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Syracuse Criminal Defense FAQs

Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. These are the criminal law questions people ask us most after an arrest: jail and bail, court dates, plea offers and your record. Every case is different, so call 315-424-8326 for a free consultation about yours.

After an Arrest
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FAQS

After an Arrest in Syracuse: Police, Jail and Bail

How long can police hold me before I see a judge in New York?

Not long. New York law says police must bring you before a judge without unnecessary delay after an arrest. The state’s highest court has held that more than 24 hours from arrest to arraignment is presumed too long unless police can explain it. If you or a family member is being held in Syracuse or a town lockup, call a lawyer now so someone is ready for the arraignment.

For most misdemeanors and nonviolent felonies, the judge must release you, either on your own recognizance or with conditions such as check-ins or travel limits. Bail can be set only for qualifying offenses, which include most violent felonies, many domestic violence charges and some repeat cases. Even then, the judge must consider your ties to the community and your ability to pay. A lawyer at arraignment can argue for your release.
No. You don’t have to agree to a phone search, and you shouldn’t give police your passcode before you talk to a lawyer. Police generally need a warrant to search the contents of a phone, even after an arrest. If they take your phone, say clearly, “I do not consent to a search,” and don’t resist. If they searched it illegally, your lawyer can ask the court to suppress what they found.
The judge can issue a bench warrant for your arrest, and may change your release terms or set bail. Staying away for 30 days or more can lead to a separate bail jumping charge. In many cases, the court must first give you a short window to come back on your own. If you missed a date in Syracuse City Court or a town court, call us right away so we can work to clear it.
Not on their own. Once police file charges, the case belongs to the People of the State of New York, and the district attorney decides whether it goes forward. The complaining witness can tell the prosecutor what they want, and that can matter. But never contact them yourself to ask, especially if there is an order of protection. That contact can lead to a new criminal contempt charge.

FAQS

Your Case in Court: Indictments, Evidence and Plea Deals

What does it mean to be indicted in New York?

An indictment is a formal felony charge voted by a grand jury. In New York, a felony can’t go to trial in county court unless a grand jury of 16 to 23 citizens hears the evidence and at least 12 agree to indict, or you waive that step. An arrest is only an accusation by police. You may have the right to testify in the grand jury, but decide that only with your lawyer.
It depends on the charge and the court. Many misdemeanor cases in Syracuse City Court or a town court are resolved within a few months. Felony cases usually take longer because of the grand jury, discovery and hearings. New York’s speedy trial law gives prosecutors six months to be ready on most felonies and 90 days on Class A misdemeanors, not counting certain delays.
Discovery is the prosecution’s duty to share its evidence with you. Under New York law, prosecutors must turn over most of it, such as police reports, body camera video, 911 calls, lab results and witness names, within 20 days of arraignment if you are in jail and 35 days if you are not. Some deadlines can be extended. Reviewing that file is how we find the weak points in a case.
A plea bargain is an agreement to plead guilty, usually to a lower charge or for a set sentence, instead of going to trial. The judge must approve it. Whether to take one depends on the evidence, the risks at trial and what the plea will do to your record, license, job or immigration status. Never accept an offer before a lawyer has reviewed the evidence in your case.
Often, yes. Before indictment, the local court can reduce a felony complaint to a misdemeanor, usually with the prosecutor’s agreement. After indictment, a felony can still be resolved with a plea to a misdemeanor, though the law limits reductions for some serious charges. Weak evidence, an illegal search or a clean record can all support a reduction. Your lawyer negotiates it; it is rarely offered on its own.
Yes. A Class A misdemeanor in New York carries up to 364 days in jail and creates a criminal record that stays unless it is later sealed. A misdemeanor can also affect your job, school, immigration status and gun rights. A lawyer can often get a misdemeanor dismissed, adjourned in contemplation of dismissal or reduced to a non-criminal violation. Those outcomes are much harder to get on your own.

FAQS

Sentences, Programs and Your Criminal Record

What is a conditional discharge in New York?

