Case Victories

In People v. T.M., the client was charged with the felony of Grand Larceny in the Third Degree. The client was accused of stealing merchandise valued at approximately $17,000 and facing a criminal record that would be devastating to his professional life, if convicted.

Mr. DeCarolis was able to facilitate his client’s entry into a diversionary program that allowed his client to have his charges completed dismissed upon successful completion. The client took advantage of the opportunity, completed the program without issue, and his case was completely DISMISSED leaving him WITH NO CRIMINAL RECORD.

In People v. J.E., the client was charged with Criminal Possession of Marijuana in the First Degree, the most serious marijuana offense in New York State. Mr. DeCarolis’s client was charged with possessing more than 25 pounds of marijuana and faced up to 5 1/2 years in prison if he was convicted as charged.

Through negotiations with the District Attorney’s Office, Mr. DeCarolis was able to convince them to REDUCE the C Felony to an A misdemeanor that only required his client to admit to possessing more than 2 ounces of marijuana.

In People v. K.Y., the client was charged with Criminal Possession of a Weapon in the First Degree and faced mandatory incarceration of 5 - 25 years, if convicted, despite having no prior criminal history. The client was accused of multiple violations of the New York State SAFE Act.  

After extensive negotiations with the prosecution that highlighted both weaknesses in the prosecution’s case as well as mitigating factors with respect to his client, Mr. DeCarolis was able to secure a significant REDUCTION that permitted a plea to the misdemeanor of Criminal Possession of a Weapon in the Fourth Degree with a sentence of a conditional discharge.

In People v. E.B., the client was charged with Menacing a Police Officer. The client was confronted by members of law enforcement that responded to his home when he and his family were the victims of a crime.  

The client, a New York state-licensed and lawful pistol permit holder, removed his gun from his pants in response to a request from a police officer. The police officer reacted poorly to the simple follow-through on his request and escalated an already difficult situation. Sadly Mr. DeCarolis’ client was charged with Menacing a Police Officer. Mr. DeCarolis and his client willingly appeared before a Grand Jury to share their side of the story, which the Grand Jury agreed with, as they NO BILLED the case and DISMISSED the charge.

In People v. K.R., the client was charged with Criminal Possession of a Controlled Substance in the Second Degree and faced a mandatory period of incarceration between 3 to 10 years, if convicted. The Police intercepted a package sent to the client’s residence that contained a substantial quantity of illegal drugs.  

Mr. DeCarolis launched his own vigorous investigation that immediately put the police’s theory of the case into question. Quickly, it become apparent that the client had no knowledge of the package being sent to his home and was a victim of unfortunate circumstances. A Grand Jury clearly agreed with Mr. DeCarolis’ theory rather than the police and prosecutor and it NO BILLED the case and DISMISSED the charge.

In People v. A.G., the client was charged with Criminal Possession of a Weapon in the Second Degree and faced a mandatory period of incarceration between 3 1/2 - 15 years, if convicted. A gun was found in the car occupied by the client in a private parking lot.

At a suppression hearing, Mr. DeCarolis was able to elicit testimony from the police officer on cross-examination that established the police officer lacked a lawful reason to approach and ultimately search the vehicle occupied by his client. The Judge SUPPRESSED the gun at the conclusion of the hearing which required that the DA’s office DISMISS the weapons charge against A.G.

In People v. J.R., the client was accused of menacing another person who had unlawfully entered his property with bad intentions. J.R. was acting prudently and responsibly and was simply following the instructions of the 911 operator when he displayed but did not discharge, his legally-owned shotgun. Despite the lawfulness of his actions, J.R. was charged with menacing.

Mr. DeCarolis presented these facts and circumstances as well as the justifiable actions of his client and the Judge moved to DISMISS THE CASE IN THE INTEREST OF JUSTICE.

In People v. D.J., the client was accused of robbing a person on the street. The alleged victim testified at trial that his credit card was stolen and not returned.

Anticipating this testimony, Mr. DeCarolis was prepared with extensive proof that the credit card had actually been used by the accuser on numerous occasions after the alleged robbery. With the Prosecution's main witness' credibility destroyed, the Judge rendered a NOT GUILTY verdict at the conclusion of the bench trial.

In People v. J.E., the client was accused of having unwanted sex with a woman. J.E. maintained that it was consensual sex.

A vigorous defense including the client's testimony was presented by Mr. DeCarolis at trial. The proof presented by the defense was so overwhelming that the jury swiftly returned a NOT GUILTY verdict after only 10 minutes of deliberations.

In People v. S.D., the client was accused of possessing two stolen ATVs. S.D. maintained that he lawfully purchased the ATVs on CraigsList and had no reason to suspect the items were stolen.

