Do I need a lawyer for a first-time criminal charge in New York County
You were shopping in a department store in Midtown Manhattan when a security guard stopped you, accused you of shoplifting, and called the police. Now you face a first-time criminal charge and a court date at 60 Centre Street. You’ve never been arrested before and don’t know what comes next. A first-time charge is a serious legal event — it can disrupt your job, your schooling, and your future. Having an experienced attorney on your side from the earliest stage can make a meaningful difference. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Strategy Options for a First-Time Charge
New York law offers several paths for first offenders that can lead to dismissal or charge reduction. Mr. Sris and his Of Counsel team begin by evaluating the charges, the evidence, and your background. They may pursue an Adjournment in Contemplation of Dismissal (ACD) — a disposition where the case is adjourned for six to twelve months and then automatically dismissed if you avoid new arrests. Alternatively, they can negotiate with the prosecutor’s office for a plea to a lesser, non-criminal violation, or seek a conditional discharge. For certain low-level offenses, participation in a community service or treatment program may be available. Every strategy is built around the specific facts of your case, with the goal of minimizing the impact on your life.
What to Expect
Your case will begin with an arraignment, typically within 24 hours of your arrest. At the arraignment, you enter a plea of not guilty and bail is set. Because of New York’s 2020 bail reform, most non-violent first-offense misdemeanors result in release on your own recognizance — you will not need to post bail. The case then moves through the New York County Criminal Court, located at 60 Centre Street, for misdemeanor matters, or to the New York County Supreme Court Criminal Term for felony-level cases. From there, your attorney will review the prosecution’s evidence, file any necessary motions, and engage in negotiations. The timeline depends on the court’s calendar and the complexity of the case, but most first-time misdemeanor matters are resolved within a few months. A felony charge, by contrast, may take longer because it requires grand jury presentment and additional pre-trial steps.
Penalty Overview
New York classifies criminal offenses by severity. A violation, such as disorderly conduct, carries a maximum of 15 days in jail. A Class B misdemeanor — for example, second-degree harassment — carries up to three months. A Class A misdemeanor, like petit larceny under $1,000, is punishable by up to one year in jail. Felony-level offenses carry longer sentences: a Class E felony (for instance, first-time drug possession with intent) can lead to 1–4 years in prison, while a Class D felony carries 2–7 years. A first-time offense rarely results in the maximum penalty, but any conviction can create a permanent criminal record that affects employment, housing, professional licensing, and immigration status. New York’s Raise the Age law sends most 16- and 17‑year-olds to Family Court, where the focus is rehabilitation rather than punishment.
Attorney Credentials
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He founded the firm in 1997 and brings decades of experience to criminal defense matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team has extensive collective experience and handles cases collaboratively. Together, they appear regularly in New York County courts and work to achieve favorable outcomes for clients facing first-time charges.
Frequently Asked Questions
Do I need a lawyer for a first-time criminal charge in New York County?
You are not legally required to hire a lawyer, but it is strongly advisable to do so. A first-time criminal charge carries potential jail time, fines, and a permanent criminal record that can affect employment, housing, and professional licenses. An attorney can identify diversion programs, negotiate for an ACD or a reduced charge, and protect your rights throughout the court process. Without representation, you may not be aware of all available options and could inadvertently plead to a charge that has lasting consequences.
How long does a criminal case take in New York?
The timeline depends on the severity of the charge and the court’s calendar. A typical misdemeanor case is resolved within a few months, while a felony case — which requires grand jury presentment — can take a year or more. New York’s speedy-trial law under CPL § 30.30 requires the prosecution to be ready for trial within 90 days for misdemeanors and six months for felonies, measured by the prosecution’s readiness, not the actual trial date.
How much does a criminal lawyer cost in New York?
Legal fees vary depending on the complexity of the case and the attorney’s experience. Factors include the number of court appearances, the need for motion practice, and whether the matter goes to trial. Law Offices Of SRIS, P.C. offers an initial consultation where you can discuss your situation and receive an explanation of the potential fee structure. Contact our firm at (888) 437-7747 to schedule a consultation.
What are the penalties for a first-time criminal charge in New York?
