The Law Office of Anthony M. Grandinette has extensive experience handling all criminal matters in both State and Federal courts. As a former prosecutor, and as a former Chairman of the Nassau County Bar Association Criminal Law and Procedure Committee, and Director, and President of the Nassau County Criminal Courts Bar Association, Mr. Grandinette has extensive experience defending criminal cases ranging from minor violations to the most serious felony charges.
UNDERSTANDING THE STAGES OF THE CRIMINAL CASE
ARRAIGNMENT
The arraignment stage is the first stage in a criminal prosecution. The purpose of an arraignment is to formally serve individuals with the criminal charges filed against them, inform the accused of their rights, provide them with notice of certain evidence that the prosecution has against them, and determine defendant’s bail status to ensure that they return to court. The Judge determines what, if any, bail is necessary to ensure that a defendant return to court. The most common factors a judge considers in setting bail are the accused’s criminal history or lack thereof, employment status, marital and family obligations, educational background, and ties to the community. If bail is set, cash or bond may be posted.
POST ARRAIGNMENT
Irrespective of the charge, the second stage in a criminal proceeding is investigatory in nature. After law enforcement officials arrest individuals, both the defense attorney and the prosecutors need to become educated on the underlying facts which comprise the alleged criminal activity–from the defendant, witnesses, and potential evidence that may exist. After this process is completed, the two sides confer, often before a judge.
PLEA STAGE
If the matter can be resolved amicably between all parties (the prosecutor, defense attorney, and judge), either a plea bargain is entered into, or quite often, the charges are dismissed through various legal procedural avenues created by the legislature.
MOTIONS AND HEARINGS STAGES
When cases cannot be resolved amicably, legal applications are made contesting issues regarding a criminal defendant’s constitutional rights such as unlawful seizure of evidence without a warrant, or the taking of a defendant’s statements without Miranda warnings, among other issues involving improper police conduct. These applications are called motions, or stipulations in lieu of motions.
Often cases can be disposed of favorably after hearings are conducted as a result of the judge’s rulings on the hearings, or where a judge or prosecutor is persuaded by the weaknesses in the case that had been exposed during hearings.
TRIALS
When a case cannot be resolved, a trial is held before a jury or a single judge. A jury is comprised of twelve individuals in felony cases, and six individuals in misdemeanor cases. The election to waive a jury is a strategic one made between counsel and client, based upon numerous factors. An example would involve a prejudicial or inflammatory fact pattern which might upset the average person who would serve as a potential juror, coupled with a weak legal position. A judge may focus on the legal issues rather than the prejudicial facts, which a jury is more likely to focus on.
At trial, the prosecution bears the burden of proof to establish each and every element of the crime beyond a reasonable doubt. An element of crime is a specific component of a crime. Every crime that a defendant is charged with typically has several components to it.
APPEALS
Appeals are taken to higher courts to reverse adverse decisions based upon errors of the trial courts.
SPECIAL STATE COURTS
Today’s modern courts are designed to confront societal issues head on and often can help family members in trouble or in crisis with treatment, therapy, educational programs, and more. Specialized Courts include:
- Domestic Violence Court
- Drug Court
- Veteran’s Court
- Youth Court
The Law Office of Anthony M. Grandinette is intimately familiar with all these courts and can help you maneuver the legal system to your greatest advantage.
