Former Prosecutor

Attorney in Islip, NY

Being accused of a crime is one of the most stressful experiences of a lifetime, even for the innocent. The criminal justice system, with its teams of police, prosecutors, investigators, labs, and other personnel, is focused on a conviction. They bring the full power of the state government to try to secure a “guilty” verdict. As a former prosecutor, Michael A. Schillinger knows the criminal justice system from the inside out and what it takes to work within it to pursue a favorable outcome.

You have the right to be represented by a criminal defense attorney. As with any profession, lawyers vary widely in skills. Some attorneys are not comfortable in court and want to plead guilty, even if the case against you is weak. When you are under the care of our experienced trial attorney, Michael A. Schillinger, Esq., your case is in the hands of a talented trial attorney. As a former prosecutor, Mike has achieved many remarkable successes in his years representing the criminally accused in the Islip, NY area.

Islip Criminal Defense Lawyer: Former Prosecutor

Be warned: Public defenders do not have the time to devote to your defense or to help you fight to avoid the most severe consequences, such as jail time, fines, or years in prison. Public defenders in Suffolk County, NY, are seriously overloaded and will have limited resources. You deserve to be assisted by a criminal lawyer who has a compassionate, supportive approach to criminal defense and brings extensive trial experience to the table. It matters. As a former prosecutor, Mike understands the criminal justice system and the strategies that can be employed to reduce or dismiss charges or pursue a full acquittal at trial.

When you are accused of a crime, you face risks to your liberty and loss of your rights. A conviction can lead to jail or prison time, fines, and, in the case of a felony conviction, you may lose the right to own a firearm, hold public office, and may even lose your professional license. The earlier our criminal defense lawyer gets involved in your defense, the faster a resolution can be accomplished and the more quickly you can return to your normal life. If you are under investigation in a criminal case or are facing charges, call us to arrange a free consultation.

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Client Success Stories

A trustworthy practice in untrustworthy times. Mike is a fantastic attorney who is respectful, reliable, and realistic. He takes the needlessly complicated affairs of the court system, and helps his clients both navigate and understand them, ensuring that they have best chance at success possible. He is also the only attorney I’ve met who is honest about billing, actively going out of his way to make sure clients understand what they are paying for, and what potential prices of future services would might cost you. I highly recommend his practice, especially for those unfamiliar with the court system, as Mike will not take advantage of you, he will take of you.

– Ethan M.

Suffolk officer wrote me two tickets when I rolled through a stop sign. One for the stop sign a one for an indecent speed even though I was under the speed limit. Second ticket wasn’t deserved but we all know Suffolk fundraising policies. I found Mike online and asked for no points. He delivered. Higher fine but saved me in the long run. Strongly recommend using his services. A few emails which were through my phone and he was able to deliver. Never made a promise. Said he’d try. He delivered. Ty Mr. Schillinger!

– Colin B.

I reached out to Mike to retain him for my husband’s case, and it was a decision I will never regret. Mike was professional, approachable, and always easy to reach. He took the time to clearly break down every step of the process, making sure we understood what to expect. His communication was clear, consistent, and reassuring throughout. We felt confident knowing we were in good hands. I highly recommend Mike to anyone in need of a knowledgeable and compassionate attorney.

– Laya U.

I am beyond grateful for having the privilege of working with Michael Schillinger and I cannot recommend him enough. He takes his time to explain every step of the legal process, making sure you understand your options. You will never feel alone with whatever your case entails. Michael’s expertise in the law is very clear from the start. He provides clear communication at every stage, answers all your questions and will go above and beyond. If you are looking for a highly skilled and genuine attorney who really cares, I highly recommend Michael Schillinger. Thank you for all your help.

– Neeks

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Strategies to Defend Islip and Suffolk County Criminal Cases

Defending a criminal case requires hard work, long hours, and a thorough investigation of the facts and evidence. Criminal charges could be based on testimony from another party who may be dishonest, mistaken, or has the intention to hurt you or even destroy your reputation. Law enforcement may have even violated your constitutional rights in the initial stop, search, and seizure, or a lab may have faulty practices or errors in the chain of custody of evidence. Having an experienced criminal defense attorney in your corner, especially one who was a former prosecutor can help you to identify these weaknesses in the District Attorney’s case.

Weaknesses and errors in the case could lead to your charges being dismissed or reduced. Achieving a favorable outcome requires a careful evaluation of all the facts, evidence, and circumstances surrounding your case. When necessary, an investigation could reveal new evidence or identify other parties who may have been responsible for the crime. Just because you are accused does not mean you will be convicted. It could not be more critical that you are represented by a criminal defense attorney who has the skills needed to seek a more favorable outcome.

Meet Attorney
Michael A. Schillinger, Esq.

I’m Mike Schillinger, a former prosecutor and experienced attorney serving New York clients in a range of complex and high-stakes criminal defense matters. I focus on providing personalized service and exceptional advocacy for clients facing some of the most difficult situations in their lives.