Mr. DeCarolis established a compelling amount of evidence to support these claims. The evidence was ultimately put in front of the Grand Jury which found there was insufficient proof to charge S.D. with a crime. The Grand Jury DISMISSED ALL OF THE CHARGES.

In People v. J.P., the client was accused of driving while intoxicated based on his breath alcohol content of .14. This was well over the legal limit of .08 and well beyond the strict DWI plea bargain policy of the District Attorney's Office.

However, Mr. DeCarolis was able to successfully negotiate a REDUCTION from the misdemeanor DWI to the violation DWAI to keep J.P.'s record clean and to save him from the stiffer penalties of a DWI conviction.

In People v. L.D., the client was accused of causing damage to another person's car. 

A thorough investigation commenced by Mr. DeCarolis revealed video footage of L.D. more than ten miles from the scene of the crime at the exact time the accuser claimed L.D. broke her car windows. A copy of the video was quickly provided to the District Attorney's Office and the CHARGES WERE DISMISSED at the first court appearance.

In People v. D.M., the client was originally represented by another attorney and convicted at trial of shooting and severely injuring two people. He was sentenced to 40 years in prison. 

Upon a successful appeal, D.M. was granted a new trial after serving less than five years of his prison term. Mr. DeCarolis represented D.M. for the second trial. After successful negotiations with the District Attorney's Office, Mr. DeCarolis was able to avoid another trial for his client and secured a REDUCED PLEA WITH TIME SERVED.

In People v. R.L., the client was accused of committing sexual acts upon his young children. He was not yet charged but he wisely retained Mr. DeCarolis after learning of the allegations made to police.

Mr. DeCarolis immediately delved into the background of both the children and their mother, quickly discovering that the allegations were simply a ploy by the mother in an ongoing custody dispute with R.L.. This information was presented to both the police and the District Attorney's Office and found to be so credible that the CHARGES WERE NEVER EVEN FILED.

In People v. L.R., the client was accused of possessing a large quantity of cocaine with the intent to sell it. Based on his extensive criminal record, L.R. was looking at a minimum of 6 years to a maximum of 15 years in prison if convicted of this felony.

After negotiations with the District Attorney's Office, Mr. DeCarolis was able to obtain a REDUCTION to Criminal Possession of a Controlled Substance in the 7th Degree, a misdemeanor, with a sentence of only 10 months in local jail.

In People v. S.J., the client was accused of raping a woman and faced up to 25 years in prison if convicted.

Mr. DeCarolis was hired at a late stage, just prior to trial, however, he immediately conducted an extensive and vigorous investigation of the accuser. It was revealed that this was the fourth time the accuser had made rape allegations against someone and that the three prior instances had all been false. Mr. DeCarolis presented this compelling information to the District Attorney's Office and they quickly DROPPED ALL CHARGES against S.J. on the eve of the trial.

In People v. J.S., the client was accused of intentionally killing an individual with a handgun. Upon investigation it was quickly revealed that this was a clear case of justification as J.S. was acting in self-defense when he shot the gun.

Mr. DeCarolis assisted in preparing J.S. to testify before the Grand Jury. Ultimately the Grand Jury declined to pursue homicide charges of any kind against the client. The homicide charge was dismissed less than 2 weeks after J.S. was originally charged.

In People v. S.H., the client was accused of selling cocaine out of his car to an undercover New York State Trooper. An eighteen-year veteran of the Narcotics Division identified S.H. as the individual from whom he had purchased the drugs.

Despite the Trooper's seemingly compelling testimony, Mr. DeCarolis' meticulous cross-examination highlighted numerous inconsistencies in the identification, and ultimately the jury found S.H. NOT GUILTY after barely an hour of deliberation.

In People v. R.C., the client and two other individuals were charged with Unlawful Speed Contest and Speeding (100 mph in a 35) for racing down Ridge Road in Greece, NY around midnight.

After negotiating with the D.A. and the Judge, the misdemeanor for racing was DROPPED, the client pled to a 54 in a 35 and his license was saved as well.

In People v. P.W., the client was charged with two Petit Larcenies for stealing from home improvement centers. The client also had an extensive criminal history and, if convicted, faced up to two years in Monroe County Jail.

Through negotiations with the District Attorney's Office, the client entered a drug treatment program and was given a REDUCTION to two Disorderly Conducts with merely a $100 fine.

In People v. D.F., the client was charged in her seventh shoplifting case in 10 years and was caught in possession of over $400 of stolen merchandise.

After negotiations with the D.A. and the Judge, the client was allowed to plead to a DISORDERLY CONDUCT and avoid jail.

In People v. J.L., the client and four co-defendants were charged with stealing $15,000 worth of copper. 

After a brief investigation and several rounds of negotiations with the District Attorney's Office, the client was offered a non-criminal disposition of a DISORDERLY CONDUCT and was forced to pay restitution of $2,636.

