Recent Successes

In recent years, attorney James E. Tyner has built a reputation as a skilled, aggressive criminal defense attorney based on his courtroom results. Below is a list of select results. Contact The Law Office of James E. Tyner today if you require the services of a proven trial lawyer.

Recent Successes Quick Links

• White Collar Crimes
• Weapons
• Rape/Sex Crimes
• Probation/Parole
• Murder/Assault/Theft/Property Crimes
• DWI
• Drugs
• Domestic

White Collar Crimes

• Woman accused of unlawful duplication of computer-related material has case dismissed.
• Man charged with Criminal Possession of a Forged Instrument for allegedly possessing forged driver’s license has case dismissed.
• Man charged with Obstructing Government Administration in connection with search for runaway teenager has charges dismissed after defendant’s motions.
• Grand Larceny charges spending against contractor dismissed after prosecutor is convinced no criminal conduct had occurred.
• Criminal investigation by the New York State Department of Labor concerning Fraudulent Receipt of Unemployment Benefits. After negotiations with the agency, client was not charged.
• Immigrant charged with Felony Larceny for misuse of food benefits and authorization cards. After negotiations, the client plead to non-criminal violation, avoiding deportation.
• Court dismisses felony charge of offering a False Instrument for Filing after defense motions.
• Criminal investigation into Computer Tampering and Unauthorized Use of a Computer by the New York State Police. Client’s computer seized by police. After defense investigation and negotiation, no criminal charges were filed and client’s computer was returned.
• Man charged with Trademark Counterfeiting for allegedly possessing counterfeit compact discs has charges dismissed.
• Albany County man charged with felony Criminal Possession of a Forged Instrument has charges dismissed.
• Woman charged with crime of Issuing a Bad Check. Check was not intentionally issued in bad faith. Charges were dismissed.
• Department of Social Services Investigation concerning alleged Welfare Fraud for Fraudulently Receiving Child Care. After negotiations with DSS, no charges were filed.
• Albany County man charged with Felony Conspiracy permitted to plead to non-criminal violation.

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Weapons

• Court dismisses charges against man allegedly in Possession of Illegal Firearms and charged with Criminal Possession of a Weapon in the fourth degree.
• Man charged with third degree Criminal Possession of a Weapon, four counts of fifth degree Conspiracy and a charge of Overdriving, Torturing, and Injuring an Animal has charges dismissed and remaining charges reduced to non-criminal violation.
• Man charged with Felony Criminal Possession of a Weapon for allegedly possessing a loaded handgun. Violent felony reduced and client permitted to plead to misdemeanor charge.
• Man charged with felony Criminal Possession of a Weapon, Menacing and Assault in Albany County. After negotiations with the District Attorney’s Office, weapons charges were dismissed and case resolved with a non-criminal violation.
• Woman charged with Menacing in the third degree after making threats to her neighbor. After negotiating with District Attorney’s Office, charges were dismissed.
• Man charged with Menacing in the second degree girlfriend and Criminal Possession of a Weapon in the fourth degree for possession of a shotgun. Charges dismissed.

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Rape/Sex Crimes

• Man charged with second degree Sexual Abuse has charge reduced to non-criminal violation, thereby avoiding registration as a sex offender.
• Man accused of first degree Sexual Abuse found not guilty after jury trial.
• New York State Police investigation of client regarding Sexual Abuse allegations. After providing the police with additional information, the investigation was closed.
• Client charged with Rape in the first degree after woman alleged non-consensual sex after a party. Investigation revealed the accusation was false and client was permitted to plead to non-criminal violation.
• Rape charges dismissed. Man wrongfully accused of Rape in the First Degree has charges dismissed after negotiations with prosecutors and a defense investigation showed a lack of proof against the client.
• Prosecutor declines to prosecute Rape allegations after defense investigation reveals false motives of the alleged victim.
• Forcible Touching and Unlawful Imprisonment charges dismissed in Delaware County after defense motions to dismiss charges.
• Rape in the first degree charges dismissed after defense reveals the false motives and prior false accusations of the accuser.
• Man falsely charged with Felony Sex Crimes. Client permitted to plead to non-criminal violation.
• Man charged with Patronizing a Prostitute has charges reduced to a non-criminal violation after the defense discovers problems with the prosecutor’s proof.
• Schenectady County man charged with Loitering for the Purposes of Engaging in Prostitution has charges dismissed after defense motion challenges constitutionality of law.
• New York State Police investigation into alleged Rape. After defense investigation and discussions with law enforcement, no criminal charges were filed.
• Client charged with Forcible Touching permitted to plead to low grade misdemeanor and avoid registration as a sex-offender after defense investigation reveals accused may have had ulterior motives for making report.

