PRACTICE AREA

Criminal Defense

If you have been arrested, we have your back.

A former criminal prosecutor in Nassau County, and selected as a Top 40 Under 40 Criminal Defense Trial Attorney by National Trial Lawyers, Dan Johnston is the attorney you need when you have been charged with a crime. Dan will give you honest, practical advice about your circumstances, and devise a defense strategy in your best interest. Whether it is negotiating a plea deal, pursuing dismissal by motion, or taking the case to trial, Dan has the experience and skill to get you past a hard situation and on with your life.

All criminal matters are handled by transparent flat fee and/or per appearance arrangements. You will never be hit with surprise legal fees. We focus on winning your case – not nickel and diming you.

Case Studies

Recent Complete Dismissals

With a client facing a charge of menacing with a firearm (and was being held to the charge, with no plea offer, and the prosecutor seeking the maximum sentence), we challenged the sufficiency of the charging instrument with a motion to dismiss. We delved deep into the “display” element of Penal Law § 120.14, and provided case law to the judge on prior cases which showed that mere presence of a firearm in the vicinity while a threat is made does not satisfy the elements of the crime. The judge agreed, and the case was dismissed. Prior to the dismissal, we also had statements made by the defendant to the police suppressed (prosecutor could not use at trial) after winning a hearing where no probable cause was established for the initial arrest of the client.

With a client facing assault with a weapon charges, we used data from Uber and phone records to establish that my client could not have been at the scene when the assault occurred. We further challenged that the prosecution had failed to make their accusatory instrument sufficient within speedy trial limits, as they failed to properly include the purported victim’s supporting deposition. The District Attorney voluntarily dismissed.

In a DWI matter involving an accident, my client was charged with leaving the scene of an accident with property damage. We made a motion to dismiss the leaving the scene charge, as the charging papers failed to properly document the property damage and did not meet the elements of the crime. The leaving the scene charge was dismissed.

A client was charged with drug possession and various traffic tickets during the summer, just before the school year starting. She would not have been able to present for work with the charges pending. My office investigated the officers and the facts of the arrest, and discovered serious causes for concern regarding its legality. We presented our concerns to the District Attorneys office, who voluntarily dismissed the entire docket.

With a client facing a shoplifting charge, we challenged the sufficiency of the charging instrument with a motion to dismiss. We contended that since the police never conducted an identification procedure with the manager of the store making the complaint, any statements the manager made in the complaint which identified my client had to be thrown out. The judge agreed – and without those statements of the manager, the complaint did not meet the elements of the crime charged. The case was dismissed.

Big Reductions

Client charged with assault reduced to a charge of disorderly conduct (non-criminal violation).

Multiple clients with drug charges reduced to charges of disorderly conduct (non-criminal violation).

Multiple clients with drug charges granted adjournments in contemplation of dismissal (stay out of trouble for either 6 or 12 months and case dismissed), including multiple cases where we were granted shortened ACOD periods as short as 1 day.

Client charged with thousands of dollars of trucking violations reduced to a $150 fine.

Multiple clients with misdemeanor Vehicle and Traffic Law violations reduced to 0-point, non-criminal violations.

Client charged with felony criminal contempt reduced to a disorderly conduct (non-criminal violation).

Resolved criminal matters for out of state clients without requiring them to return for court.

Cases we handle:

    • Marijuana Charges
    • Drug Charges
    • Assault Charges
    • Domestic Violence
    • DUI/DWI
    • All Misdemeanor Charges
    • Vehicle and Traffic Matters
      • Speeding/Suspended
      • Licence/Driving Without
      • Insurance
      • – Trucking/Transportation

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