Queens Criminal Defense Attorney

Protecting Your Record and Your Future In Queens Criminal Courts

An arrest in Queens can be a shocking and frightening experience. One moment you are going about your life, and the next you are at the precinct or in a holding cell while officers process your fingerprints and paperwork. Many people arrested in Queens have never been involved with the criminal justice system before. The accused individual may have made a mistake, reacted in the heat of the moment, or was arrested and charged due to mistaken identity. New York law is tough, and even a first encounter with the police is fraught with danger. A criminal charge filed in Queens Criminal Court, if not handled by a talented legal professional, can lead to severe long-term consequences.

When the stakes are high, and a criminal accusation could affect your freedom, your job, and your immigration status, it is critical to have the support of a Queens criminal defense attorney who understands the system from the inside out. Michael A. Schillinger, Esq., previously served as an Assistant District Attorney and has also worked in public service as a congressional case worker. That background provides insight into how prosecutors and government agencies evaluate cases, which can be used to scrutinize the evidence and raise practical challenges to the charges. If you or a loved one faces a criminal accusation in Queens, you can call the Islip, Astoria, or Forest Hills office to discuss the next steps and begin planning a response.

Queens Criminal Charges Our Firm Handles

People contact a Queens criminal defense lawyer to defend against a range of different accusations. Some cases involve heated disputes between family members or neighbors. Other defense cases arise from traffic stops, street encounters, or investigations that have been underway behind the scenes for months. New York Penal Law divides charges into misdemeanors and felonies, each with different sentencing ranges, collateral consequences, and rules for sealing. Understanding precisely what the prosecution has filed and how it fits into the Penal Law framework is the first step toward assessing risk and identifying the most effective defense options.

A wide range of criminal allegations come through the Queens Criminal Court and Supreme Court, Criminal Term.

The Law Office of Michael A. Schillinger, Esq. regularly assists people charged under New York Penal Law in cases such as:

Assault and Violent Offenses: Many Queens cases involve allegations of assault under Penal Law Article 120, including bar fights, domestic incidents, and confrontations on the street or in apartment buildings. The level of the charge will vary, based on alleged injuries and whether a weapon was involved. Your criminal defense lawyer in Queens must perform a careful review of all medical records, photographs, and witness statements as early as possible in the process.
Theft and Property Crimes: Shoplifting, petit larceny, grand larceny, and possession of stolen property fall under Penal Law Article 155 and related sections. These charges can arise from store security stops, allegations of employee theft, or disputes over ownership. Property offenses often carry restitution demands and can affect employment opportunities, especially for those working in financial or retail settings.
Drug Crime Charges: Queens police and state troopers frequently bring cases under Penal Law Article 220 for possession or sale of controlled substances. These prosecutions can range from a simple possession case involving a small quantity to more serious accusations that involve alleged sales, larger weights, or intent to sell. Search and seizure issues are often central in drug cases, especially when officers stop a vehicle or search a home.
Weapons and Firearms Allegations: New York maintains strict gun laws under Penal Law Article 265. A person can face a felony charge simply for possessing a loaded firearm without the proper license, even if the weapon is never fired or displayed. Other cases involve knives, batons, or alleged possession of a weapon during another offense. These prosecutions often carry mandatory minimum sentences, making early legal advice especially important.
DWI: A DWI conviction can lead to severe consequences, including the loss of the legal right to operate a vehicle, and for those with prior convictions, incarceration. Don’t assume you will be found guilty, as these cases may involve police or lab errors that can lead to reduced or dismissed charges.
Federal Crimes: These offenses violate U.S. federal law and are investigated by federal agencies like the FBI or DEA. They often involve activities crossing state lines, such as drug trafficking, tax evasion, money laundering, or certain fraud schemes, and are prosecuted in federal court.
Gun Crimes: These crimes involve unlawful carrying, owning, selling, or the use of a firearm in the commission of another crime. Charges vary widely based on an individual’s criminal history and factors like carrying a concealed weapon without a permit or possessing a prohibited weapon.
Sex Crimes: These are serious offenses involving non-consensual or illegal sexual activity, ranging from sexual assault and rape to crimes against children and prostitution. Convictions often result in severe penalties and mandated sex offender registration.
Theft: The unlawful taking of another person’s property without their consent, with the intent to permanently deprive the owner of it. Examples include shoplifting, embezzlement, burglary, and grand larceny. The severity of the charge often depends on the value of the allegedly stolen property.
Traffic Crimes: More serious than minor infractions, these are moving violations that carry potential jail time or significant fines. Examples include driving under the influence (DUI/DWI), reckless driving, and hit-and-run, which can also lead to license suspension.
Violent Crimes: These are offenses where force or the threat of force is used against a victim. They are among the most serious crimes, including murder, manslaughter, assault, robbery, and kidnapping. Penalties are typically severe due to the harm inflicted.
Airport and Transit System Incidents: Because Queens includes JFK and LaGuardia airports and subway and transit hubs, unique types of cases regularly arise. Examples include possession of contraband discovered during Transportation Security Administration screenings, theft allegations involving luggage or airport businesses, and offenses that occur on trains and platforms. These cases may have overlapping federal and state laws with serious immigration consequences.

