Criminal Defense

Our legal system’s precept of “innocent until proven guilty” is small personal comfort if you are charged with a crime.

The system’s machinery has little regard and even less pity for individuals who fail to defend their rights with tenacity, skill and intelligence.

Twenty years trial experience, unwavering commitment to our clients; a reputation earned one individual at a time. At MG, liberty is personal.

Drugs Possession / Sale

MG client accused of possession of 3 kilos of cocaine

Possessory Counts:
e.g. Penal Law 220.21
(A1 Felony)

§ 220.21 Criminal Possession Of A Controlled Substance First Degree while riding in the rear seat of a vehicle. MG challenged the police officer’s stop of the vehicle on unconstitutional grounds, arguing that the police had no probable cause to pull the car over and did so for illegal reasons. Motion to suppress the drug charges granted.

MG result: Case dismissed. Life sentence avoided.

MG client accused of drug sale to undercover police officer

e.g. Penal Law 220.39
(B Felony)

§ 220.39 Criminal Sale Of A Controlled Substance – Third Degree; faces 12 – 25 years in State Prison. On trial cross-examination, MG discredits undercover officer, argues that client was himself a user of drugs, but not a drug seller.

MG result: Jury acquittal; client went home with his family.

D.W.I.

MG client charged with DWI

Vehicle & Traffic Law (VTL)
Section 1192

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. for running toll booth and “smelling of alcohol.” Breathalyzer more than twice the legal limit. MG introduced video taken at the precinct in which the client appeared sober. Jury rejected breathalyzer results.

MG result: Client found Not Guilty at trial.

MSG client accused of DWI

Vehicle & Traffic Law (VTL)
Section 1192

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. coming home from a work related celebration. Client blew a .26 on the breathalyzer. MG filed motion on the ground that the client’s speedy trial rights were violated.

MG result: Case Dismissed. No suspension of license. No mandatory classes. No fines. Vehicle returned to the client.

Weapons Possession

MG client charged with tossing a gun to the ground

Criminal Code:
e.g. Penal Law 265.02
(D Felony)

§ 265.02 Criminal Possession Of A Weapon In The Third Degree while pursued by police breaking up a street “craps” game. On trial cross-examination, MG shows police testimony is not credible; jury determines that officers had “flaked” with the weapon.

MG result: Client acquitted.

MG client accused of selling illegal weapons

Criminal Code:
e.g. Penal Law 265.02
(D Felony)

§ 265.02 Criminal Possession Of A Weapon In The Third Degree from his storefront.

MG result: ADA is convinced by MG to reduce charges to non-criminal “disorderly conduct” in a favorable plea bargain. Immigration issues resolved in favor of client.

Theft / Larceny

MG client charged with $350,000 embezzlement

Criminal Code:
e.g. Penal Law 155.40
(C Felony)
§ 155.40 Grand Larceny In The Second Degree (Extortion)

from employer. MG negotiated the case, preparing an extensive social report detailing client’s accomplishments and standing in the community.

MG result: 90 days in jail and repayment of $50,000.

MG client accused of receiving significant and illegal benefits

Criminal Code:
e.g. Penal Law 155.40
(C Felony)

§ 155.40 Grand Larceny In The Second Degree (Extortion) from the City and State following September 11 2001 disaster.

MG result: Jury acquits client of all felony charges. MG obtains misdemeanor verdict and a sentence of probation.

Robbery

MG client accused of gunpoint robbery

Criminal Code:
e.g. Penal Law 160.15
(B Felony)

§ 160.15 Robbery In The First Degree (Dangerous Instrument) in the subway. Client on parole and categorized as a “mandatory persistent violent felon” facing 25 years to life in State Prison. MG convinced a jury that the complainant may have been intoxicated, lacked credibility and the identification of our client was flawed.

MG result: Trial Verdict of not guilty. Life sentence avoided.

Assault

MG client accused of point-blank shooting

Criminal Code:
e.g. Penal Law 110/125.00
(B Violent Felony)

§ 110/125.00 Attempted Homicide of rival neighbor. Separate gun found at client’s apartment. MG exposed complaining witness as biased and incredible.

MG result: Not guilty verdict to charges of Assault in the First Degree and Attempted Murder.

MG client accused of assaulting man with baseball bat

Criminal Code:
e.g. Penal Law 120.10
(B Felony)

§ 120.10 Assault In The First Degree. MG convinced the jury that (despite the victim’s injuries) client did not start altercation and was acting in self defense.

MG result: Not guilty on all charges.

Sex Offenses

MG client charged with sexually molesting his daughter’s friend

Criminal Code:
e.g. Penal Law 130.30
(D Felony)

§ 130.30 Rape In The Second Degree after slipping something into her drink, rendering her unconscious. MG showed that complainant lacked credibility and that physical evidence did not substantiate her claims.

MG result: Client fully exonerated.

MG client charged with molesting his young female cousin

Criminal Code:
e.g. Penal Law 130.45
(D Felony)

§ 130.45 Criminal Sexual Act In The Second Degree. MG lost in a bench trial, but took convicting judge to Appeals Court.

MG result: Overturned conviction on appeal. Case dismissed.

Matthew D. Myers has more than 20 years of experience defending criminal cases in State and Federal courts. He has tried more than 100 cases to verdict and has a proven track record of success. A “lawyer’s lawyer”, Matt has a peerless reputation as a trial lawyer and been retained on a host of high profile publicity cases, including the first “BOSTON BOMBING Trial” in July 2014. To learn more about Matt, click on the following link:

Myers & Galiardo LLP

Myers & Galiardo LLP