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Tarrytown, United States Attorneys in related practice areas.
This guide provides general information about criminal defense matters in Tarrytown, New York. Criminal charges in Tarrytown are governed by New York State law and are prosecuted by county prosecutors. Local police investigate alleged crimes and make arrests, and cases move through local justice courts, county courts, and state courts depending on the severity of the charge. If you face investigation, arrest, or charges, understanding the process and your rights is the first step toward protecting your interests.
This is an informational guide and not a substitute for personalized legal advice. For specific legal guidance you should consult a licensed criminal defense attorney in the Tarrytown or Westchester County area.
A criminal defense lawyer can protect your rights, explain the process, and work to minimize consequences. Common situations where people need a criminal defense attorney in Tarrytown include:
- Arrests for driving while intoxicated or driving under the influence of drugs.
- Drug possession, distribution, or trafficking allegations.
- Assault, domestic violence, or other misdemeanor or felony violent charges.
- Theft, burglary, fraud, or property crimes.
- Sex offense allegations, including accusations of sexual misconduct.
- Juvenile delinquency or charges involving young people.
- Probation or parole violations and related hearings.
- Arrests for disorderly conduct, trespass, or municipal code violations that could carry criminal consequences.
- Investigations that could lead to charges, including grand jury or arrest warrant matters.
Even if charges seem minor, a conviction can affect employment, immigration status, professional licenses, and family matters. An attorney helps evaluate options such as diversion, plea negotiations, or trial defense strategies.
Key local and state law aspects relevant in Tarrytown include:
- Jurisdiction and courts - Tarrytown is in Westchester County. Misdemeanors and many violations are often handled in local town or village justice courts, while felonies are prosecuted in Westchester County courts or other appropriate state trial courts. Arraignment and initial appearances often occur shortly after arrest.
- New York Penal Law - Substantive criminal offenses are defined under New York Penal Law. Charges are classified by level - violations, misdemeanors, and felonies - with each level carrying different maximum penalties.
- Criminal Procedure - The New York Criminal Procedure Law sets rules for arrests, arraignments, pretrial discovery, bail, plea procedures, and trial practice. Timelines for arraignment and rights at arrest are protected under state and federal law.
- Bail and pretrial release - New York has procedures for pretrial release and bail. Judges consider factors such as public safety and flight risk. Conditions of release, including electronic monitoring or travel restrictions, may be imposed.
- Traffic and DWI rules - Driving while intoxicated or driving under the influence are serious charges in New York. There are implied consent rules for chemical testing and administrative drivers license consequences in addition to criminal penalties.
- Firearms and weapons - New York enforces strict gun laws and weapon regulations. Possession, carrying, or illegal modification of firearms can lead to serious felony charges.
- Controlled substances and Cannabis law - New York State has specific statutes governing controlled substances and regulation of cannabis. While recreational cannabis possesses certain state-level legal changes, unlicensed distribution and illegal possession remain prosecutable offenses.
- Domestic violence and orders of protection - Domestic violence allegations often trigger criminal charges and civil orders of protection. Violating an order of protection can lead to additional criminal charges.
- Records and relief - New York provides limited mechanisms for record sealing, certificates of relief, and other forms of post-conviction relief. Eligibility is fact-specific and may be affected by the offense type and time since conviction.
If you are arrested, remain calm, avoid resisting, and clearly invoke your right to remain silent. Ask for an attorney as soon as possible. Do not provide statements or consent to searches without speaking to counsel first. Note the arresting agency and where you are being held so your attorney can locate you promptly.
Arraignment typically occurs soon after arrest - often within a day or two - although exact timing varies based on the circumstances and where you are detained. At arraignment you will be informed of the charges, asked to enter a plea, and a judge will consider conditions of release or bail.
If you cannot afford a private attorney, you may be eligible for a court-appointed lawyer or assigned counsel. Eligibility is based on financial need as determined by the court. You should tell the judge at your first court appearance that you need appointed counsel or bring this up with the intake staff at detention facilities.