I’ve spent my entire career serving the public. I’ve worked as a criminal defense attorney, Assistant District Attorney, and also as a caseworker for a U.S. Congressman. Using that experience, I take a comprehensive approach to each of my clients’ cases and ensure that their cases are resolved as favorably and painlessly as possible.

Reasonable Doubt and The Burden of Proof

The prosecutor has “the burden of proof.” They have the responsibility to prove you are guilty of the crime, beyond a reasonable doubt. This is the highest burden in our criminal justice system. To achieve a conviction, they must present compelling evidence that you committed the crime. Your Islip lawyer can present evidence pointing to another perpetrator that the prosecution may have failed to investigate, faulty investigatory techniques, police or lab errors, and other weaknesses. In some cases, motions are filed to suppress certain types of evidence or to dismiss the charge altogether.

The criminal justice system is made up of people, and people can make mistakes. In some cases, these errors, when found, can be exploited by the defense. Errors in police procedure, faulty lab practices, errors in the chain of custody of evidence, and many other mistakes, whether intentionally committed properly or not, when identified, can lead to a positive case outcome.

Why Choose Michael A. Schillinger, Esq.?

The Former Prosecutor Advantage

Benefit from the insights of a former prosecutor who knows how the other side builds and argues a case. Mr. Schillinger can anticipate the prosecution’s strategies, identify weaknesses, and position your defense for the strongest possible outcome, often before charges are formally filed.

Proven Track Record in Complex Cases

Mr. Schillinger has a long history of successfully defending clients against serious charges, including federal crimes, felony DWI, sex crimes, and appeals. His experience navigating the complexities of both state and federal courts ensures the defense is presented with the depth of legal knowledge it requires.

Dedicated Focus on Constitutional Rights

We aggressively protect your fundamental rights. Mr. Schillinger is skilled at identifying and challenging illegal searches, seizures, and questionable police procedures. We frequently file Motions to Suppress Evidence to exclude illegally obtained proof, which can often lead to reduced charges or even case dismissal.

Client-Centered, Aggressive Representation

You receive a personalized defense strategy explicitly tailored to your unique circumstances and goals. Mr. Schillinger is known for his compassionate counsel but provides an unyielding, aggressive defense in the courtroom, fighting tirelessly for your freedom, rights, and future.

Deep Local Knowledge of Islip Courts

Representation in a criminal case benefits from a lawyer who is familiar with the jurisdiction. Mr. Schillinger has an intimate understanding of the Islip, Suffolk County, and Eastern District of New York courts, including the judges and prosecutors, which is invaluable in negotiating and litigating your case effectively.

Comprehensive Legal Support Beyond the Verdict

Our commitment doesn’t end with the trial. We provide comprehensive services, including appeals, post-conviction relief, and sealing options. If you need to challenge a prior conviction or clear your record, Mr. Schillinger has the appellate experience to guide you through these challenging times. To schedule a free initial consultation, call today. For Islip, NY call 631-646-2282, for the Astoria area, 971-385-5582 and for the Queens, 631-800-7760.

How Our Defense Lawyer in Islip, NY, Fights to Protect Your Rights

Some of the motions our attorney in Islip, NY could file in a criminal case include the following:

Brady Violations: Certain evidence favorable to the accused may not have been disclosed to the defense. Evidence favorable to the defense is required to be disclosed to the criminal defense lawyer. Brady violations, or when exculpatory evidence has been withheld, have been found in many cases and often lead to favorable outcomes for the defense.
Credibility of Witnesses: A witness for the prosecution may have provided inconsistent statements, benefited from a deal made by a prosecutor, or been proven untrustworthy due to an extensive criminal history or other flaw that could be presented by our criminal defense attorney. Because credibility is extremely important, successfully challenging the credibility of key witnesses can often lead to favorable results for our clients.
Prejudicial Evidence: The prosecutor may try to present evidence of prior acts or crimes as a method to prove the accused has a propensity to commit crimes. This type of evidence can only be admitted for a specific purpose, such as proving motive, intent, or identity.
Violations of Constitutional Rights: Law enforcement officers do not have “free rein.” When law enforcement has overstepped its authority, the evidence gathered is tainted and must be excluded. A Motion to Suppress Evidence can be filed when constitutional rights violations are identified.

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Dedicated Service During Life’s Most Challenging Moments

At the Law Office of Michael A. Schillinger, Esq., our lead attorney and founder understands the anxiety and fear that come with being accused of a crime. We pride ourselves on delivering more than just an outstanding legal strategy; we offer empathetic guidance and unwavering personal support through these challenging times.

We believe exceptional legal representation requires the highest level of client service. When represented by Mr. Schillinger, you can expect responsive communication, clear explanations of how the case is unfolding, and direct access to Mike. Whether the goal is aggressive negotiations with the prosecution or a strategic and compelling presentation at trial, Michael A. Schillinger offers the focused, forceful representation you need.

