Strategic Defense Shaped by Former Prosecutorial Experience
The fear and uncertainty following an arrest can be paralyzing, but your defense strategy should be proactive and precise. Our team approaches every case with the distinct advantage of having evaluated charges from both sides of the courtroom.
Joseph P. Petito formerly worked as a Senior Assistant District Attorney in the Dutchess County District Attorney's Office. Leilani J. Rodriguez brings critical experience as a former Bronx County prosecutor and Assistant Attorney General.
This deep background means we understand how the state gathers evidence, builds a case, and identifies weaknesses in a defendant’s story. We use this insider knowledge to anticipate tactics used by opposing counsel and strengthen your defense.
Types of Crimes We Defend Against
Our firm defends against a wide range of criminal offenses. Many of our clients are professionals, including teachers, nurses, and doctors, and we account for consequences that reach well beyond the courtroom.
Below are some common cases we handle:
What to Expect During Your Criminal Case
Navigating the criminal justice system can be confusing and overwhelming. Our lawyers are here to guide you through each stage of the process. Most criminal cases involve the following steps:
- Arrest or desk appearance ticket (DAT). Some cases begin with a custodial arrest, while many misdemeanors and lower-level felonies start with a desk appearance ticket (DAT) directing you to court. Contacting our office before your first court date gives us time to review the charges and prepare.
- Arraignment. The charges are formally presented, you enter a plea, and the judge decides your release conditions. We can advocate for the least restrictive conditions available.
- Grand jury and indictment. Felony charges generally require a grand jury indictment before the case moves to court. We can advise you on whether to testify before the grand jury and on alternatives that make sense for your case.
- Discovery. Prosecutors must share evidence, such as police reports, recordings, and witness statements, within set deadlines. We review this material closely for inconsistencies, gaps, and procedural errors.
- Pretrial motions and hearings. We file motions to challenge the charges and request hearings to contest unlawfully obtained evidence, statements, or identifications. These rulings can significantly shape the direction of a case.
- Plea negotiations. Many cases are resolved through negotiations with the prosecution. We can evaluate each offer against the evidence and explain how it could affect your record and future.
- Trial. Felony trials take place before a 12-person jury, while misdemeanor trials typically use a six-person jury unless you choose a trial before a judge. As seasoned litigators, we can aggressively cross-examine witnesses and present a robust defense to protect your freedom.
- Verdict and sentencing. The judge or jury will deliver a verdict. If you are found not guilty, you are cleared of the charges. If a conviction occurs or a plea is accepted, the case proceeds to a sentencing hearing, where we present mitigating evidence to minimize exposure.
- Appeal. If a trial results in a wrongful conviction or unfair sentence due to legal errors, you may have the right to challenge the decision. Our in-house appellate practice allows us to continue your defense without the delay of transferring your case to outside counsel.
Will I Be Held in Jail While My Criminal Case Is Pending?
While state law requires judges to release defendants on their own recognizance for most misdemeanors and non-violent felonies, judges retain the discretion to set cash bail or remand a defendant to jail for specific “qualifying offenses.” These qualifying charges typically involve violent felonies, sex offenses, witness tampering, or situations where a defendant was re-arrested while on release for another pending case.
Even if a charge isn’t eligible for cash bail, the court may impose non-monetary conditions, such as electronic monitoring or pretrial supervised release. The goal of these conditions is to secure your return to court without requiring upfront payment. We can prepare compelling arguments to demonstrate your ties to the community and fight to secure an outright release or the least restrictive conditions possible.
Should I Accept a Plea Deal?
A plea bargain involves admitting guilt to a lesser charge or in exchange for a lighter sentence, which bypasses the uncertainty of a trial. However, pleading guilty results in a permanent criminal record and can still impact your immigration status, professional licensing, firearm rights, housing eligibility, and future sentencing guidelines.
In our experience, the consequences people overlook are often the most lasting. Our defense attorneys can carefully evaluate the terms of a proposed plea bargain, advise you on the collateral consequences of accepting a plea deal, and negotiate terms that mitigate long-term damage to your livelihood.
Criminal Defense FAQs
Can Criminal Charges Be Dropped?
Yes, but the decision belongs to the prosecutor or the court, not the alleged victim. Even if an alleged victim no longer wants to proceed, the District Attorney’s Office may continue the case. Our team includes a former Senior Assistant District Attorney in the Dutchess County DA’s Office, making us uniquely equipped to highlight weaknesses that may support a dismissal or reduced charge.
Can a Criminal Conviction Be Sealed in New York?
Under NY CPL § 160.59, you may apply to seal up to two eligible convictions (including one felony) after a 10-year waiting period. Violent felonies and certain other offenses do not qualify. We can assess your eligibility and prepare the application to restore your clean slate.
Do I Need a Lawyer for a Misdemeanor?
It is strongly recommended. A Class A misdemeanor can carry up to 364 days in jail and create a lasting criminal record that affects jobs, housing, and professional licenses. We can pursue a dismissal, reduction, or non-criminal resolution when appropriate to keep your record intact.
Can I Leave the State While My Criminal Case Is Pending?
It depends on your release conditions. Some defendants may travel freely, while others must stay in New York or get court permission first. Violating a release condition can lead to harsher conditions or detention, so check with your attorney before making travel plans.
What Happens if I Miss My Criminal Court Date?
The judge may issue a bench warrant for your arrest, and in some cases, prosecutors may file a separate bail jumping charge. Missing court can also lead to stricter release conditions. Prompt action may help resolve the warrant, which is why we recommend contacting our office as soon as possible.
Trial-Tested Criminal Defense When Your Future Is on the Line
When your liberty and livelihood are at stake, you need a law firm that treats your case with the urgency it deserves. At Sholes Miller Rodriguez & Brown, PLLC, our reputation is built on rigorous trial readiness. Our clients rely on our timeliness, constant communication, and dedication to going above and beyond to protect their futures.
Because criminal charges often trigger secondary legal crises, our multidisciplinary approach provides a strategic edge. If an arrest sparks an investigation by Child Protective Services (CPS) or threatens your custody rights, we can coordinate your defense with our family law practice to protect your parental rights. We deliver comprehensive, trial-ready advocacy to safeguard every aspect of your life.
An arrest doesn't have to ruin your future. Our fierce defense attorneys are ready to advocate for your rights. Contact us online to discuss your case.