We Handle All State Law Felony and Misdemeanor Charges
- 100. Criminal Solicitation (§§100.00-100.20)
- 105. Conspiracy (§§105.00-105.35)
- 110. Attempt (§§110.00-110.10)
- 115. Criminal Facilitation (§§115.00-115.15)
- 120. Assault and Related Offenses (§§120.00-120.70)
- 125. Homicide, Abortion, and Related Offenses (§§125.00-125.60)
- 130. Sex Offenses (§§130.00-135.75)
- 135. Kidnapping, Coercion, and Related Offenses (§§135.00-135.75)
- 140. Burglary and Related Offenses (§§140.00-140.40)
- 145. Criminal Mischief and Related Offenses (§§145.00-145.70)
- 150. Arson (§§150.00-150.20)
- 155. Larceny (§§155.00-155.45)
- 156. Offenses Involving Computers; Definition of Terms (§§156.00-156.50)
- 158. Welfare Fraud (§§158.00-158.50)
- 160. Robbery (§§160.00-160.15)
- 165. Other Offenses Relating to Theft (§§165.00-165.74)
- 170. Forgery and Related Offenses (§§170.00-170.75)
- 175. Offenses Involving False Written Statements (§§175.00-175.45)
- 176. Insurance Fraud (§§176.00-176.35)
- 177. Health Care Fraud (§§ 177.00-177.30)
- 178. Criminal Diversion of Prescription Medications and Prescriptions (§§178.00-178.25)
- 180. Bribery Not Involving Public Servants, and Related Offenses (§§180.00-180.57)
- 185. Frauds on Creditors (§§185.00-185.15)
- 187. Residential Mortgage Fraud (187.00-187.25)
- 190. Other Frauds (190.00-190.86)
- 195. Official Misconduct and Obstruction of Public Servants Generally (§§195.00- 195.20)
- 200. Bribery Involving Public Servants and Related Offenses (§§200.00-200.55)
- 221. Offenses Involving Marijuana (§§221.00-221.55)
- 225. Gambling Offenses (§§225.00-225.40)
- 230. Prostitution Offenses (§§230.00-230.40)
- 235. Obscenity and Related Offenses (§§235.00-235.24)
- 240. Offenses Against Public Order (§§240.00-240.71)
- 241. Harassment of Rent Regulated Tenants (§§241.00-241.05)
- 242. Offenses Against Service Animals and Handlers (§§242.00-242.15)
- 245. Offenses Against Public Sensibilities (§§245.00-245.11)
- 250. Offenses Against the Right to Privacy (§§250.00-250.65)
- 255. Offenses Affecting the Marital Relationship (§§255.00-255.30)
- 260. Offenses Relating to Children, Disabled Persons, and Vulnerable Elderly Persons (§§260.00-260.34)
- 263. Sexual Performance by a Child (§§263.00-263.30)
- 265. Firearms and Other Dangerous Weapons (§§265.00-265.40)
- 270. Other Offenses Relating to Public Safety (§§270.00-270.35)
- 275. Offenses Relating to Unauthorized Recording (§§275.00-275.45)
- 400. Licensing and Other Provisions Relating to Firearms (§§400.00-400.10)
- 405. Licensing and Other Provisions Relating to Fireworks (§§405.00-405.18)
- 410. Seizure and Forfeiture Used in Promoting Pornography (§410.00)
- 415. Seizure and Forfeiture of Vehicles, Vessels, and Aircraft Used to Transport or Conceal Gambling Records (§415.00)
- 420. Seizure and Destruction of Unauthorized Recordings of Sound and Forfeiture of Equipment Used in the Production Thereof (§§420.00-420.05)
- 450. Disposal of Stolen Property (§450.10)
- 460. Enterprise Corruption (§§460.00-460.80)
- 470. Money Laundering (§§470.00-470.25)
- 480. Criminal Forfeiture—Felony Controlled Substance Offenses (§§480.00-480.35)
- 485. Hate Crimes (§§485.00-485.10)
- 490. Terrorism (§§490.00-490.70)
We Handle All Federal Criminal Law Matters
- RICO
- Drug possession and sale
- Homicide
- Kidnapping
- Mail and wire fraud fraud
- Conspiracy
- Obstruction of Justice
- Piracy and Privateering
- Robbery and Burglary
- Telemarketing Fraud
- Extortion and Threats
- Criminal Street Gangs
- Embezzlement and Theft
- Espionage and Censorship
- Cases involving Fraud
- Cases involving Stolen property
- Labor Contracts
- Assault
- Weapons
- Arson
- Tax evasion
- Sexual Abuse