The Law Office of James E. Tyner, PLLC provides dedicated and proven representation in all types of criminal defense matters throughout New York. Whether you have been accused of assault, marijuana possession, rape, murder or any other type of state or federal crime, Albany criminal defense lawyer James E. Tyner is fully prepared to vigorously defend your case. James E. Tyner is well known throughout Albany, the Capital District, and New York State for his ability to achieve successful outcomes in difficult and challenging criminal cases.
He has won dismissals and acquittals for clients charged with serious, high-profile state and federal felony offenses. With more than 15 years of collective experience, James E. Tyner has the capability to build a strong and strategic plan of attack in a full range of criminal cases, including:
After a person is arrested, the first thing police will do is read the individual their Miranda rights. These include informing the arrestee that they have the right to remain silent and the right to retain an attorney, among others. It is imperative that the person being arrested is read their Miranda rights. If they are not, the allegations against them may be thrown out and any evidence obtained during the arrest may not be admissible in court.
Depending on the crime, the individual may be given a written arrest with a promise to appear in court or may be taken to the local police station. If the latter, the person will be booked, which means their possessions will be taken (which can be picked up after release or if bail is posted), law enforcement will then obtain personal information about the individual, such as whether they have any prior arrests or convictions, a “mug shot” may be taken, and then a decision will be made on whether or not the person can be released from custody as well as the bail amount.
Once the booking process is complete, the individual may be taken to a holding cell or may be further interrogated. Anyone who is arrested for a crime in Albany or in any other part of New York has the right to a phone call to inform their loved ones or their criminal defense lawyer of what has transpired. Law enforcement officials will also file a court complaint for the individual to appear in court, known as an arraignment.
Those who have been accused of a criminal offense face the difficult decision of determining whether to plead innocent or guilty. Law enforcement officials and prosecutors often use tactics to coerce the arrested individual into “confessing” to a crime, under the pretense that their penalties may be reduced if they do so. However, there is no guarantee that a criminal charge will be dropped or that penalties will be lowered.
Anyone who has been arrested, whether the offense is drug possession, assault, or even homicide, should turn to an experienced Albany criminal defense lawyer for legal guidance. When you have an attorney on your side, you can rest assured that your rights will be protected. Your lawyer will evaluate the circumstances surrounding your arrest, will question police officers who were present during the arrest, and will also advise you during police interrogations.
As per New York Law, criminal convictions cannot be expunged, meaning they cannot be completely or permanently erased. However, certain charges can be sealed, preventing the public from obtaining your records. Sealing a criminal record, if possible, is an extremely valuable tool, as it prevents employers from obtaining information about your arrest or conviction.
It is important to note that some records cannot be sealed. For the most part, juvenile crimes can be sealed, provided they were minor delinquencies and the juvenile was not tried as an adult. Certain drug possession crimes can also be sealed, if the individual obtained drug counseling. Furthermore, arrests that did not result in a criminal conviction may also be sealed. Under certain pretenses, other misdemeanor and felony crimes may be sealed. Because the process of sealing a criminal record is extremely complex, it is advised that anyone with questions about their eligibility speak with a knowledgeable criminal defense attorney.
Whether you have been charged with a crime or are under investigation, you need to have a skilled defense attorney on your side who can explain your rights and protect your freedom. The Law Office of James E. Tyner offers free consultations and is available seven days a week phone service. Call James today at 518-783-3800 or email him directly to find out how The Law Office of James E. Tyner, PLLC can help.
I was referred to Mr. Tyner from a fellow colleague and I was more than impressed with the way he handled my case. From the first consultation, to the final decision, he thoroughly explained each step of the process. There was open communication which I found very helpful. I never hesitated to call and he was always there to answer any and all of my questions or concerns I had. He is very professional, efficient, and detail oriented. I would not hesitate to use Mr. Tyner in the future.
Posted by: Christine Bazicki