Criminal Defense Lawyer in Cheektowaga, NY
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DWI Charge Reduced
A Canadian resident was charged with a DWI after a Bills game. Arthur convinced the court the test reading was wrong and got the charge reduced, sparing the client a criminal charge.
DWI Case Dismissed
After a woman was charged at a DWI checkpoint, Arthur contested the legality of the roadblock and found procedures weren't properly followed. The DWI charges were dismissed and her license restored.
DWI Charge Reduced
A Buffalo woman was charged with a DWI and blew a 0.23 BAC. Arthur took the case to trial and was successful in keeping the breath test reading from being introduced as evidence. Her charge was reduced to a DWAI.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Arthur is a 1982 graduate of the State University of New York at Albany. He earned his law degree from the University of Miami School of Law in 1985 and practiced with the law firm of Heller & Rubin in Miami, Florida from 1986 to 1988. In 1988, Arthur relocated to Buffalo, where he opened his own practice where he has continued to defend those accused of crimes in the Buffalo and Niagara Falls, New York area.


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Criminal Defense Lawyer in Cheektowaga, NY
Facing a criminal investigation or arrest in Cheektowaga, NY can feel overwhelming. You may be worried about your freedom, concerned about how this could affect your job, your family, or your reputation. These concerns are normal, and you are not alone. At a time like this, uncertainty can be stressful, and knowing where to turn may feel impossible.
Arthur L. Pressman, Attorney at Law, is here to guide you through every step of the process. As a dedicated Criminal Defense Lawyer in Cheektowaga, NY, Arthur L. Pressman works proactively to protect your rights from the moment you hire him. He begins building your defense immediately, ensuring no time is wasted and no opportunity is overlooked.
You will receive clear guidance through the complex legal system, from arraignment to trial and beyond. The goal is to achieve the best possible outcome while minimizing the impact on your life. Every strategy is carefully considered, and every step is explained so you understand your options and feel supported throughout the process.
Arthur L. Pressman offers a free consultation to evaluate your situation, discuss potential defenses, and outline the path forward. Your case will not be treated as just another file; it will receive the attention, respect, and strategy it deserves. Facing criminal charges can be stressful, but with the right advocate by your side, you do not have to face it alone.
Take the first step toward protecting your future today by contacting a trusted Criminal Defense Lawyer in Cheektowaga, NY who will fight tirelessly on your behalf.
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Understanding Criminal Charges and Penalties in New York
New York classifies criminal offenses into three main categories: violations, misdemeanors, and felonies. Violations are the least serious and often result in fines or short jail terms. Misdemeanors are more serious and are divided into Class A and Class B, with Class A carrying heavier penalties. Felonies are the most severe crimes, ranked from Class E through Class A, with Class B violent felonies carrying the harshest sentences. Depending on the classification, penalties may include fines, probation, or many years in state prison. A criminal record in New York can also have lasting consequences, affecting employment opportunities, housing, professional licenses, and immigration status. These long-term impacts often last well beyond the end of a sentence.
Common Criminal Charges in Cheektowaga, NY
Arthur L. Pressman defends clients against a wide range of criminal charges, including:
- DWI and DWAI — Charges for driving while intoxicated or with impaired ability, which can range from misdemeanors to felonies depending on prior offenses and the circumstances.
- Drug possession and drug sale offenses — Cases range from misdemeanor possession of small amounts to felony charges for larger quantities or intent to sell controlled substances.
- Assault charges — From misdemeanor assault in the third degree to felony assault in the first degree, often involving claims of physical injury.
- Theft, larceny, and robbery — Charges range from petit larceny to grand larceny in the first degree, with severity determined by the value of stolen property.
- Domestic violence offenses — Include criminal obstruction of breathing, strangulation, and assault within a domestic setting, often triggering mandatory arrest policies.
- Weapons charges — Cases involving criminal possession of a weapon in various degrees under New York Penal Law.
- Sex offenses — From sexual misconduct to rape and criminal sexual acts, covering a wide spectrum of severity.