A conditional discharge is a sentence with no jail and no probation officer. You must stay out of trouble and follow any conditions the judge sets, such as community service or a program, for one year on a misdemeanor or three years on a felony. If you break the conditions, the judge can re-sentence you. When the charge is a misdemeanor or felony, it is still a criminal conviction.
Youthful offender (YO) status is a second chance for people charged with a crime they allegedly committed at age 16, 17 or 18. If the judge grants it, the conviction is replaced with a sealed YO finding that is not a criminal conviction, and the sentence is limited. Some serious charges and prior records make a person ineligible. Ask your lawyer about YO before you accept any plea.
No. Harassment in the second degree and disorderly conduct are violations, not crimes. The maximum is 15 days in jail and a $250 fine, and most violation convictions are sealed automatically. That is why a reduction to disorderly conduct is a common way to resolve a misdemeanor. It is still a finding against you, so talk to a lawyer before you plead to one.
Usually not. When a New York case ends in your favor, such as a dismissal, an acquittal or an ACD that runs its course, the record is sealed and your fingerprints and photos are returned or destroyed. Sealed records are hidden from most employers and landlords. Convictions are different. They stay on your record unless they later qualify for sealing.
Yes. Even a misdemeanor plea can lead to deportation, block a green card or citizenship, or cause problems when you travel. Drug, theft, domestic violence and weapons charges carry the highest risk. Your defense lawyer must warn you about these risks before any plea. If you are not a U.S. citizen, tell us right away so we can plan around your status and, when needed, consult an immigration attorney.

FAQS

Choosing and Working With Your Lawyer

Should I use a public defender or hire a private lawyer?

If you can’t afford a lawyer, the court must appoint one, and many appointed lawyers are skilled. The main differences are choice and time. You don’t pick your appointed lawyer, and appointed lawyers often carry large caseloads. When you hire a private lawyer, you choose who defends you and how often you hear from them. Our consultation is free, so you can compare before you decide.
Yes. You can change lawyers at almost any stage, including after arraignment or shortly before trial. Your new lawyer files a notice with the court and gets the file from your old lawyer. The judge may not delay a trial date just because you switched, so it is better to move early. We often step into cases that began with another lawyer.
Not always. In many misdemeanor and traffic cases, the court may let your lawyer appear for you on some dates, which can save repeat trips for college students, travelers and people who have moved away. Felony cases usually require you to be there in person. Either way, missing a required date can lead to a warrant, so call us before your next appearance.

Didn’t see your question? Call 315-424-8326 or send the form. A member of our team will get back to you quickly.

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Your Legal Rights

Know Your Rights Before You Answer Any Questions

You have the right to stay silent and the right to a lawyer under the U.S. and New York constitutions. Use both. Politely say, “I’m going to remain silent, and I want a lawyer,” and then stop talking. Don’t agree to a search of your phone, car or home. Don’t discuss your case on jail calls or by text, which are often recorded. A short call with a lawyer before your arraignment can prevent mistakes that are hard to undo.

 

What to do after a criminal arrest in Syracuse

Why talking to police without a lawyer is risky

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CASE PROCESS

What Happens When You Call Our Team

A criminal law FAQ can tell you how the system works. Only a lawyer who has read your paperwork can tell you what it means for you. Here is how that starts.

01

Call

Call Us, Day or Night

Call 315-424-8326. Phones are answered 24/7. Have your paperwork nearby: the ticket, release papers or order of protection.

02

Review

We Read Your Charges and Court Papers

We look at the exact charge, your release terms and any order of protection, and tell you what will happen at your next date.

03

Plan

A Plan for Your Next Court Date

You'll know who will appear with you, what we'll ask the judge for, and what to do and avoid before then.

04

Defend

Dismissal, a Better Offer or Trial

Once the evidence comes in, we test it and advise you on every offer. You make the final decision with the facts in front of you.

01

Call

Call Us, Day or Night

Call 315-424-8326. Phones are answered 24/7. Have your paperwork nearby: the ticket, release papers or order of protection.

02

Review

We Read Your Charges and Court Papers

We look at the exact charge, your release terms and any order of protection, and tell you what will happen at your next date.

03

Plan

A Plan for Your Next Court Date

You'll know who will appear with you, what we'll ask the judge for, and what to do and avoid before then.

04

Defend

Dismissal, a Better Offer or Trial

Once the evidence comes in, we test it and advise you on every offer. You make the final decision with the facts in front of you.

Free Consultation
315-424-8326

CONTACT US

Free Confidential Consultation

Have a question about your own case? Tell us what you were charged with and when your court date is. A member of our team will get back to you quickly. Phones are answered 24/7, and the consultation is free.

Phone Number

315-424-8326

Email

info@yourcriminaldefense.com

Office

300 South State Street 1st Floor, Syracuse, NY 13202

Mon–Fri 9 am–5 pm · Phones answered 24/7

Sending this form does not create an attorney-client relationship. The answers on this page are general information, not legal advice about your case.