Whether a criminal conviction results in a term of incarceration, a hefty fine or another form of punishment, the sentence may be subject to a legal challenge. At the Law Office of James L. Riotto, we provide criminal defense clients with representation in efforts to reduce and/or modify their sentences. Depending on your situation, there are a variety of motions and petitions that we can utilize to try to achieve a more just result. With offices in Rochester and Albany, we offer post-sentencing legal services throughout upstate New York.
Once you’ve exhausted your appeals after a conviction, requests for changes to your sentence are typically directed to the original trial judge. New York judges have the authority to correct sentences for a variety of reasons, such as where terms of imprisonment were imposed consecutively when they should have been concurrent, or where a defendant’s prior convictions were inappropriately weighed at sentencing. Moreover, if you are in a position to cooperate with the authorities in investigations of other criminal cases, the prosecutor may join in an application to have your sentence reduced. If you’re considering taking action to reduce or modify a criminal sentence, you can rely on us to provide capable, experienced counsel.
A conviction for a sex crime can have far-reaching consequences, such as mandatory registration and community notification under Megan’s Law. However, New York law allows convicted sex offenders to petition the court a year after sentencing to have their registration and notification requirements modified or even eliminated. Typically such a request is based on good conduct, steady employment, mental health treatment and other positive factors. A modification can significantly affect the conditions of your supervision. For moderate risk offenders who would normally be required to register for life, there is the possibility of being removed from the registry and having reporting requirements eliminated after 30 years. We can help you prepare these petitions and present them in a way that gives you the best chance of success.
Unlike many states, New York does not have a legal process for having a criminal conviction expunged. Instead, individuals may apply to have their criminal records sealed. When a record is sealed, it is not available to the public and will not appear on most pre-employment background checks. You can apply to have your record sealed if you have been convicted of no more than two crimes, including no more than one felony, and you have been crime-free for at least 10 years. For drug crimes, you may be able to apply as soon as you complete your sentence and drug treatment. If you are ineligible for record sealing, you may still be able to obtain a Certificate of Relief from Disabilities or a Certificate of Good Conduct, which can help remove some of the impediments to employment and government benefits. When you meet with us to discuss your case, we will analyze what options are available to and help you choose the one best suited for your situation.
The Law Office of James L. Riotto is standing by to discuss possible remedies for modifying your sentence and otherwise reducing the negative effects of a criminal conviction. Call us at 866-772-2122 or contact us online to schedule an appointment at our Rochester or Albany offices.
James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.
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