What is Really at Stake if you are Charged with a Misdemeanor in New York City?
By Don Murray, Partner in Shalley and Murray
No Criminal History? - You are Likely to Live to See Another Day, But...
The reality is that, in the long run, a person who is arrested for a misdemeanor, who has no prior criminal history is likely to live to see another day. A person accused of a misdemeanor in New York City who has no criminal history is not likely to need to be terribly concerned about being dragged off in chains to Rikers Island for a year.
There is More in Play than Jail Time
The criminal justice system can do more bad things to you than just simply send you to jail. It is often far more complicated than that.
Of course the prospect of jail looms large, especially in the minds of those who have never been in contact with the criminal justice system before. But realize that the criminal justice system need not send you to jail to drastically change your life. If you plead guilty to or are found guilty of a misdemeanor, for example, you will have a criminal record, regardless of whether or not the judge decides to send you to jail. Jail is but one option for sentence.
That means you could easily walk out of the courtroom after a two minute appearance, never have to do one day in jail, not be on probation, not have to do anything else but maybe pay some court fees and go on with your life as before, except that you could have a criminal record for at least ten years. Although New York now does allow for people in some circumstances to get criminal convictions sealed, this will generally not be possible before living with the conviction for ten years. It is hard enough getting a job in this economy without having to explain why you have a criminal record. (For more information about getting a criminal record sealed in New York, you can visit our website dedicated to this exciting new development in New York law. Get your New York conviction sealed.)
You must realize that having a criminal record has nothing to do with actually going to jail. Having a criminal record means pleading guilty to or being convicted of a crime. Jail is just one possible sentence of many.
A Whole Range of Possible Outcomes is Possible with Subtle but Important Differences
But if a person accused of a misdemeanor who has no criminal history is hoping to settle the case in a way that 1) avoids jail and 2) avoids a criminal record, such a settlement is quite possible, and generally even very likely in New York City Criminal Courts.
The key word here, however, is generally. There is no such thing in New York City Criminal Court as an automatic result. There are always reasons why any particular case might be treated differently from many other cases, even very similar seeming cases. Prosecution policies shift from time to time. Certain classes of cases are highly political or volatile.
Therefore, ignoring misdemeanor criminal charges or not taking them seriously is unwise. While first arrest misdemeanor cases are "generally" resolved with relative simplicity for those who are inclined to want to resolve them, there is no such thing as "general" case.
Your case is not a "general" case. Your case is your own, with its own set of facts. Also, the stakes when you are charged with a crime are high. This is something that you want to come out the best way possible for you. Therefore, it doesn't seem to make a whole lot of sense to just sort of "see how it goes" when there is even the tiniest remote possibility that you could end up with a criminal record or spend time in jail.
There are any number of issues spinning around misdemeanor charges that need to be considered and resolved before anyone should agree to finish a misdemeanor case in New York City criminal court. Again, there is more than simply the issue of jail time to consider. Complicating factors to the resolution of criminal cases that have nothing to do with going to jail include 1) immigration concerns for those who are not citizens; 2) licensing issues for those who are licensed by State or Federal governments (this includes security guards, taxi drivers, doctors, lawyers, teachers, and many others); 3) student loan eligibility; 4) housing eligibility; 4) Employment concerns for those whose employers conduct routine background checks.
In many cases the prospect of jail can actually seem LESS significant than the consequences of certain types of convictions that involve NO JAIL AT ALL. For example, a non-citizen could avoid jail time on a misdemeanor in New York City, and yet find himself subject to removal (deportation), denied admission to the United States, or denied naturalization. A person might avoid jail on a misdemeanor charge in New York City and yet resolve a case in way that will still cause him to lose the ability to be licensed to continue to work in his chosen profession. A person might avoid jail and but then lose the ability to obtain student loans.
Therefore, while being charged with a misdemeanor in New York City might not be some sort of automatic path to misery and despair, neither is it necessarily a "freebie" without risk or penalty. You ought to be paying attention. You ought to take it seriously and do everything you can to make sure you come through the system in the best way possible.
The Real Question
The question then becomes, that if this needs to be taken seriously, what do you need to do in order to make sure that the matter is resolved in the best way possible for you, so that you can make sure not only that the huge and obvious bad thing (jail) doesn't happen to you, but the many more subtle and potentially more life changing consequences don't affect you either?
And the answer is that it makes sense to seek advice from someone who understands the Criminal Justice System in New York City who can guide you through it and in this way maximize your chances of making sure that your experience in the New York City Criminal Courts is swift, sensible, and as painless as possible.
The answer is that you should get a lawyer to help you.
The Cost of a Private Attorney for a Misdemeanor is Probably More Affordable than you May Think
People often mistakenly assume that bringing a private lawyer into any legal matter, even a relatively straightforward misdemeanor charge, is automatically going to be an insanely expensive proposition. It doesn't have to be, however, and not because anyone's fees are "cut-rate" or "bargain basement".
Less complicated matters tend to take less time. Sometimes, misdemeanor matters can even be resolved satisfactorily to everyone (and well) in just one or two appearances in court. Jobs that require less time to complete generally are going to be less expensive than jobs that are more complicated and time-consuming. This is simple economics. You should be able to engage an experienced private criminal defense lawyer on a misdemeanor matter in New York City for a quite affordable fee. In this way, you can have the advantage of advice you trust from an experienced lawyer of your choice.
For information about hiring a private criminal defense lawyer from Shalley and Murray read my article about how an Experienced New York City Criminal Defense Attorney can help you with your misdemeanor case.
So is it Serious?
If you are charged with a misdemeanor in New York City you may be suffering from one of two equally wrong assumptions. You may be terrified that your good name is now ruined and you are forever ruined. Or you may be supremely confident that nothing could be more ridiculous than a misdemeanor charge and you have nothing to worry about.
Neither assumption is correct.
While you are likely to live to see another day, there are some subtleties involved in navigating your way through a misdemeanor charge in New York City that are worth considering. Don Murray, founding partner of the New York City criminal defense law firm Shalley and Murray provides a brief overview of the situation and some of the necessary considerations.
Information Provided by Shalley and Murray
This site is provided by the New York City Criminal Defense Law Firm Shalley and Murray. It is designed to help those with an interest in understanding what it means to be charged with a misdemeanor in New York City Criminal Courts, including Queens, Brooklyn, Bronx, and Manhattan.
The partners in Shalley and Murray have been helping people accused of crimes in New York City for more than 20 years.
If you would like to schedule your free consultation about a misdemeanor accusation in New York City, please do not hesitate to call us at 718-268-2171.