Our firm’s founder, criminal defense and trial attorney Michael A. Schillinger, Esq., formerly served as a Queens County Prosecutor. During his time in that capacity, he gained invaluable insight into how the State builds its cases. This experience gives you a tactical advantage that many other attorneys lack. He can anticipate the prosecution’s moves, identify procedural weaknesses, and build a defense with a deeper understanding of the system, increasing the likelihood of a more favorable outcome.

Frequently Asked Questions

What is my first step after being charged with DWI?

The most important step after a DWI arrest is to contact our experienced criminal defense lawyer. Do not make any statements or consent to further testing. Our Islip DWI lawyer can advise you on the legal consequences if you have refused a breath or blood test versus the potential impact of the results on your case. The penalties for a DWI include mandatory license suspension and, for repeat offenses, jail or prison time. Our lawyer must investigate the initial police stop, the procedures used in field sobriety tests, and the maintenance and procedures for the breathalyzer unit to protect your driving privileges and your freedom.

Can an appeal overturn a guilty verdict? How does that process work?

An appeal is a request sent to a higher court to review the proceedings of the trial court for legal error. It is not to re-try the facts. The court of appeals does not hear new testimony or evidence; it reviews the written record of the trial. The grounds for a successful appeal involve demonstrating that a judge made a legal error, such as improperly admitting evidence or providing incorrect jury instructions, which prejudiced the outcome. The process involves filing a Notice of Appeal, ordering trial transcripts, and drafting a comprehensive brief to argue the errors.

What are the primary defense strategies for domestic violence?

Domestic violence charges may rely heavily on the testimony of an alleged victim. Some common defenses may include challenging the credibility of the accuser or the witness accounts due to inconsistencies or bias, presenting that the act was in self-defense, or that the accused reasonably protected themselves from harm, or arguing that the incident was an accident without criminal intent. An effective defense involves a thorough investigation into the facts to uncover exculpatory evidence or procedural errors made by law enforcement.

How do New York State gun possession laws categorize firearm charges?

New York has some of the strictest gun laws in the nation. Possession charges can range from a misdemeanor to serious violent felony charges. The charges filed can escalate based primarily on the type of weapon, whether the firearm was loaded, a defendant’s prior criminal history, and where the alleged gun possession occurred. The unlawful possession of a loaded firearm is frequently charged as a violent felony, carrying a mandatory minimum prison sentence, even in a first-time offense.

What determines whether a theft crime is filed as a misdemeanor or a felony?

The classification of a theft crime hinges on the value of the property alleged to have been stolen. In New York, property valued at $1,000 or less is typically charged as Petit Larceny (petty theft), a misdemeanor. If the value of the stolen property exceeds $1,000, the charge will be elevated to Grand Larceny, a felony. Charges are also automatically elevated to Grand Larceny, regardless of value, when the allegedly stolen property is a firearm or a motor vehicle, or when the theft involved extortion or was committed directly against an individual.

How are drug crimes categorized as misdemeanor or felony?

Drug crimes are classified based on the type and quantity of the controlled substance alleged to have been in your possession. These offenses range from low-level misdemeanors to Class A-I felonies. The most serious charges are filed when it is alleged that the accused possessed larger amounts of a controlled substance, or any amount that the prosecutor believes shows an intent to sell. Risks include mandatory drug treatment programs, lengthy prison sentences, expensive fines, and a permanent criminal record that will forever affect future employment and housing opportunities.

What are the defenses that could be successful if accused of a sex crime that relied on consent?

Sex crimes often depend on the element of consent. What an accused individual may have believed to be a consensual act could be reported as a sexual assault. It will be necessary for the prosecutor to prove beyond a reasonable doubt. A defense could be establishing that the contact was consensual and not the result of coercion. Other defenses could include mistaken identity, lack of criminal intent, or lack of corroboration when the accusations are based solely on the alleged victim’s testimony.

What is the harshest consequence for a conviction for a violent crime?

The most significant consequence of a conviction for a violent crime, such as assault or robbery, is that judges are required to impose a mandatory minimum prison sentence under New York law. Unlike non-violent offenses, where a judge may have discretion in the length of a prison sentence, violent felony convictions may lead to incarceration for years or even decades. These convictions also carry severe, permanent consequences, including the inability to own a firearm and limitations on sealing one’s criminal record.

Can minor traffic violations affect my life beyond paying fines?

Yes, even seemingly minor Traffic Crimes can have major consequences beyond a simple fine. Accumulating too many points on your license for violations such as speeding or reckless driving can lead to a state-mandated suspension or revocation. Furthermore, certain offenses, like repeated moving violations or more serious charges like Aggravated Unlicensed Operation, are misdemeanors that can cause a criminal record, substantial fines, increased insurance rates, and even jail time.

Contact an Islip Criminal Defense Attorney Immediately

Whether you face a first-time offense for a violation or a multiple-count felony indictment, an experienced Islip criminal defense attorney is here to help.

Attorney Mike Schillinger will hear you out and work with you to develop a well-thought-out and nuanced defense. He will fight for you every step of the way, first at the negotiation table, then through the motions and hearings, and finally in the courtroom at trial. He will review all the evidence and fight hard on your behalf.

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