In a recent case that underscores the importance of thorough investigation and strategic defense, our law firm represented a client facing a charge of misdemeanor menacing in New York. Given our client’s prior criminal history, the initial plea bargain offered by the prosecution included a guilty plea to the misdemeanor charge, the imposition of a full stay-away order of protection for the victim, and a sentence of three years probation supervision. Our client, valuing their freedom and future, rejected this offer.
Understanding the critical nature of the situation and the potential consequences for our client, our firm took immediate action. Because of the prosecution’s reliance on the complaining witness’s testimony, we dispatched a seasoned private investigator to locate this individual. Despite a diligent and exhaustive search, the investigator could not find the complaining witness, which led us to surmise that the District Attorney’s office might also face challenges in maintaining contact with the victim.
Armed with this insight, we pressed for a jury trial, signaling our readiness to contest the charges in court. This move was strategic, aiming to capitalize on the potential unavailability of the prosecution’s main witness.
Our calculated approach led to a significant turn of events the night before the trial was scheduled to begin. The Assistant District Attorney assigned to prosecute the case reached out to us with a new offer—an adjournment in contemplation of dismissal, notably without the imposition of an order of protection against our client. This resolution was markedly favorable, considering the initial plea deal on the table.
This case highlights the critical role that a thorough defense strategy and investigative work play in the criminal justice system. By refusing to accept the prosecution’s initial terms and leveraging our investigative findings, we secured a significantly more favorable outcome for our client. This case exemplifies our commitment to our clients and demonstrates the potential for positive outcomes even in the face of daunting charges.
At Arpino Law, we are dedicated to providing our clients with zealous representation, leveraging every legal avenue and resource to ensure the best possible outcome. This case is a testament to our firm’s diligence, strategic planning, and unwavering commitment to justice.
Practice area(s): Criminal Defense
Court: Suffolk County District Court: Central Islip