Trachte Law Office PC

A Second Opinion Just like a medical patient who wants another doctor to review a proposed treatment plan, often a defendant in a criminal case who is facing substantial incarceration as part of a plea bargain will want another opinion on their case. Lately I have repeatedly come across a disturbing trend in this regard, and I think it is important for any client to understand what an attorney giving a second opinion on a case should be doing. If you are currently represent...ed by an attorney and the attorney you see for a second opinion does not call the current attorney of record to get the facts and details about the procedure of the case that only the attorney of record would know, you are dealing with someone who will sell you lies in order to line their own pockets. It is impossible for them to accurately assess your case without knowing what the attorney of record knows. Every case is different, and depending on the unique circumstances of each case, the Judge it is assigned to, the Assistant District Attorney handling it, the evidence officially disclosed in discovery, and perhaps other evidence unofficially disclosed in negotiations between the attorney of record and the District Attorney's Office, a plea deal that might appear questionable on first glance may in fact be unequivocally the best course of action. Lately I have been hearing about attorneys offering second opinions with no background knowledge of a case by comparing the present situation to some case they worked on in the past, even going as far as to compare it to cases in different counties. Quite frankly, this ridiculous practice is nothing but showmanship designed to line their own pockets. Be wary of anyone who does this when seeking a second opinion. If the attorney giving the second opinion does not get any details from the current attorney and starts comparing the case to others without any background information, it is safe to say you or your loved ones will likely spend a lot of extra money and end up in the exact same position where you started- or maybe even in a worse position depending on your particular Judge. If you come to see me for a second opinion, and you have private counsel, I will call the attorney of record and find out exactly what's going on in your case before offering any opinion. In my opinion, that is the only thing a professional should do.

If you make a statement or testify under oath in a criminal prosecution, you could be compelled to testify with a material witness order. You could be incarcerated until you comply. If you don't intend on following through with your role as a material witness to a crime, my advice is to consult an attorney before getting involved. https://www.newyorker.com//why-are-prosecutors-putting-inn

Imagine if Justice was transparent! Since the stakes are people's lives, it really isn't too much to ask. https://nyti.ms/2vcc0Fr

The Supreme court has affirmed what is currently precedent in New York: if an attorney incorrectly advises you as to the immgration consequences of a plea, your plea should be vacated if you make the appropriate motion. The key is being able to actually prove, beyond your own assertions, that incorrect advice was given- this is often difficult as attorneys are not likely to admit they gave incorrect advice. It should be noted that incorrect advice is not subject to the retroactive time bar for claims of no advice under Padilla v. Kentucky. I am experienced in these issues and have had success in these types of post conviction motions. Call for a consultation. https://nyti.ms/2tXtcuS

A new law that will finally allow for the sealing of some criminal convictions in New York State has been passed by the legislature and signed by the Governor. This change in the law allows people who have not been arrested or convicted of a crime in 10 years to seal up to two past convictions. This will help people who have moved on from old mistakes now hold certain jobs, qualify for loans and remove the stigma of a criminal conviction. The records would be invisible in b...ackground checks, to private investigators and for public records searches. However, law enforcement would still have access, which has always been the case for any arrest, even if the case was reduced. When you are stopped for a traffic violation and an officer sees a prior arrest for something that does not show up on a public background check, don't be surprised if they treat you with suspicion or ask you if there is anything in the car they should know about. The law is set to take effect in October with the following framework: 1) People with past convictions who want to have their records sealed will fill out an application in the jurisdiction they were convicted in. This will likely be somewhat complicated and using an attorney will probably be the best option to have it done correctly and maximize your chances of success. 2) The district attorney's office will have a chance to weigh in on the application, and so will the victim of the crime, if one exists. 3) A judge will make the final decision as to whether the records are sealed- the advocacy of a knowledgeable attorney will likely be necessary to make an argument on your behalf in difficult cases! 4) A person can have two misdemeanor records sealed but only one felony record sealed. If a person is sentenced to prison, the 10-year waiting period begins when they are released. 5) People who are convicted of violent crimes, sex offenses, terrorism, dealing large amounts of drugs or some other serious crimes will not be eligible. As Summer comes to an end this year, I recommend anyone interested in making an application under this new law contact me, we are here to help!