- Juvenile delinquency offenses — Criminal acts committed by those under 18, often handled in Family Court or, for serious crimes, in criminal court as Adolescent or Juvenile Offenders.
This overview shows that criminal charges in New York vary greatly in seriousness, and each requires careful legal guidance to protect your rights and future.
New York Criminal Law: What the Statute Requires
Your Constitutional Rights After an Arrest in New York
When you are arrested in New York, you have important rights under both the U.S. Constitution and state law. You have the right to remain silent under the Fifth Amendment and CPL § 60.45, which protects you from having involuntary statements used against you in court. You also have the right to an attorney under the Sixth Amendment and New York’s Hobson rule. This means that once you request a lawyer or an attorney is involved in a related matter, police must stop questioning you. You are also protected against unreasonable searches and seizures under the Fourth Amendment. If police obtain evidence in violation of these protections, it can be excluded from your case through a Mapp, Dunaway, or Huntley hearing. Exercising these rights from the moment of arrest and refusing to speak to police without an attorney present is the most important action you can take to protect your case.
How New York Determines Bail and Pretrial Release
New York’s bail laws guide how courts decide whether a defendant can be released before trial. Under the 2019 bail reform legislation, later amended, most misdemeanors and many non-violent felonies are now non-bail-eligible under CPL § 510.10. This means defendants are released on their own recognizance or with non-monetary conditions. Certain serious crimes remain bail-eligible, including violent felonies, domestic violence, sex offenses, and other major charges. Judges consider the seriousness of the offense, past criminal history, flight risk, and community ties when setting bail or conditions. Being represented by an attorney at arraignment, usually within 24 hours of arrest, is critical because the court decides release or bail conditions at this hearing. An attorney can present arguments to secure release or favorable terms.
New York’s Persistent Offender Laws and Sentencing Enhancements
Prior convictions in New York can dramatically increase penalties for new crimes. Under New York Penal Law Article 70, a person with a prior felony conviction within ten years who is convicted again faces harsher sentencing as a second felony offender. Persistent felony offender status under PL § 70.10 can lead to indeterminate life sentences for those with two or more prior felonies. There is a distinction between violent and non-violent predicate felonies, which affects minimum and maximum sentences. Anyone facing a new charge with a prior criminal history should contact an attorney immediately. The difference between a first-time offender and a predicate felon can add many years to a sentence, making early legal guidance essential.
Criminal Defense Strategies Arthur L. Pressman Uses in New York
The right defense depends entirely on the facts of each case, and Arthur L. Pressman carefully evaluates every available angle before advising a client.
- Constitutional suppression motions — Challenges evidence obtained through unlawful stops, searches, or seizures under the Fourth Amendment using a Mapp hearing. He also challenges the voluntariness of statements through a Huntley hearing and questions lineup or identification procedures through a Wade hearing. Suppressing key evidence may cause the prosecution’s case to collapse.
- Actual innocence and mistaken identity — Presenting alibi evidence, questioning eyewitness reliability, and exposing inconsistencies in the prosecution’s account can show the accused was not involved. Expert testimony on eyewitness identification reliability is now permitted and often critical.
- Lack of criminal intent — Many offenses require a specific mental state, such as knowingly, intentionally, recklessly, or criminally negligently committing the act. If the prosecution cannot prove intent, the charge cannot stand.
- Self-defense and justification under New York Penal Law Article 35 — Defendants may use reasonable physical force to protect themselves or others from immediate unlawful harm. The law requires that the force used be proportional to the threat faced.
- Affirmative defenses — Defenses like extreme emotional disturbance can reduce a homicide charge to manslaughter. Entrapment applies when law enforcement induces a person to commit a crime they would not otherwise have committed. These defenses allow the court to consider circumstances that lessen culpability.
- Negotiated plea dispositions — Sometimes the best outcome is not a full acquittal but a reduction to a lesser charge or alternative disposition. This can include an Adjournment in Contemplation of Dismissal (ACD) or a plea to a violation instead of a misdemeanor, helping clients avoid long-term consequences on their record.