Penalties range from a fine or a short jail sentence to a longer state prison term, depending on the offense class. A violation carries up to 15 days in jail; a Class B misdemeanor, up to three months; a Class A misdemeanor, up to one year. Felony-level penalties escalate: a Class E felony can bring 1–4 years in prison, a Class D felony 2–7 years. Many first offenders receive probation or a conditional discharge, and some charges are eligible for dismissal through an ACD.
Can criminal charges be dropped in New York?
Yes, charges can be dropped or dismissed under certain circumstances. A prosecutor may decline to proceed if the evidence is insufficient, or the court may dismiss the case on a legal motion. First-time offenders often benefit from an ACD: the case is adjourned for six to twelve months, and if no new arrests occur, the charges are automatically dismissed and the record sealed. An attorney can present reasons why dismissal is appropriate in your particular situation.
What is an ACD in New York County (Manhattan)?
An Adjournment in Contemplation of Dismissal (ACD) is a disposition that postpones the case for a period — usually six to twelve months — and then dismisses the charges if the defendant stays out of trouble. ACDs are available for many first-time, non-violent offenses. The dismissal is automatic once the adjournment period ends without a new arrest, and the record is sealed. Your attorney can request an ACD at the arraignment or during pre-trial negotiations.
Does New York have cash bail?
New York eliminated cash bail for most misdemeanors and non-violent felonies in 2020. Under the bail reform law, defendants charged with qualifying offenses are released on their own recognizance or with conditions. Desk appearance tickets (DATs) are often issued instead of arrest and arraignment for low-level offenses. Bail is still available for violent felonies and certain other serious charges.
Can I get my criminal record sealed in New York County (Manhattan)?
Yes, New York allows sealing of certain criminal records under CPL § 160.59. You may be eligible to seal up to two convictions — only one of which can be a felony — ten years after the completion of your sentence. ACD dismissals are sealed automatically. Some marijuana-related convictions now qualify for automatic expungement. An attorney can determine your eligibility and prepare the necessary motion.
What is the penalty for a misdemeanor in New York County (Manhattan)?
A Class A misdemeanor — such as petit larceny under $1,000 — is punishable by up to one year in jail. A Class B misdemeanor carries a maximum of three months. Violations, like disorderly conduct, carry up to 15 days. Even a misdemeanor conviction can have lasting consequences, including a criminal record that may appear on background checks. First-time offenders often have options to avoid a permanent conviction, such as an ACD or a reduction to a non-criminal violation.
What should I do immediately after a first-time arrest in Manhattan?
Exercise your right to remain silent and ask to speak with an attorney. Do not discuss the facts of the case with the police or anyone else except your lawyer. You will be taken to Central Booking for processing. At your arraignment — usually within 24 hours — you will be asked to enter a plea; plead not guilty. Contact a criminal defense attorney as soon as possible so you have representation at this critical first appearance.
Will a first-time charge show on my background check?
Yes, while the case is pending, it may appear on background checks and could be visible to employers, landlords, and licensing agencies. If the charge is dismissed — for example, through an ACD — the record is sealed and will generally not show up on most background checks. A conviction, however, will create a permanent criminal record unless the conviction is sealed through a motion under CPL § 160.59. An attorney can advise you on how to minimize the impact of the charge while it is pending.
What is the difference between a violation, a misdemeanor, and a felony in New York?
A violation is not a crime and carries a maximum of 15 days in jail; a misdemeanor is a crime punishable by up to one year; a felony is a more serious crime with a potential prison sentence of more than one year. Violations include disorderly conduct and harassment. Misdemeanors are classified as A or B. Felonies range from Class E (1–4 years) to Class A-I (15 years to life). The classification determines the court, the possible penalties, and the long-term consequences of a conviction.
Learn More
For related resources in neighboring boroughs, see our pages on criminal defense in Brooklyn, criminal defense in Queens, and criminal defense in Staten Island. For a full statutory breakdown of New York criminal law, visit our comprehensive analysis on srislawyer.com.
Additional primary sources: New York County Supreme Court — 1st Judicial District · New York State Penal Law · NYC Criminal Courts.
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