Whether or not you could face jail time depends on several factors, including the nature of the charges, the evidence against you, your prior record, and the specific crimes charged. Being charged does not automatically mean you will go to jail. A criminal defense attorney can help explain your options and work toward the best possible outcome.

Will I have to report this to my current employer or a future employer?

Whether you need to report a criminal conviction to a current or future employer in New York depends on factors such as your employment contract, company policies, the nature of your job, and the type of conviction. Some industries, including finance, healthcare, education, and government positions, may require disclosure. An attorney can review your specific situation and help determine whether disclosure may be necessary.

Is there anything I can do immediately to help my defense?

You should avoid discussing your case with anyone other than your attorney, because anything you say may potentially be used against you. You should also preserve any documents, messages, videos, photos, or other evidence that may be relevant to your case and provide them to your attorney.

Long Island Criminal Defense Attorney

FAQs

Defending the Rights of the Criminally Accused

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Frequently Answered Questions

Q: Will the case stay on my record?

Whether a case stays on your criminal record in New York depends on the outcome and the nature of the charges. If the case is dismissed or results in an acquittal, it typically will not appear on your criminal record, though it may still appear in certain background checks unless sealed. Some convictions, including certain felonies and serious misdemeanors, may remain on your record permanently. New York may offer sealing options for specific offenses if eligibility requirements are met.

Will I go to jail?

Whether or not you could face jail time depends on several factors, including the nature of the charges, the evidence against you, your prior record (if any), and the specific crimes charged. My role is to guide you through this process and work towards the best possible outcome. Remember, being charged doesn’t automatically mean you’ll go to jail. There are many options and strategies we can explore together for an aggressive and successful defense.

Will the case stay on my record?

Whether a case will stay on your criminal record in New York depends on the outcome and the nature of the charges. If the case is dismissed or results in an acquittal, it typically won’t appear on your criminal record, though it might still show up in some background checks unless it’s sealed. Certain convictions, especially felonies and serious misdemeanors, will remain on your record permanently. However, New York does offer options for sealing specific offenses after a certain period, provided you meet the eligibility requirements. I can help review your case and advise on whether sealing or other remedies might be available.

Will I have to report this to my current employer? Will I have to report it to a future employer?

Whether you need to report a criminal conviction to your employer in New York depends on several factors, including your employment contract, company policies, and the nature of your job. New York is an at-will employment state, but laws like the New York State Human Rights Law and the Fair Chance Act in NYC limit how and when employers can consider criminal convictions. Some industries, especially those involving finance, healthcare, education, or government positions, may legally require disclosure. I recommend reviewing your employment agreement and any company policies regarding criminal convictions, and I can help assess whether disclosure is necessary in your specific situation.

Is there anything the client can do immediately to help the defense?

Stay Silent & Avoid Self-Incrimination – Do not discuss your case with anyone except your attorney. Anything you say can be used against you.

Are you the right attorney for this type of case?

Gather & Preserve Evidence – If you have any documents, messages, videos, or other evidence that is relevant to your case.

What should I do if I’m arrested on Long Island?

Invoke your right to remain silent immediately and ask for a lawyer. Do not answer police questions without an attorney present, and do not discuss your case with anyone, including cellmates, friends, or family, as those conversations can be used against you. Contact a criminal defense attorney as soon as possible, ideally before any questioning.

Do I really need a lawyer for a first offense or a “minor” charge?

Yes. Even a first or seemingly minor charge in New York can carry jail time, fines, a permanent record, and consequences for employment, housing, and immigration. An attorney can often reduce or dismiss charges that seem hopeless. The Law Offices of Scott Gross offers free consultations so you can understand your options before deciding.

What’s the difference between a misdemeanor and a felony in New York?

Misdemeanors are less serious crimes carrying up to one year in jail. Felonies are more serious and carry more than one year in state prison. Felonies are graded Class A through E, with Class A the most serious (up to life). Even a misdemeanor conviction can affect your record, job, and housing.

What’s the difference between a DWI and a DWAI in New York?

A DWI (Driving While Intoxicated) means a BAC of 0.08% or higher and is a misdemeanor on a first offense. A DWAI (Driving While Ability Impaired) means a BAC of 0.05%–0.07%, or impairment by drugs, and is a traffic infraction. Both carry fines, license penalties, and possible jail. An attorney can often challenge the stop, the breathalyzer, or the field sobriety testing.

Can a first DWI be reduced or dismissed in New York?

Sometimes, yes. Possible defenses include an unlawful traffic stop, improper breathalyzer calibration, incorrect field-sobriety-test procedures, or lack of probable cause. An experienced Long Island DWI attorney can review the evidence and identify defenses specific to your case.

How much does a criminal defense lawyer cost, and do you offer free consultations?

Fees depend on the charge and complexity of the case. The Law Offices of Scott Gross offers a free initial consultation to review your situation, explain your options, and provide a clear fee structure, with no obligation. Call 516-500-9068, available 24/7.

What happens at an arraignment?

An arraignment is your first court appearance, where you’re formally told the charges, enter a plea, and the judge decides on bail or release conditions. Having an attorney at arraignment is important; they can argue for release, favorable conditions, and begin protecting your rights immediately.

I was served an order of protection. What should I do?

Take it seriously and do not violate it, even if the other person contacts you first; a violation is a separate crime. An order of protection can affect where you live, your children, and your firearms. An attorney can represent you at the hearing and work to modify or contest the order.

Can I get a drug charge reduced or enter a treatment program?

Often, yes. New York offers judicial diversion and treatment-court options for certain drug offenses that can lead to reduced charges or dismissal upon completion. Eligibility depends on the charge and history. An attorney can determine whether you qualify and advocate for a treatment-based resolution.

Do you provide services in Spanish?

Yes. Scott Gross is fluent in Spanish and provides representation to Long Island’s Spanish-speaking community. / Sí. El abogado Scott Gross habla español con fluidez y ofrece representación a la comunidad hispanohablante de Long Island.

The above is general legal information, not legal advice. Every case is different; please consult an attorney about your specific situation.