After an investigation by the defense, it became clear that the alleged victim had made up the story to hide her own bad actions from her mother and the police. After requesting that the D.A. put two defense witnesses into the Grand Jury, the prosecution DISMISSED the CASE and the client was released from custody.

After conducting an extensive investigation and interviewing over a dozen witnesses, it became clear that this was a case of self-defense. During the trial several of the prosecution's own witnesses testified to the defense's theory of self-defense. After an eight-day bench trial, D.V. was found NOT GUILTY OF MURDER AND ALL LESSER INCLUDED OFFENSES.

In People v. L.S., the client was charged, along with 18 other defendants, in a state-wide drug conspiracy. He was alleged by the NYS Attorney's Office to be one of the principle players in the criminal enterprise and was facing up to 50 years in prison...

Ultimately, after significant litigation and negotiation with the prosecutor, L.S. was offered a REDUCED PLEA of five years in prison and admittance into "shock camp" immediately. He will be released upon successful completion of that program (about one-and-a-half years from the time of his sentencing).

After a one-day bench trial, he was found NOT GUILTY.

The client faced up to a decade in prison, but received a sentence of only 12 months in jail based on an agreement with the U.S. Attorney and good advocacy at the time of sentencing.

After filing motions, the prosecution was prevented from presenting certain evidence at trial. As a result, the prosecution was unable to present their case, and it was DISMISSED.

At the hearing the test was thrown out and the officer's credibility was called into question. A few months later at trial, the officer's testimony varied so much from the hearing that the Judge found the client NOT GUILTY on ALL of the CHARGES, even the speeding. His license was reinstated immediately.

After two pre-trial conferences with the Judge and the District Attorney's Office, the client pled to Disorderly Conduct (a reduction from a misdemeanor to a violation) and received 40 hours of community service.

After negotiations with the Judge, the District Attorney's Office, and the Probation Department, the client was allowed to plead to a misdemeanor with $240 in restitution and was restored to probation on the original charge.

If convicted, the client faced a mandatory state prison sentence of three to nine years. After negotiations with the D.A., the client was allowed to plead to a REDUCED charge of Criminal Possession of a Controlled Substance 5th Degree, an E felony, with time served (60 days).

After negotiations, the client pled guilty to a REDUCED charge of Criminal Possession of a Controlled Substance 7th Degree, a misdemeanor, a received a sentence of "time served" for the seven days the client was held.

The initial offer was a plea to the top charge with 90 days in jail. After discussions with the Judge and the District Attorney's Office, the client pled guilty to a REDUCED charge of Attempted Criminal Possession of a Controlled Substance 7th Degree, received no jail time and only one year of probation.

Through cooperation with the New York State Police, the client made restitution and WAS NEVER EVEN CHARGED by the District Attorney's Office. Further, the client was able to return to the same job.

The CASE was DISMISSED at the first appearance because of a defective accusatory instrument.

After talks with the District Attorney's Office, the client was offered a REDUCTION to a DWAI.

After extensive discussions with the District Attorney's Office, the offer remained Assault 3rd Degree, but sentencing was left up to the Judge. After preparing a detailed sentencing report containing the client's background and an explanation of circumstances surrounding the incident, the Judge sentenced D.B. to 64 hours of community service, with no jail or probation.

After negotiations, the client plead to a REDUCED charge of a violation (not considered a crime) and 64 hours of community service.

After extensive discussions with the District Attorney's Office, the client was offered a REDUCTION to a DWAI.

After negotiations with the D.A., the charge was REDUCED to a misdemeanor with a conditional discharge, and 32 hours of community service.

At trial, the videotape was excluded for evidentiary problems, leaving only the security guard's testimony. Upon cross-examination, it became clear that the guard had limited recollection of the events and his testimony was unclear. The client was found NOT GUILTY.

After a three-day jury trial, A.A. was found NOT GUILTY.

After an extensive investigation uncovered several major areas of weakness in the case, negotiations with the District Attorney's Office resulted in a deal where the client plead guilty to two D felonies and received four years in prison.

The client pled guilty to the lesser charge of DWAI (a violation, not a crime), received the minimum fine of $300 and never lost driving privileges.

A resolution was negotiated where the client avoided both serious punishments and was given a REDUCTION to an Adjournment in Contemplation of Dismissal with 24 hours of community service.

After three months of drug counseling, the client was offered a REDUCED PLEA to a Disorderly Conduct with no community service or even a fine.

The client faced one to nine years in state prison if convicted of the top charge. After lengthy negotiations with the District Attorney's Office, the client was offered a REDUCED plea to a Trespass with a sentence of 20 hours of community service.

After talks with the District Attorney's Office, the client pled guilty to a REDUCED charge of Criminal Possession of a Controlled Substance 5th Degree, a class D felony instead. He avoided prison and was sentenced to 60 days of electronic home monitoring and five years of probation.