Criminal Law

Yes—depending on the charge, your record, and the strength of your defense, avoiding jail is possible. Many first-time offenses are eligible for diversion programs like Adjournment in Contemplation of Dismissal (ACD), conditional discharges, or treatment court. Under NY Penal Law § 216.00, judicial diversion is available for certain non-violent felonies if addiction is a contributing factor. Even for serious charges, Dominic evaluates the strengths of the prosecution’s case, identifies procedural flaws (such as illegal search and seizure), and uses those to suppress evidence or negotiate favorable pleas. Judges also have discretion under sentencing statutes, particularly in misdemeanor and non-violent felonies, to impose probation instead of incarceration. Dominic doesn’t just aim for a deal—he positions your case strategically from day one. This includes working with prosecutors, arranging evaluations, and using his relationships with court personnel to advocate effectively. His focus is not just on resolution, but on protecting your future: your job, your license, your reputation. Every decision is made with your long-term outcome in mind.

A failed test is not an automatic conviction, and these results are challengeable under NY law. Under VTL § 1192, a person is guilty of DWI if their BAC is .08% or higher—but only if that reading was legally obtained. Dominic evaluates whether police had reasonable suspicion to stop you (per People v. DeBour standards) and if field sobriety tests or breathalyzer results can be suppressed due to improper administration or calibration errors. Breath testing devices must comply with New York State Department of Health regulations. If any aspect of the arrest was flawed—from the traffic stop to Miranda warnings—Dominic files motions to suppress and weaken the case. He also understands how to question officer credibility and lab analysis when preparing for trial or negotiations. DWI cases are complex, but with a seasoned advocate, they are very winnable.

Immediately. In New York, your rights and options begin narrowing the moment you're arrested. The arraignment typically happens within 24 hours of arrest (CPL § 140.20), and it’s when bail, charges, and release conditions are determined. Having Dominic present means someone is advocating for your release, protecting you from self-incrimination, and setting the tone for your entire case. Early involvement also allows Dominic to begin preserving evidence, interviewing witnesses, and reviewing the prosecution’s initial filings. Sometimes, early intervention can lead to charges being reduced—or dismissed—before they’re ever fully filed. Dominic acts quickly and decisively, ensuring your defense starts before the court even calls your name.

Once charged, your case enters the criminal justice system and follows a series of stages: arraignment, pre-trial motions, hearings, plea negotiations, and potentially a trial. After arraignment, the prosecution must disclose evidence under CPL § 245 (New York’s discovery reform law), which Dominic reviews meticulously to identify weaknesses. He may file motions to suppress evidence or dismiss the case altogether under CPL §§ 170.30 or 210.20. Many cases resolve through plea negotiations, but Dominic prepares every case as if it’s going to trial—building leverage to get better outcomes. If it does proceed to trial, he uses years of courtroom experience to challenge the prosecution’s case and present your defense clearly and confidently. He explains every step along the way, so you're never in the dark.

Immediately. The prosecution starts building its case against you right away, so you need a defense strategy as soon as possible. Early intervention can make the difference between a dismissed charge and a conviction.

It depends. The Fourth Amendment and NY Constitution Article I, § 12 protect against unreasonable searches and seizures. In most cases, police need a warrant—but there are exceptions, such as consent, exigent circumstances, or if evidence is in plain view. Car searches have more leeway under the “automobile exception,” but even then, the officer must have probable cause. Dominic knows how to challenge illegal searches through suppression motions under CPL § 710.20. If a search violated your rights, the evidence may be thrown out entirely—crippling the prosecution’s case. He closely examines police conduct, reports, and bodycam footage to spot unlawful behavior that can be used to your advantage.

Misdemeanors are crimes punishable by up to one year in jail (typically served in county jail), while felonies carry sentences of more than one year and are served in state prison. Under NY Penal Law, Class A misdemeanors (like Assault 3rd or Petit Larceny) are more serious than Class B. Felonies range from Class E (lowest) to Class A-I (most severe, such as murder). Each class comes with different penalties and collateral consequences—affecting everything from employment to immigration. Dominic walks clients through these distinctions, ensuring they fully understand the stakes. He also identifies whether charges may be reduced or reclassified as part of a resolution strategy.

That depends on the strength of the case and your specific goals. A plea deal may reduce charges, avoid jail, or preserve your record—but only if the offer is reasonable and aligns with your long-term interests. Dominic thoroughly evaluates the evidence, witness credibility, and legal issues before advising you. He isn’t afraid to go to trial and has done so successfully in countless cases—but he also knows when a smart, strategic plea will serve you better. With Dominic, you’re not pressured either way. You get honest guidance based on facts, not fear, and the confidence of knowing you have someone capable of taking your case the distance if needed.

A conviction becomes part of your permanent criminal record and may impact job applications, housing, licenses, and more. However, under CPL § 160.59, certain convictions can be sealed after 10 years, provided the person has no new crimes and meets specific criteria. Dominic helps clients evaluate their eligibility, gather records, and file petitions to seal convictions—restoring privacy and opportunity. Even before that, he works to avoid convictions altogether through dismissals, reductions, or alternative outcomes like ACDs. His approach always considers the long game: not just avoiding jail, but protecting your reputation and future access to opportunities.