Criminal Defense Practice Areas in New York

Offering Skilled Representation in Albany, New York, and Surrounding Areas for Statewide Criminal Cases

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:

• Computer Crimes. Law enforcement agencies are taking serious measures to identify and combat Internet and computer crimes, including child pornography, harassment and credit card fraud. If you have been charged with a cybercrime or are a part of an ongoing investigation, I have the experience you need and deserve.
• DWI. Trying to handle a DUI/DWI offense on your own can be a very costly mistake. Drunk driving is a serious criminal offense that can lead to potential jail time, large fines and the loss of your driving privileges.
  • Also includes: Felony DWI, Aggravated DWI, DWI/DWAI, Underage DWI, Refusal to Test, Vehicular Assault & Homicide, Ignition Interlock Device and DWI Penalties
• Drug Crimes. Drug charges can negatively impact you for the rest of your life. Whether you have been accused of marijuana possession, drug trafficking or any other type of drug crime, I will investigate every detail of your case and fight to suppress all evidence and testimony that was obtained illegally or is otherwise inadmissible.
  • Also includes: Search & Seizure, Marijuana & Drug Trafficking, Marijuana Possession, Drug Possession & Sales, Marijuana Sales, Prescription Drugs and Warrants
• Domestic Violence. My firm understands the serious and sensitive nature of domestic violence. I also appreciate that false accusations and unjustified criminal charges can have catastrophic effects on your family and your future.
  • Also includes: Aggravated Harassment, Child Abuse & Endangerment Allegations, False Allegations and Orders of Protection
• Sex Crimes. Beyond the harsh criminal fines and penalties, a sex crime conviction has the potential to destroy your future and your family. If you are facing a rape, sexual assault, child molestation or any other type of sex crime charge, my firm will fight to protect your rights every step of the way.
  • Also includes: Child Pornography,Date Rape, Internet Pornography, Internet Sex Crimes, Internet Sting Operations, Rape Charges, Statutory Rape and SORA Issues
• Theft Crimes. Shoplifting can lead to a misdemeanor or felony conviction, depending upon the value of the items taken. If you or someone you know has been accused of shoplifting, I will explore all strategies for your defense. 
• Violent Crimes. Homicide, rape, assault and child abuse are just a few of the offenses categorized as violent crimes. These crimes carry severe punishments, including the possibility of life in prison or even the death penalty. No matter how serious the criminal matter, I have the experience and resources to take on your case.
• Crimes on College Campuses. Being charged with a crime on campus can lead to suspension or expulsion, along with other serious consequences that can negatively impact your future. If you have been accused of date rape, underage drinking, drug possession or any other type of crime, contact an experienced Albany criminal defense lawyer today.
• Criminal Investigations. If you are the target of a state or criminal investigation, you need to have an experienced criminal defense attorney on your side. I know that law enforcement officials often take advantage of their authority and we will take the proper steps to protect your privacy and your constitutional rights.
• Economic Crimes. Economic crimes such as business fraud, embezzlement, and money laundering can result in severe fines and penalties, including significant time in jail. From the initial investigation through trial, I will work with you to develop a strategic and aggressive plan of defense.
  • Also includes: Business Fraud, Embezzlement, Insurance Fraud, Internet Crimes, Medicaid Fraud, Medicare Fraud and Money Laundering
• Probation & Parole Violation. A probation or parole violation can jeopardize your status and your freedom. At The Law Office of James E. Tyner, I know the law, procedures, and rules that apply to both parolees and individuals on probation. I will mount a vigorous defense to protect your freedom and your future.
• Property Crimes. Burglary,arsonand vandalism are serious property crimes.  If you have been accused of a crime that affects someone’s property, I will evaluate your case from every angle and work to develop a promising defense strategy.
  • Also includes: Arson and Theft & Burglary
• State Crimes. Whether you are accused of a misdemeanor or felony crime, The Law Office of James E.Tyner will fight to secure a winning outcome in your case. An experienced Albany criminal defense lawyer will answer your questions and provide you with the information you need to make the right decisions at each step along the way.
  • Also includes: Assault, Animal Abuse, Weapons Charge, Homicide & Attempted Homicide and Manslaughter
• White Collar & Fraud. The Law Office James E. Tyner, PLLC has extensive experience guiding and defending individuals and businesses through government investigations. If you are under investigation or have been charged with a white collar crime, my firm can provide the skilled representation you need to deal with the challenges you are facing.
  • Also includes Credit Card Fraud, Workers’ Compensation Fraud, Unemployment Fraud, Insurance Fraud, ID Theft and Mortgage Fraud
• Felony Crimes. Felonies carry the strictest penalties of any type of crime. Sentencing can vary depending on the severity of the criminal offense, especially whether the felony was a non-violent or violent, but typically result in several years of imprisonment and hefty fines. If you have been accused of a felony, we can help you surpass your charges. 
• Other Matters. My firm represents clients in all types of criminal-related proceedings, including professional license matters, grand jury proceedings, bailanddetentionhearingsand advocacy during the sentencing process. 
  • Also includes: Protect Your Professional License, Grand Jury Proceedings and Sentencing Advocacy

What Happens After an Arrest?

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.

Innocent or Guilty: What Plea Should You Enter?

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.

Can a Criminal Arrest be Sealed or Expunged?

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.

Contact an Albany Criminal Defense Lawyer for a Free Consultation

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 518-363-6305 or email him directly to find out how The Law Office of James E. Tyner, PLLC can help.