What to Do Immediately After Being Arrested in Cheektowaga, NY
An arrest can be frightening and disorienting, but knowing the right steps can protect your rights and your future.
- Remain calm and do not resist — Fighting or resisting arrest can lead to additional charges, such as resisting arrest or obstruction. These extra charges give prosecutors more leverage at your arraignment and can make your case more difficult.
- Invoke your right to remain silent immediately and clearly — Say, “I am invoking my right to remain silent and I want a lawyer.” After this, stop talking. Do not try to explain yourself or answer questions, because anything you say can be used against you in court.
- Do not consent to any search — You can refuse a warrantless search of your body, vehicle, or home politely but firmly. Giving consent may remove one of the strongest defenses available in your case.
- Do not discuss your case with anyone at the jail — Conversations with other inmates are not protected and can be reported to prosecutors. Jail phone calls are recorded, so speak only with your attorney.
- Contact Arthur L. Pressman as soon as possible — Once you are allowed to make a phone call, reach out for a free consultation. Arthur L. Pressman, Attorney at Law, begins working on your defense immediately, which can influence bail, conditions of release, and the overall direction of your case.
The right to remain silent and the right to an attorney are the two most powerful protections you have after an arrest in New York. Using them from the very first moment is critical.
Blog Posts
Why Cheektowaga, NY Residents Choose Arthur L. Pressman for Criminal Defense
When you hire Arthur L. Pressman, he begins working on your case immediately. In criminal cases, timing is critical. Evidence must be preserved, witnesses identified, and a strategy for arraignment developed before your first court appearance. Acting early can make a significant difference in the outcome, and Arthur L. Pressman does not wait to start protecting your rights.
Many criminal cases in New York carry consequences beyond the courtroom. Arthur L. Pressman handles both the criminal case and any related DMV or administrative proceedings. Clients often face license suspensions, professional license implications, or even immigration consequences alongside their criminal charges. Addressing all of these potential issues at once ensures that your defense is complete and coordinated.
Arthur L. Pressman is trial-ready in every case he takes. District attorneys and prosecutors in New York pay closer attention when they know the defense is fully prepared to go to trial. This readiness directly affects the quality of plea offers and negotiations, giving clients the best possible chance at a favorable resolution.
Clients also benefit from a free consultation. There is no cost to speak with Arthur L. Pressman, learn about your rights, and review your options in a confidential, attorney-client protected conversation. For anyone facing criminal charges, having a trusted Criminal Defense Lawyer in Cheektowaga, NY, on your side from the very start is an essential step in safeguarding your future.
Mistakes to Avoid After a Criminal Arrest in Cheektowaga, NY
Talking to Police Without an Attorney Present
The most common and most damaging mistake after an arrest is speaking to law enforcement without an attorney. Police are trained to gather information, and even casual statements can be used to support the prosecution’s case. In New York, once you invoke your right to counsel, all questioning must stop under the state’s broad right-to-counsel protections. Using this right immediately is critical. Arthur L. Pressman can be contacted right after an arrest to protect your interests and guide your next steps.
Assuming the Charge Will Be Reduced or Dropped Without a Fight
Many first-time defendants believe that having no prior record means charges will be reduced or dismissed automatically. This is not true. Prosecutors in New York base decisions on evidence, legal arguments, and the strength of the defense, not generosity. Without an attorney actively managing your case, there is no reason for the prosecution to offer favorable resolutions.
Posting About the Case on Social Media
Anything you post online, including messages, photos, or location information, can be used against you in a New York criminal case. Posts after an arrest, or even before if related to the incident, may be subpoenaed as evidence. Vague comments, expressions of frustration, or discussions with friends can be taken out of context and harm your defense. From the moment of arrest, it is safest to avoid any discussion of your case online.
Missing Court Dates or Violating Conditions of Release
Failing to appear in court can lead to a bench warrant and a separate charge of bail jumping under Penal Law § 215.55, § 215.56, or § 215.57, depending on the original offense. Violating conditions of release, such as travel restrictions, no-contact orders, or check-ins, can result in revocation and immediate detention. Arthur L. Pressman ensures you understand all obligations and never miss a court date.
