Criminal Law FAQ
Do I really need to hire a lawyer?
Although you are never legally obligated to have an attorney, it is usually a good idea to retain an attorney who is skilled and experienced in the area of law relevant to your needs. Many courts are reluctant to allow defendants to represent themselves. A skilled attorney will know the options available to you, will be skilled in the art of plea negotiations and can advise you as to whether a plea or a trial are in your best interests.
I’m only charged with a misdemeanor. So what if I plead guilty?
If you plead guilty to a misdemeanor, you will, in most cases, have a criminal conviction. In other words, you will have a criminal record. On employment applications, you will have to divulge that you have a criminal record. Some careers will no longer be available to you, as a criminal record automatically acts as a bar to certain jobs.
So if I plead guilty to a violation, I’ll just have to pay a fine or do some community service, right?
Wrong. Violations carry possible jail sentences. Additionally, there are hidden consequences to some pleas. For example, if you are a college student in receipt of federal student loans, you automatically lose your eligibility to continue to receive those loans for a period of one year from a plea of guilty to possession of ANY amount of marijuana.
My friend was arrested for a similar crime a few years ago in a different part of the state. I should expect the same deal as he got, right?
Wrong. Each case is different. The prosecutor and the court look at a number of factors before offering or agreeing with any plea deal. Some of the factors involved include: the defendant’s prior criminal history; whether anyone was injured, and if so, how seriously; the effect on the community; whether the case got media attention; whether the victim is cooperative; the criminal history of the victim; the likelihood of success at trial; what attorney is representing the defendant; the policies of the prosecutors office (they vary from county to county).
If I plead guilty in a town court, no-one will find out about it, right?
Wrong. All courts report the charges and dispositions of all cases. In addition, courts provide this information to companies who perform background checks. A conviction in any court will be reported and will show up in a background check for employment, credit applications, landlord searches, etc.
The most popular City / Village / Town Courts our lawyers serve:
Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, Watervliet
“Very Lucky to Have” – D.M.
“I am very lucky to have had Mr. Carr represent me. If ever needed, I would absolutely hire him again.” – D.M. on partner Thomas J. Carr
“The Possibilities” – K.K.
“I had a really good experience at Tully Rinckey and also with Tom Carr. He was very cooperative and told me the possibilities on how he could deal with the case.” – K.K. on partner Thomas J. Carr
“Best Results” – J.A.
“Tom was professional, he did for me what he said he would do and got the best results from a tough situation.” – J.A. on partner Thomas J. Carr
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WGNA’s “Ask the Lawyer” – Thomas Carr

Tully Rinckey’s Tom Carr appears on WGNA’s “Ask the Lawyer” to answer listener’s criminal law questions.
Thomas Carr Discusses Acquittal of George Mott

Tully Rinckey’s Tom Carr is called on by CBS 6 to provide criminal law analysis for a high profiled murder case in Troy after a jury acquits George Mott III of 2nd degree murder.
Thomas Carr Discusses George Mott Murder Trial

Judge Ceresia has dismissed both motions for a mistrial in the George Mott murder trial. Jury deliberations are now underway. The first motion was based on a juror supposedly bringing a dictionary into the deliberation room. The second motion involved …
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Healthy, Wealthy & Wise

Ask the Pros What is the No. 1 legal document that everyone should have prepared for 2012? Everyone needs a will in 2012. A new state law in 2011 made it easier for individuals to challenge the validity of a …
Housing Market Stability a 2012 Wish

By Graig F. Zappia Homeowners had it rough in 2011. The nation’s unemployment rate stubbornly hovered around 9 percent for most of the year and the debt crises in Washington and Europe agitated Wall Street more than any Occupy protesters. …
Ask the Lawyer: Entrepreneur Considers Expanding in 2012

Question: The small manufacturing company my best friend and I launched a year ago is finally taking off. My partner is a little more ambitious about growing the business than I am. Do you have any recommendations for entrepreneurs preparing …
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Traffic Offenses – February 21, 2012

Presenter: Thomas J. Carr, Esq. Date: February 21, 2012 Time: 6:00-8:30 p.m. (half-hour break in the middle) Skills: 1 CLE Credit Hour Areas of Professional Practice: 1 CLE Credit Hour Join us as Tully Rinckey partner Thomas Carr presents a …
Overview of Drug Crimes: Controlled Substances Offenses – April 17, 2012

Presenter: Thomas J. Carr, Esq. Date: April 17, 2012 Time: 6:00-7:00 p.m. Areas of Professional Practice: 1 CLE Credit Hour If you have questions on any of our FREE Continuing Legal Education courses, please call 518-640-3503 or e-mail CLE@tullylegal.com. RSVP is …
Changes in the DWI Law Taking Effect in 2011 – Jan. 18, 2011

Presenter: Thomas Carr, Esq. Time: 6:00-7:00 p.m. Credits: 1 – Areas of Professional Practice RSVP is required as light fare and nonalcoholic drinks will be provided.


