Rhoades,Cunningham & McFadden, PLLC

   FREQUENTLY ASKED QUESTIONS
       NEW YORK CRIMINAL LAW

Albany Criminal Lawyers
We really do welcome your call.

We will meet with you in person and without charge to discuss your case.

We will not pressure you in anyway.

We are available 24 hours per day, 7 days per week.

Call us now at 518-389-2900 to start rebuilding your life.

Albany,NY Criminal Lawyers

While we practice primarily in Albany, Schenectady, Saratoga and Rensselaer counties, we are willing and able to represent clients from other counties in select cases.

Do I need a lawyer? 

If you are under investigation, you need a lawyer.  If possible, you should hire a lawyer before speaking to the police as everything you say can and will be used against you. If you have been charged with a crime, you need a lawyer and you should hire one as soon as possible. 

What is the difference between violations, felonies and misdemeanors?

Felonies are serious criminal offenses.  If you are charged with a felony, you are facing a period of more than one year in state prison.  Misdemeanors are also criminal offenses.  However, they are less serious than felonies as the maximum term of imprisonment is one year or less.  Violations are not crimes and are therefore less serious than felonies and misdemeanors.  The most common type of violations are traffic tickets.  The most common punishment for violations is a fine.  Some violations carry a maximum sentence of 15 days in jail, although it is rare for someone to serve jail time for a violation.

What is bail?

When you are charged with a crime, arrested and put in jail, you can request bail. Bail is a form of payment that allows for your release under specific legal terms. However, there are some instances where bail may not be allowed.  For example, in murder cases and when the person is a risk of fleeing.

What is a grand jury?

 A grand jury is a group of no fewer than 16 and no more than 23 people, which investigates offenses by hearing and examining evidence to determine whether a felony has been committed.

The police officer who arrested me did not read me the Miranda rights.  What impact does this have on my case?

An officer's failure to read you the Miranda rights does not necessarily mean that the case will be dismissed, but it will typically prevent the officer from being able to repeat any statement you made after being arrested. This could help your case significantly.

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