Hiring a Lawyer Who Does Not Regularly Handle Criminal Defense in New York
New York criminal law is complex, including unique CPL rules, right-to-counsel protections, bail reform provisions, and local court practices. A lawyer unfamiliar with these rules may miss critical details affecting your case. Arthur L. Pressman practices criminal defense regularly and understands the local courts, prosecutors, and procedural landscape in Cheektowaga, NY.
Frequently Asked Questions About Criminal Defense in Cheektowaga, NY
An arrest is stressful, but taking the right steps immediately can protect your case. Remain calm and clearly invoke your right to remain silent by saying, “I want a lawyer and I am invoking my right to remain silent.” Do not answer any questions, do not try to explain yourself, and do not consent to any searches. Contact Arthur L. Pressman as soon as you are allowed to make a phone call. How you act in the first hours after an arrest can have a major impact on the outcome of your case.
No. Under the Fifth Amendment, you have the right to remain silent, and New York law provides even stronger protections through the Hobson right-to-counsel rule. You are generally required to provide only your name and basic identification. Politely and clearly tell the police that you want an attorney and will not answer any other questions, then say nothing further.
New York classifies misdemeanors as Class A, carrying up to one year in jail, or Class B, carrying up to 90 days. Felonies run from Class E through Class A, with sentences ranging from probation and shorter prison terms for lower-level felonies to life sentences for the most serious violent crimes. Beyond the sentence, a felony conviction carries long-term consequences, including limits on employment, housing, and civil rights.
Possibly. Charges can be reduced or dismissed through successful suppression motions, negotiated plea agreements, or trial acquittals. Arthur L. Pressman reviews all available legal arguments and factual challenges before recommending the best strategy. The approach depends entirely on the facts of your case and the evidence involved.
An ACD allows the case to be delayed, typically for six months to one year, and dismissed if the defendant remains law-abiding during that time. It is not considered a conviction. Certain misdemeanors and some felony charges may qualify, and Arthur L. Pressman can determine if this option is available. A successful ACD can prevent a permanent criminal record.
Yes. A conviction for a misdemeanor or felony results in a permanent record. New York offers tools like a Certificate of Relief from Civil Disabilities or a Certificate of Good Conduct for eligible individuals, which can restore certain rights and improve employment opportunities. Some convictions may also qualify for limited record sealing under CPL § 160.59, and Arthur L. Pressman can advise if you qualify.
The 2019 bail reform law eliminated cash bail for most misdemeanors and many non-violent felonies. Defendants for these charges are released on their own recognizance or with non-monetary conditions. For bail-eligible offenses, including violent felonies, domestic violence, and certain serious crimes, a judge sets bail or release conditions. Having Arthur L. Pressman at your arraignment is crucial to advocate for the most favorable terms.
Yes. Arthur L. Pressman provides free consultations for anyone facing criminal charges in Cheektowaga, NY. During the consultation, he reviews your charges, explains your rights under New York law, and outlines your defense options. The conversation is completely confidential and protected by attorney-client privilege.
Contact Arthur L. Pressman — Criminal Defense Lawyer in Cheektowaga, NY
Facing a criminal charge can be frightening, and it is natural to feel anxious about your future, your family, and your freedom. You do not have to face this alone. Arthur L. Pressman provides guidance and support from the moment you hire him, ensuring that your rights are protected at every stage.
Arthur L. Pressman begins working immediately, handling all aspects of your defense, including arraignment, hearings, negotiations, and trial if necessary. He also addresses related issues, such as DMV matters or other administrative consequences, so that nothing is overlooked. Every step is planned to give you the strongest possible defense under New York law.
Take control of your future today. Contact Arthur L. Pressman, a trusted Criminal Defense Lawyer in Cheektowaga, NY, for a free, confidential consultation. Early action can make a critical difference, and your first call could be the most important step in protecting your rights and your life.
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