If you or a loved one are charged with a crime in Dutchess County, Ulster County, or Orange County—and are looking for a trial attorney with the experience to provide you with knowledgeable, capable and compassionate legal representation call our office. Bruce A. Petito has over 35 years of criminal law trial practice. Our firm, in addition to having trial experience, does criminal appeals. Our attorneys are well versed in the courtroom, the law, and the nuances of advocating for our clients in our motions and papers.

    Being accused of a crime can be a stressful experience, the Law Office of Bruce A. Petito has provided some general information for you. This information is not legal advice, it is only provided as a starting point—and to aid you in choosing the right Attorney to represent your interests.

    Feel free to contact our office any time for a full explanation of your rights—and to see if we can help you.

Know and understand the charge.

    There are three general offense levels in the State of New York. The lowest level offense is a Violation, such as disorderly conduct. Violations are not a crime in the state of New York. The next level of offense is a Misdemeanor If you are convicted of a Misdemeanor, you can face imprisonment for up too one (1) year. You can also be sentenced to probation for up to three (3) years. A Misdemeanor is a crime in New York. Finally, the highest offense level in New York are Felonies. A Felony conviction carries with it long term imprisonment—in excess of one year (1) and probation. A Felony conviction also affects your ability to hold certain jobs, obtain certificates and can affect your ability to vote.

How were you charged?

    The document by which you have been charged, should be the first thing you and your Attorney examine. This is because, depending on the level of crime and the document used to charge you, the charge could be subject to a Motion-to-Dismiss. Note, dismissal motions are rarely granted—however a well seasoned attorney can use issues like this to negotiate a better resolution for you.  When you speak to an attorney, have that document with you as you meet with him.

    Were you charged with a Local Court Information, Misdemeanor Complaint, Felony Complaint, or have you been Indicted of a  Felony? An attorney from our office can explain to you which document you have been charged with, and whether dismissal of the charge based on the document is possible.

What occurs after you have been charged?

    Regardless of how you were charged, you are entitled to a prompt arraignment in front of a judge.  At this point, the judge will decide whether to ROR you, RUS you, place you on EM or incarcerate you—and set bail. Having an Attorney during this period is paramount, as your freedom is at risk. It is very important that you do not say anything other than “not guilty”. Further, ask for a copy of the charges, and keep every piece of paper the Court or the District Attorney gives you.

ROR- Released on your own Recognizance
RUS-Released under Supervision of probation
EM- released on Electronic Monitoring.

    At your arraignment, your Attorney will waive a reading of your charges, enter a plea of not guilty and reserve all of your rights. If you are charged by way of felony complaint—you may be entitled to a Preliminary Hearing.

    At a Preliminary Hearing, the prosecution must show reasonable cause that a felony was committed, and the accused committed the crime. If the prosecution is unable to show that a crime was committed, the Judge will dismiss the felony complaint–and they can no longer hold you in jail. A preliminary hearing will only be held if you are charged with by a felony complaint and you are in jail–and unable to make bail.

    The above information, is just to give you, as a potential client, a general idea of the early stages of criminal procedure. Once you engage an Attorney, we can advise you as to whether your charges are subject to dismissal, what defenses you have, and inform you of other tactical measures that can be taken to aid you in achieving the best result.     

The law office of Bruce A. Petito is now accepting credit cards.