Criminal defense in Yates, Steuben, Ontario, Wayne and Monroe Counties215 Main Street, Penn Yan, NY 14527+1 (315) 575-4205[email protected]
Tom Plan Law, PLLC

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Sentencing and after

Draft for you to change.

A conviction is not the end of the case. What happens at sentencing, and after, can matter as much as the verdict.

Sentencing

  • Pre-sentence report. The probation department interviews you and writes a report for the judge. We prepare you for that interview.
  • Our sentencing memorandum. We give the court the whole picture: your work, family, treatment, community, and letters from people who know you.
  • Alternatives to incarceration. Depending on the charge and your record, these can include probation, a conditional discharge, judicial diversion to treatment (CPL Article 216), or youthful offender treatment for young people (CPL Article 720).
  • SORA hearings. For sex-offense convictions, we contest the risk level at the hearing. See sex offenses.

After the case

  • Appeals. A notice of appeal must be filed within 30 days of sentence (CPL 460.10). We advise you on your options and can handle the appeal or work with appellate counsel.
  • Post-conviction motions. A conviction can sometimes be vacated for reasons outside the trial record, such as ineffective assistance or new evidence (CPL 440.10).
  • Sealing. Some records can be sealed on application (CPL 160.59), and under the Clean Slate Act many older records are sealed automatically after a waiting period. Tom: verify the current Clean Slate waiting periods and exclusions before this goes live.
  • Article 78. We challenge government decisions such as pistol permit revocations. See Article 78 proceedings.

Tom: photo to shoot: letters of support laid out on the conference table next to a sentencing memorandum (names covered).