Work With A Trusted Criminal Defense Lawyer In Rochester, New York
It usually isn’t a pleasant scenario when you find yourself searching for a criminal defense attorney. There’s so much that goes into a criminal case. Because of this, you’ll want to make sure you’ve hired an experienced attorney.
James Egan is a skilled criminal defense lawyer who takes on a wide variety of misdemeanor and felony cases. Attorney Egan has over 15 years of criminal law experience. Formerly an Assistant District Attorney, he has worked on a variety of different cases as a prosecutor. This experience has led to his success as a criminal defense attorney.
Attorney Egan is ready to provide criminal defense for many different situations. Based in Rochester, he serves the surrounding areas, including:
- Livingston County
- Wayne County
- Ontario County
- Genesee County
- Steuben County
An Aggressive For People Facing Criminal Charges
For any type of criminal charge – whether a DWI offense, drug crimes, domestic violence allegations, tax fraud, gun charges or other legal troubles – you need an attorney with a plan. You need someone who will help you fully understand your situation and then begin preparing a staunch defense.
Attorney Egan has the proven experience you need during this troubling time. He will walk you through each step of the process and provide the aggressive defense needed to stand up for your rights.
Frequently Asked Questions About Criminal Law
Below are some common questions you may be grappling with. These FAQ are provided for informational purposes only. Turn to attorney Egan for answers regarding your unique case.
How are felonies and misdemeanors different?
Both a felony and a misdemeanor are criminal charges. A felony is more serious than a misdemeanor. A felony carries a potential of prison time whereas the maximum punishment for a misdemeanor is one year in jail.
A felony conviction also carries additional consequences such as the loss of the right to vote, hold public office or possess firearms. It may also have more severe immigration consequences (if you are not a U.S. citizen), employment issues, and suspension or revocation of certain professional licenses.
What factors influence the potential penalties for a conviction?
A number of factors determine the penalty associated with a criminal conviction, including:
- The seriousness of the offense
- The statutory minimum and maximums set by law
- The person’s criminal history
- The person’s professional and personal background
- The strengths and weaknesses of the evidence
- Whether the case went to trial or was a plea bargain
What steps should I take after an arrest?
If you have been arrested, you have the right to an attorney and the right to remain silent. You should not speak to the police until you have spoken to an attorney. Anything you say to the police can be used against you. If you can afford an attorney, you should hire an attorney as SOON as possible.
Is there a way to avoid staying in jail after I’ve been arrested?
A judge may release a person with certain conditions, or they may set bail. If bail is set, the person can post cash bail or go to a bondsman to get a bond to secure their release. In some circumstances, the court may hold the person without bail.
There have been a lot of recent changes to what offenses qualify for bail in New York state. Learn more about these changes.
Should I seek the services of a criminal defense lawyer after an arrest?
Yes! If you are charged with a crime, a criminal conviction could result in fines, loss of employment, probation, or even jail or prison time. You need an experienced criminal defense attorney to review your case, represent your interests and advise you of your rights.
If you are arrested, the court may appoint a public defender or assigned attorney to represent you free of charge. It is important to note that while you do not get to choose who your assigned attorney is, you can always hire an attorney of your choice if you have the resources to do so.
What legal protections do I have if I’m suspected or accused of a crime?
You have a right to remain silent and not speak to the police. Remember that anything you say can be used against you.
Under most circumstances, the police cannot search your person, car, house, cellphone or other personal property without a warrant. If the police ask for your consent to search you or your property, you have a right to refuse and ask them to produce a warrant and you should immediately contact an attorney for advice.
You have a right to consult with an attorney. Discussions with your attorney are protected by attorney-client privilege which means the attorney cannot disclose to the police (or anyone else) what you tell them. An attorney can evaluate whether you have committed a crime and advise you of your rights.
Under most circumstances, you do not have a right to a free, court-appointed attorney if you are “under investigation.” Your right to an appointed attorney does not attach until you are arrested. However, you can always hire a private attorney if you are a suspect or accused of a crime.
Can a conviction be removed or cleared from my criminal record?
In New York state, you cannot get your criminal record completely erased after conviction unless you were able to successfully appeal the conviction and an appellate court overturns the conviction. However, there are several options that can help lessen the impact of a criminal conviction:
- Record sealing – Under certain circumstances, it may be possible to seal a prior conviction so it is not accessible during a traditional background check. You should consult with an attorney to assist you with this.
- Certificate of Relief / Good Conduct – You may be able to petition the court for a certificate that will restore certain rights to you that were lost as a result of a conviction. These types of certificates may also help you in seeking employment or obtaining certain licenses. You should consult with an attorney to assist you in filing such a petition.
Request A Case Evaluation Today And Get The Legal Guidance You Need
Any type of criminal conviction may result in penalties that can follow you for the rest of your life. To prevent this, you’ll always need to launch a strong defense. Preparation is the key to success. This is also true for trial law. You should hire an attorney as early as possible when charged with a crime. If you aren’t on top of things, you could find yourself scrambling.
James Egan Law offers criminal defense law services to help you navigate just about any complex legal situation, no matter how serious the charges may be. Reach out today by phone at 585-510-5101 or online to get started with a case evaluation.