Building A Strong Defense Strategy

A strong defense in Queens does not happen automatically. It requires a methodical approach that starts with listening closely to your story and evaluating the prosecution’s case piece by piece. Every allegation, whether it involves an accusation of violence, drugs, theft, or a weapons charge, will have weak points that can be exploited for the defense. The defense process examines those assumptions, looks for inconsistencies, and uncovers information that might never appear in a police report. New York’s constitutional protections, including rights under the state constitution and the Fourth, Fifth, and Sixth Amendments to the United States Constitution, play a central role in this analysis.

Our criminal attorney takes a strategic approach to defending criminal charges. He treats the people he serves with compassion, respect, and the highest level of personal support.

A criminal charge usually involves the following actions:

Thorough Fact Investigation: A careful defense begins with collecting every available piece of information. That can involve visiting the scene, taking photographs, obtaining surveillance footage, reviewing social media posts, and requesting medical or business records. Witnesses who were never interviewed by police might provide context that alters how a judge or jury views the events.
Witness Interviews and Credibility Assessment: Statements in police paperwork are often summaries that may omit important details or nuances. Speaking directly with witnesses, including those listed by the prosecution, allows the defense to assess credibility, identify contradictions, and preserve testimony while memories are fresh. This work can be critical when the case turns on identification or competing accounts of a brief encounter.
Search, Seizure, and Stop Analysis: Many Queens cases arise from street or traffic stops, or from searches of homes and vehicles. The defense examines whether the officers had the reasonable suspicion or probable cause required by New York and federal law. If officers exceed their lawful authority, motions under Criminal Procedure Law Article 710 may seek suppression of physical evidence, statements, or identifications obtained through an illegal search or seizure.
Challenging Identifications and Statements: Lineups, show-ups, and photo arrays must follow protocols designed to reduce the risk of misidentification. Similarly, statements the accused makes must be voluntary and may require Miranda warnings before an interrogation while in custody. Where the procedures do not follow constitutional requirements, the defense can request suppression hearings and cross-examine the officers who conducted the identification or interrogation.
Negotiation and Trial Preparation: Even when a client is open to a negotiated resolution, preparing the case as if it will go to trial can strengthen the defense. Trial preparation includes developing themes, organizing exhibits, drafting cross-examinations, and anticipating the prosecution’s arguments. Demonstrating a readiness to try the case may improve the terms of any offered plea and keep all options on the table.

Queens Criminal Defense FAQ

What is the difference between a misdemeanor and a felony under New York Penal Law?

New York classifies most offenses as either misdemeanors or felonies. Misdemeanors carry a maximum jail sentence of one year, often in a local facility such as Rikers Island. At the same time, felony crimes can carry longer sentences in state prison. Felonies also carry additional collateral consequences, including restrictions on certain civil rights and eligibility issues for some types of public benefits or housing. Understanding the category of a criminal charge, misdemeanor or felony, will clarify the potential range of outcomes and the strategy that can be most effective.

Can I be released without paying bail in Queens Criminal Court?

New York’s bail reform laws and CPL Article 510 direct judges to consider release on recognizance or non-monetary conditions for many offenses. Some charges are not bail-eligible at arraignment, while others allow the court to set bail based on factors such as criminal history, prior failures to appear, and community ties. Options like supervised release and other conditions can sometimes allow a person to remain out of custody while the case moves forward.

What if the police violate my constitutional rights during a search?

If officers conduct an unlawful search or seizure, or if a stop lacked reasonable suspicion or probable cause, the defense could file motions seeking suppression of evidence. Criminal Procedure Law Article 710 provides mechanisms to challenge physical evidence, statements, and identifications obtained in violation of constitutional rights. A judge may hold a hearing to take testimony from officers before ruling on whether the evidence is admissible at trial.

Will a conviction be on my record forever, or can it be sealed under CPL § 160.59?

New York permits the sealing of certain eligible convictions under CPL § 160.59, subject to specific conditions, including a waiting period and limits on the number of convictions. Not every offense qualifies, and the process involves filing an application and notifying the District Attorney, who may object. Even when full sealing is unavailable, lesser pleas can sometimes reduce a record’s long-term visibility. Furthermore, some resolutions, such as an adjournment in contemplation of dismissal or even a disorderly conduct violation, can result in a matter being sealed more quickly, to help you ensure that your record is clean.

Do I have to appear at every court date if I live outside New York?

Many Queens cases require the accused to appear in person, especially for arraignment, hearings, and trial. In some situations, the court may allow an attorney to appear without the client for routine conferences or may grant permission to appear virtually. Whether personal attendance is required depends on the type of case, the judge’s policies, and the stage of the proceedings, so it is important to consult with the defense attorney before making travel plans.

Connect With Law Office of Michael A. Schillinger, Esq.

A criminal case in Queens brings serious legal and personal consequences. So, you shouldn’t face the possible risks alone; you need a criminal lawyer who approaches every case with genuine compassion, understanding, and proven skills in both trial and negotiation. Law Office of Michael A. Schillinger, Esq. offers guidance grounded in prosecutorial experience and a deep familiarity with Queens courts. Whether the accusation involves a misdemeanor, a complex felony, or an airport or transit incident, early legal advice can help you understand the charges and make informed choices.

For a confidential consultation about a Queens criminal matter, call the Islip office at (631) 646-2282 or the Astoria office at (971) 385-5582.