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Probation/Parole

• Man charged as Fugitive from Justice has case dismissed.
• Man accused of Bail Jumping has case dismissed.
• Man has parole warrant vacated after Drug Possession charges are dismissed.

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Murder/Assault/Theft/Property Crimes

• Man charged with felony level offering a False Instrument for Filing has charges dismissed.
• Felony Grand Larceny charges pending against college student are reduced to a non-criminal violation after prosecutor is convinced alleged actions resulted from hazing incident.
• Felony Burglary and Grand Larceny charges dismissed against man in Rensselaer Country.
• Man found not guilty of Aggravated Harassment charges after trial in Schenectady County.
• Petit Larceny charge against Halfmoon woman dismissed before trial.
• Attorney from foreign jurisdiction charged with fourth degree Grand Larceny has charges reduced to noncriminal violation in order to preserve her ability to practice in home jurisdiction.
• College student facing felony Grand Larceny charges has case dismissed when defense proves that he was an unwilling participant to a fellow student’s undisclosed illegal conduct.
• Man facing second degree Assault charges and potential risk to immigration status receives reduction to non-criminal violation when defense shows that the defendant was falsely accused and that initial accuser had motive to lie.
• College student charged with second degree Assault has charges reduced to non-criminal violation when defense shows that he was defending himself and girlfriend from racially-motivated assault.
• Catskill woman facing third degree Assault charges has case dismissed.
• Man charged with second degree Stalking has charges reduced to non-criminal violationafter defense secured surveillance tapes which proved client was not guilty.
• Man charged with third degree Assault has case dismissed.
• Man charged with second degree Assault has charges reduced to non-criminal charge
• Woman charged with second degree Assault has charges reduced to non-criminal violation.
• Man charged with second degree Assault and Robbery in the first degree has charges reduced to simple on-criminal violation after defense highlights to prosecutor inconsistencies in witness statements.
• Man charged with felony Assault charges has case dismissed after defense shows that he was defending his sister and nephew in a domestic dispute involving baby’s father.
• Client facing felony Burglary charges has case dismissed after defense motion challenging the timeliness of the prosecution.
• College student charged with Resisting Arrest after campus officers attempted to subdue him. Charges dismissed.
• Woman has altercation with police officer after traffic stop and is charged. Case dismissed.
• Man charged with Assault for allegedly punching victim. Charges dismissed.
• Prosecutor agrees to dismiss charge of Petit Larceny in exchange for client completing minimal community service obligation. Charges dismissed.
• High school student arrested for Shoplifting from local mall. Charges dismissed.
• Man charged with felony Robbery and Burglary charges has charges reduced to a non-criminal violation with payment of a fine.
• Washington County man accused of Assault against a person at a party. After witness statements were taken showing the Assault was in self-defense, charges were dismissed.
• Woman charged with Assault for allegedly punching a woman at a bar. After it was shown the victim did not suffer a physical injury, charges were reduced to a non-criminal violation.
• Client charged with Assault in the third degree in Warren County. Case dismissed after defense proved assault never occurred.
• Assault charges dismissed after defense investigation revealed complainant did not suffer any injuries.
• Violent felony Gang Assault charge in Schenectady County dismissed from indictment after defense motion challenges evidence presented to the Grand Jury. After extensive negotiations, client received non-criminal adjudication.
• Resisting Arrest charge against a Schenectady County man is dismissed after Court decides charge was based upon an illegal arrest.
• Assault charges against Albany college student dismissed after defense offers proof that he was the one that was actually assaulted.
• Young woman accused of stealing property from a local mall. Charges were dismissed.
• Rensselaer County man charged with felony Criminal Possession of Stolen Property and alleged credit card fraud permitted to plead to non-criminal violation after lengthy negotiations with District Attorney’s Office.
• Woman accused of Shoplifting. Case dismissed.
• Woman charged with Stealing TV from department store. Charges dismissed after proof presented that payment was made.
• Man charged with Grand Larceny for allegedly stealing jewelry. Client permitted to plead to non-criminal violation.
• Charges against man charged with Grand Larceny and Criminal Possession of Stolen Property in Schenectady County dismissed following the filing of defendant’s motions.
• Charges of Criminal Possession of Stolen Property against man in Schenectady Countydismissed after defense counsel argues there was no lawful reason to arrest the defendant.
• Client charged with Stealing Merchandise from department store has charges dismissed after a showing by defense that the items were purchased.
• Albany County resident accused of Attempted Burglary permitted to plead to non-criminal violation after defense convinces the authorities the client’s actions were nothing more than a high school prank, and not criminal in nature.
• Man charged with felony Criminal Mischief for allegedly destroying a car. Charges dismissedafter defense showed he was not present.
• Woman charged with Criminal Mischief. Charges dismissed after proof was presented that she was not present for the crime.
• Charges against a Schenectady woman alleging destruction of a neighbor's property. Charges dismissed.
• Schenectady County man charged with Grand Larceny in the fourth degree has charges dismissed after a showing that he paid landlord.

