Would It Matter If The Person Has A Family And Has Never Been In Trouble Before?
This would matter and people are generally surprised to learn that depending on the crime and the reason for that particular case in that particular instance, the court might be inclined to show some leniency. The criminal justice system is not only punitive, it should be rehabilitative as well, so even if there was an instance where someone made a mistake, the Westchester Courts are often inclined to go along with a reduction of the charges and lesser sentence.
People who get sentenced are always given an opportunity to speak to the court directly about their situation. Our criminal justice system has not been put in place purely to be punitive, so it would definitely play a role and it would be an important role that a defense attorney should convey in terms of who their client is, their character and if the charges were something that were a one-time mistake, which people make all the time no matter where they were in life. The court would definitely understand that.
I absolutely think and I believe in that. I have seen situations where the dispositions of the cases ended up being anything from probation to community service or something else that would be more beneficial and rehabilitative for the client. For alot of first time offenders, our White Plains criminal defense lawyers have successfully avoided criminal convictions, jail and probation. For people who are 18 years old or younger, our criminal defense attorneys have negotiated youthful offender status, which means that there is no criminal record. Often for first offenders who commit misdemeanors, the fear of the Courts is worse than the actual experience.
How Do People Generally React To Being Arrested And Prosecuted For A Crime?
Being arrested is obviously a traumatic event and the first questions that our criminal defense lawyers hear first are Am I going to jail? Will I have a criminal record? Am I going to lose my job? Am I going to lose my driver’s license?
Obviously the answer depends on the charge, but most first time offenders don’t go to jail and often with misdemeanors our attorneys have been able to negotiate reductions that avoid criminal records.
Would The Person’s Job, Friends, Or Family Find Out Right Away?
This would depend on the charge, because technically speaking the person would be processed once they were in the criminal system. If the person had a job that did background checks periodically, and they were charged with even a misdemeanor, then it would go into the system and it would become part of the person’s rap sheet. It would naturally depend on who the person’s employer was, although once the person was entered into the system, they would be in the system. Unfortunately, some of the local newspapers do publish the names of people who are arrested. Obviously more high profile crimes result in greater publicity.
For more information on How The Court Views First Offenders, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 914-574-8330 today.