AV Preeminent Peer Rated Attorneys
Utica Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Utica Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Utica Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Peter M. Hobaica, LLC

4.7
12 Reviews

  • 2045 Genesee Street, Utica, NY 13501-5927

  • Law Firm with 3 lawyers2 awards

  • Representing People Who Are Seriously Injured

  • Criminal Law LawyersPersonal Injury, Medical Malpractice, and 74 more

  • Free Consultation

Peter M. Hobaica F.A.C.T.L
Criminal Law Lawyer
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Looking for Criminal Law Lawyers in Utica?

Criminal defense lawyers represent individuals accused of committing crimes, ranging from minor offenses to serious felonies. They investigate the case, challenge evidence presented by the prosecution, negotiate plea bargains, and defend the client in court. Their primary duty is to protect the accused's constitutional rights and ensure a fair legal process.

About our Criminal Defense Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
74 %

78 Client Reviews

PEER REVIEWS
4.2

102 Peer Reviews

User Resources

Lawyer Resources

Commonly Asked Criminal Law Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Is it possible to have a non-violent federal felony expunged?

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Answered by attorney Peter B Castleberry (Unclaimed Profile)
Criminal Law lawyer at Castleberry & Elison, P.C.
There is no legal mechanism to expunge a federal felony conviction. However, there is a federal law (18 U.S.C. Section 3607) that authorizes expungement of certain offenses under the Federal Controlled Substances Act (21 U.S.C. 844). Expungement is available only to persons who were placed on pre-judgment probation under 18 U.S.C. Section 3607(a). Pre-judgment probation is when the judge finds you guilty but does not enter a judgment of conviction. If you do everything you are supposed to do on probation, the drug charge is dismissed and the record can be expunged. Representative Steven Cohen (D-TN) introduced a bill called The Fresh Start Act of 2010 (H.R. 5492) that would permit engagement of certain non-violent federal criminal offenses. Unfortunately, this is not currently the law.
There is no legal mechanism to expunge a federal felony conviction. However, there is a federal law (18 U.S.C. Section 3607) that authorizes expungement of certain offenses under the Federal Controlled Substances Act (21 U.S.C. 844). Expungement is available only to persons who were placed on pre-judgment probation under 18 U.S.C. Section 3607(a). Pre-judgment probation is when the judge finds you guilty but does not enter a judgment of conviction. If you do everything you are supposed to do on probation, the drug charge is dismissed and the record can be expunged. Representative Steven Cohen (D-TN) introduced a bill called The Fresh Start Act of 2010 (H.R. 5492) that would permit engagement of certain non-violent federal criminal offenses. Unfortunately, this is not currently the law.
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What are my penalties for evading arrest?

Mark R. Thiessen
Answered by attorney Mark R. Thiessen
Criminal Law lawyer at Thiessen Law Firm
Is it evading on foot or in a vehicle. In a vehicle is a felony and very serious with heavy prison time. An evading on foot is a misdemeanor and could be punishable up to 1 year in jail. You may qualified for deferred if the DA offers it. Parole is only for people who go to prison and get out. In either case, you need to hire the best lawyer you can.
Is it evading on foot or in a vehicle. In a vehicle is a felony and very serious with heavy prison time. An evading on foot is a misdemeanor and could be punishable up to 1 year in jail. You may qualified for deferred if the DA offers it. Parole is only for people who go to prison and get out. In either case, you need to hire the best lawyer you can.
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What can I do to drop the case? How?

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Answered by attorney Gerald R Smith (Unclaimed Profile)
Criminal Law lawyer at The Law Offices of Gerald R. Smith
This is potentially a very serious issue. In Washington, falsely reporting a crime is a gross misdemeanor punishable by up to one year in jail. Additionally, you could be required to pay restitution for the costs associated with investigating the nonexistent crime you reported. Whether you are likely to be charged is primarily a matter of police and prosecutor discretion. Under some circumstances the consequences could be even more severe. You should consult with an attorney directly and immediately before doing anything further.
This is potentially a very serious issue. In Washington, falsely reporting a crime is a gross misdemeanor punishable by up to one year in jail. Additionally, you could be required to pay restitution for the costs associated with investigating the nonexistent crime you reported. Whether you are likely to be charged is primarily a matter of police and prosecutor discretion. Under some circumstances the consequences could be even more severe. You should consult with an attorney directly and immediately before doing anything further.
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