Vigorous Defense Against Criminal Charges In New York

At Daniel J. Henry, Jr., Esq. PLLC, I take an extensive approach to practicing criminal defense to better serve the greater Buffalo area. I represent clients at every level of state and federal courts. Many criminal defense clients come from Erie County, Niagara County, Rochester and the surrounding western New York area.

Your Rights Matter To Me

I understand what is at stake when you face criminal charges in New York. I stand ready to advise and represent people charged with criminal offenses such as:

• White collar crime cases, including charges of fraud and embezzlement
• Drunk driving (DWI) and other alcohol-related offenses such as vehicular homicide and underage drinking
• Drug cases involving charges of possession, manufacture, distribution and trafficking of banned substances such as cocaine, heroin, marijuana, crack cocaine, ecstasy and methamphetamines, as well as possession of paraphernalia
• Violent crimes such as assault and murder
• Property crimes, including larceny, robbery, burglary, arson and vandalism
• Conspiracy crimes, including RICO violations and racketeering

In every criminal defense case, my goal is to ensure that my clients’ constitutional rights are protected as I advocate zealously on their behalf. I investigate criminal charges in detail to be prepared to represent clients effectively in court if a case goes to trial. Prosecutors know that I will take any case to court as necessary to present evidence in support of the most favorable, attainable outcome. I aim to level the playing field as my client experiences the criminal justice system.

Frequently Asked Questions About Criminal Defense

Uncertainty is painful when your future and freedom are at risk, and that’s why I’m here to answer your questions about your case. While the outcome will depend on the specific facts of the accusation, details about you and many other factors, many of my clients’ first questions tend to focus on more general information.

What should I do immediately after being arrested in New York?

If you’re arrested for a crime anywhere in New York, your first steps are to stop talking and call for help. It’s a bit more nuanced than that, though, because you need to formally invoke your rights. If you don’t do that the right way, the police are motivated not to respect them. So, how do you properly invoke your right to remain silent and your right to an attorney?

To invoke your right to remain silent, you must actively tell the police, possibly more than once, “I am invoking my right to remain silent.” However, once you do, make sure all the police around you know you are remaining silent as your right, and it is imperative not to respond to any questions at all.

To request your attorney, you must break your silence and ask for your rightful attorney. But once you’ve done that, return to invoking your right to remain silent and avoid speaking. Saying as little as possible to the police and having an attorney are vital to your defense because you are a primary source of evidence against yourself. Your silence, along with me as your attorney fighting to protect your rights, removes that risk.

What is the difference between a felony and a misdemeanor in New York state?

“Felony” and “misdemeanor” are terms that don’t dictate how serious a crime is but rather the general category of the sentence. A misdemeanor is punishable by less than one year in jail, while a felony carries a sentence longer than a year. Generally, less serious crimes fall into the misdemeanor category, but “less serious” does not mean “not serious.” Even a few months in prison and a permanent criminal record can have a significant impact on your life.

Can a criminal charge be dismissed before it goes to trial?

Yes, a criminal charge can be dismissed before trial, and it happens fairly often. There are two ways this can occur. The first is when the prosecution dismisses a charge because they do not see a strong case or enough compelling evidence to pursue it. They may drop the charges at their discretion. However, if additional evidence is discovered, they may reopen the case as long as it is within the statute of limitations.

The second way a case can be dismissed is by a judge through pretrial motions. If the judge finds the evidentiary basis inadequate or identifies improper conduct by the prosecutors or police, they may dismiss the charges with prejudice, which means the charges cannot be refiled in the future.

Defend Your Constitutional Rights With The Help Of Daniel J. Henry, Jr., Esq. PLLC

If you have been charged with a crime in New York, remember that the prosecutor has the burden of proof to convince a jury or judge beyond a reasonable doubt that you are guilty as charged. My job, if I represent you, is to explore “reasonable doubt” in minute detail. If your case is featured in the mass media, I will work diligently to protect you from a “lynch mob mentality.”

Contact me to learn how I can start protecting your rights today if you’re facing criminal charges. Call me in Hamburg at 716-350-1118.