Misdemeanors are less serious offenses that typically carry lighter jail sentences and lower fines, while felonies are more serious crimes that can result in state prison sentences and longer-term consequences. Classification depends on the statute under which you are charged.
Yes, charges can sometimes be reduced or dismissed through pretrial motions, negotiation with prosecutors, diversion programs, or by demonstrating insufficient evidence. A lawyer evaluates the strength of the prosecution's case and negotiates for favorable outcomes when appropriate.
A plea bargain is an agreement with the prosecutor to plead guilty to a lesser charge or receive a recommended sentence instead of going to trial. Whether to accept a plea depends on the case facts, potential sentence exposure at trial, collateral consequences, and your goals. Discuss risks and benefits with your attorney before deciding.
Defense lawyers can challenge evidence by filing motions to suppress unlawfully obtained statements or items, questioning the legality of searches and arrests, attacking witness credibility, and insisting on full disclosure of the prosecution's evidence. Effective challenges depend on the facts and proper application of criminal procedure rules.
A conviction can lead to jail or prison time, fines, probation, community service, and other penalties. Convictions may also affect housing, employment, professional licenses, immigration status, and child custody. Post-conviction options like sentencing alternatives, appeal, or relief from collateral consequences may be available in some cases.
New York has limited options for sealing or obtaining relief from criminal records and collateral consequences. Eligibility depends on the offense, disposition, and timing. Recent reforms have expanded options in some categories, but the rules are complex and often require legal assistance to determine eligibility and to file the proper petitions.
Look for an attorney with experience in Westchester County criminal courts and the specific type of charge you face. Consider their trial experience, reputation, communication style, and fee structure. Ask about case strategy, expected timeline, likely outcomes, and whether they have experience negotiating with the local prosecutor or presiding judges.
Here are organizations and local agencies that can provide assistance or information when you face criminal matters in Tarrytown:
- Tarrytown Police Department - the local law enforcement agency that handles on-scene investigations and arrests in the village.
- Westchester County District Attorney - the office responsible for prosecuting crimes in Westchester County and for victim services and diversion programs.
- Westchester County courts and local town or village justice courts - where arraignments, preliminary hearings, and trials may occur depending on the charge.
- Westchester County Bar Association - a source for lawyer referrals and information about qualified criminal defense attorneys in the area.
- New York State Bar Association - provides resources on finding attorneys and legal information about state law.
- Legal aid organizations and defender services - for low income defendants seeking representation or legal guidance.
- Victim service programs - for alleged victims seeking support, notification, or counseling during criminal proceedings.
- New York State Unified Court System and Office of Court Administration - for general court rules, local court locations, and procedural information.
If you need legal assistance for a criminal matter in Tarrytown follow these practical steps:
- Prioritize immediate rights - If arrested, clearly assert your right to remain silent and request an attorney. Avoid discussing the case with police without counsel present.
- Locate counsel quickly - If you can hire a private lawyer, contact one with criminal defense and Westchester County experience. If you cannot afford private counsel, notify the court to request assigned counsel.
- Gather documentation - Prepare identifying documents, a concise timeline of events, names of potential witnesses, and any physical evidence or photos that may support your position.
- Attend all court dates - Missing a hearing can have harmful consequences including warrants for arrest or harsher pretrial conditions.
- Ask about diversion or alternatives - For eligible charges, ask your attorney about diversion programs, conditional discharges, or other alternatives that can avoid conviction.
- Understand timelines and deadlines - Criminal cases have strict filing dates for motions and appeals. Rely on counsel to preserve your rights by timely filings.
- Protect long-term interests - Discuss with your attorney possible collateral consequences like immigration impact, employment consequences, and options for record relief after case resolution.
Facing criminal charges is stressful, but timely action and experienced legal representation make a significant difference. Contact a local criminal defense attorney in Tarrytown or Westchester County as soon as possible to get tailored advice for your situation.
