will happen as part of a plea deal and is a standard choice used to accelerate a case to completion. Outright dismissal is rarer, but it can also be part of a deal where the defendant provides information in another criminal case to help ensure a conviction in that case. In addition, if the defendant’s lawyers are able to suppress a large amount of the evidence against their client, the case can result in a dismissal.
How long can someone be held in jail on a felony charge before being indicted or getting a hearing?
New York has strict rules about how long a person can be held on a felony charge without a hearing. Barring any other complications, the standard wait is 144 hours (six days). However, if there are complicating factors involved, that can add to your hold time before a hearing. However, by law, if the prosecution is not ready within 180 days of holding you in jail, our lawyers can pursue a dismissal.
A Personalized Strategy And Hands-On Service
At the Law Offices of Michael Pollok, PLLC, our team is committed to giving every client the one-on-one service they deserve. If you’ve been charged with a felony, you need a skilled defense from an attorney with a track record of success. Contact us online or call 845-406-9349 to get the felony crime defense you deserve.