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Criminal litigation in Tarrytown takes place within the framework of New York State criminal law and the local court system in Westchester County. Local arrests and low-level prosecutions often begin in village or town justice courts. More serious charges, including felonies, are handled in county-level courts. Federal crimes that happen in the area are prosecuted in the appropriate federal district court. Criminal litigation covers the full lifecycle of a criminal case - investigation, arrest, arraignment, pretrial proceedings, trial, sentencing, and appeal.
Criminal charges can produce immediate and long-lasting consequences for liberty, finances, employment, immigration status, and reputation. You may need a lawyer if you are arrested, issued a summons, called in for questioning, under investigation, facing arraignment, charged with a misdemeanor or felony, or considering a plea deal. A lawyer can protect your constitutional rights, advise on whether to speak to police, challenge illegal searches or improper procedures, negotiate plea agreements, represent you at hearings and trial, and help minimize collateral consequences.
Key aspects to understand when dealing with criminal matters in Tarrytown include the following.
- Court structure - Village and town justice courts handle arraignments, lesser misdemeanors and violations, and some preliminary matters. Westchester County courts handle serious misdemeanors and felonies. Federal offenses are handled in federal court.
- Prosecutors - Most criminal prosecutions in Westchester County are brought by the Westchester County District Attorney's Office. Local prosecutors may handle lesser charges in village-level proceedings.
- Classifications of offenses - New York law classifies offenses as violations, misdemeanors, and felonies. The classification determines potential sentences, procedures, and whether an offense is eligible for certain diversion programs.
- Rights and procedures - Defendants have constitutional rights such as the right to remain silent, the right to an attorney, the right to a speedy and public trial, and protection against unreasonable searches and seizures. New York criminal procedure governs arraignment, bail or pretrial release, discovery, motions, and admissibility of evidence.
- Collateral consequences - Convictions can carry collateral effects beyond jail or fines, including immigration consequences, loss of professional licenses, difficulties gaining employment or housing, and driver's license implications for certain offenses.
Stay calm and be polite. You have the right to remain silent - you can say that you wish to remain silent and that you want an attorney. If you are not under arrest you may ask if you are free to leave. Avoid volunteering information or consenting to searches without first consulting a lawyer. If you are arrested, clearly state that you want an attorney.
At arraignment you will be informed of the charges, advised of your rights, and asked to enter a plea. The judge will also address bail or conditions of release and set future court dates. You should have a lawyer present or request assigned counsel if you cannot afford one.
If you cannot afford a private attorney, tell the court at your first appearance that you are indigent and request assigned counsel. The court or local defender office will evaluate your financial situation and appoint a public defender or assigned counsel if you qualify.
Generally, police need a warrant to search a home. There are exceptions such as consent, exigent circumstances, or certain searches incident to arrest. Car searches follow slightly different rules but often require probable cause or consent. You should not consent to a search without speaking to an attorney when possible.
Possible outcomes include dismissal of charges, diversion or conditional discharge programs, guilty pleas with negotiated sentences, plea to lesser charges, acquittal at trial, or conviction followed by sentencing. Post-conviction relief and appeals may be available in some cases.
You should seek legal advice as soon as possible. Early representation helps preserve evidence, ensure proper arraignment and bail procedures, prevent self-incrimination, and position an attorney to negotiate or prepare a defense effectively.
Misdemeanors generally become part of your criminal record. New York has limited mechanisms for sealing or vacating certain convictions, and the rules depend on the offense, sentence, and timing. An attorney can explain whether relief is possible and assist with the application or post-conviction process.
Bail and conditions of release are determined by the court based on factors such as the nature of the offense, criminal history, community ties, and flight risk. Rules and practices have changed over time, so consult an attorney for current standards and to argue for release on recognizance or reduced conditions where appropriate.
Bring any police paperwork, arrest records, summons, witness names and contact information, photos or videos, your account of the events, and any correspondence from prosecutors or the court. Be prepared to discuss finances and your goals so the attorney can advise on strategy and fees.
Yes. Criminal convictions can lead to deportation, denial of naturalization, or inadmissibility for non-citizens. Even for citizens, convictions can harm employment, professional licensing, housing, and educational opportunities. Defense strategies often consider and aim to minimize these collateral consequences.
Tarrytown Police Department - the local law enforcement agency that handles arrests and incident reports in the village.
Westchester County District Attorney's Office - the local prosecuting agency responsible for criminal charges in the county.
Village or Town Justice Court - the local court where many arraignments and lower-level criminal matters begin.
Westchester County public defender or assigned counsel system - resources for people who cannot afford private counsel and may qualify for representation.
New York State Unified Court System - information on court procedures, calendars, and local court contacts.
Legal aid organizations serving Westchester County - these agencies may provide advice or representation for eligible low-income residents.
State bar and local bar association lawyer referral services - useful for finding experienced criminal defense attorneys and scheduling consultations.
- If you are in immediate danger or have been arrested, ask for an attorney and do not make statements without one.
- Gather and preserve any evidence related to your case - photos, messages, witness names, or recordings - and write down your recollection of events while memories are fresh.
- Schedule a consultation with a criminal defense attorney who has experience in Westchester County courts and ask about their approach, fees, and likely strategy for your case.
- If you cannot afford private counsel, inform the court at your initial appearance that you need assigned counsel or contact the local public defender or assigned counsel office to learn how to apply for representation.
- Follow all court instructions and deadlines. Missing court dates can lead to arrest warrants and additional charges.
- Be proactive about understanding collateral issues such as immigration or professional licensing, and raise those concerns early with your attorney so they can be addressed in negotiations or at trial.