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DWI

• Court grants defendant’s motion to dismiss all charges against woman charged with Driving While Under the Influence of prescription drugs.
• Woman charged with Driving While Ability Impaired by alcohol has charges dismissed and instead pleads guilty to a parking ticket.
• DWI charges dismissed after probable cause hearing.
• DWI charges dismissed after successfully persuading prosecutors that the proof was insufficient to sustain a conviction.
• DWI charges dismissed against client alleged to have been involved in a motorcycle accident because proof of operation was deficient.
• Felony DWI charge in Albany County dismissed after defense motion challenges timeliness of prosecution’s actions.
• DWI charges dismissed in Albany County after lengthy negotiations and hearings. Client plead to a reduced charge of Reckless Driving.
• DWI charges against Greene County man dismissed after defense negotiations convince District Attorney’s Office another individual was operating the vehicle.
• Client charged with DWI has charge dismissed and is instead permitted to plead guilty to a parking ticket after defense investigation challenges legality of client’s arrest.

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Drugs

• Man charged with felony Sale of Marijuana, fifth degree Criminal Possession of Marijuana and Child Endangerment has charges reduced to two non-criminal violations.
• Man charged with Criminal Possession of a Controlled Substance and Criminal Possession of a Hypodermic Instrument has charges reduced to two non-criminal violations.
• Man accused of Tampering with Physical Evidence, Loitering and seventh degree Criminal Possession of a Controlled Substance has charges reduced to non-criminal violation and a fine.
• Woman charged with first degree Criminal Possession of Marijuana for allegedly possessing over 10 pounds of marijuana has case dismissed.
• Man alleged to be in possession of a large quantity of marijuana and operating a marijuana growing operation has charges dismissed after motions are filed on his behalf.
• Greene County man charged with Criminal Possession of Marijuana and Criminal Possession of Controlled substances has charges dismissed after it was shown by the defense he was not in actual possession.
• Man charged in seven-count indictment with Criminal Sale of a Controlled Substance for selling Heroin. Despite the client having an extensive criminal history, this office was able to negotiate a probation sentence which required no jail time. 
• Charges dismissed in drug possession case charging a class A felony for possession of hallucinogenic substances.
• Albany County man charged with felony Criminal Possession of a Controlled Substance after possessing Heroin has charges dismissed after prosecutors fail to timely prosecute.
• Schenectady County man indicted for felony Marijuana Possession has indictment dismissedand charges reduced to a class B misdemeanor.
• Charges dismissed against man charged with Possessing Marijuana in Schenectady County after defense investigation reveal search was unlawful.
• Woman charged with Possession of Marijuana in Saratoga County. Charges dismissed.
• Client charged with Class B felony for possession of Cocaine has charges dismissed.
• Schenectady County Man charged with class B felony Drug Possession has charges dismissed after defense motion challenges timeliness of prosecution’s actions.
• College student charged with Possession of Marijuana has charges dismissed after defense motion.

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Domestic

• Woman charged with Endangering the Welfare of her two children has charges dismissed after prosecutor is convinced she was wrongly charged.
• Man found not guilty of Aggravated Harassment charges after trial in Schenectady County.
• Court dismisses third degree Assault charges against man after evidence shows he was not the initial aggressor and was only acting in self-defense.
• Catskill woman facing third degree Assault charges has case dismissed.
• Man charged with Aggravated Harassment after leaving threatening voicemails on wife’s answering machine has charges dismissed after investigation reveals wife’s ulterior motives in making complaint.
• Woman charged with Assault in the second degree after stabbing boyfriend several times with kitchen knife has felony charges reduced to a non-criminal violation in Schenectady County.
• Albany County woman charged with Aggravated Harassment has charges dismissed after defense investigation proves charges were unfounded.
• Man accused of threatening wife in domestic dispute had charges dismissed because wife’s allegations could not be substantiated.
• Woman charged with domestic Assault for allegedly hitting ex-husband’s girlfriend. Charges dismissed.
• Court dismisses charges against man charged with Domestic Assault after incident with girlfriend.
• Man charged with Menacing ex-wife. Charges dismissed.
• Woman charged with felony Assault after allegedly stabbing husband with fork. Charges dismissed.
• Woman charged with Assaulting estranged husband in a domestic dispute. Charges dismissed.
• Man accused of Assaulting girlfriend has charges dismissed after proof is presented to District Attorney that no such assault occurred.
• Woman charged with Aggravated Harassment in a domestic dispute. Charges dismissed.
• Court dismisses Harassment and Endangering the Welfare of a Child has charges filed against a Schenectady County woman after extensive pre-trial defense motions. Charges dismissedagain after prosecutor attempts to charge client with same charges.