Albany, New York Criminal Defense Attorney

PictureIf you have been accused of a crime, don’t let the prosecution push you into an unfair deal.  Stand up for your rights, and hire a dedicated criminal defense attorney who will let the prosecution know that you mean business.  The Law Office of William Fanciullo has many years of experience defending clients against criminal charges, providing aggressive representation with proven results.  Nothing is more important than your freedom.  If you need a defense attorney who is dedicated to your case, contact the Law Office of William Fanciullo today.

Ensuring a valiant fight for your freedom

Attorney Bill Fanciullo is devoted to protecting clients’ freedom.  He challenges the prosecution to prove its case and does everything legitimately possible to eliminate or reduce any potential sentence. He knows that witnesses may lie on the stand, that crime scenes can be tampered with, and that police officers can make mistakes.  Bill Fanciullo personally speaks with witnesses when able – to ensure they are telling the whole truth.  He may examine the alleged crime scene, searching for evidence and arguments that can help prove your innocence.  He also reviews and scrutinizes the evidence and police records and reports, and may bring in experts to challenge the prosecution’s theories, when appropriate.

Criminal prosecution is an adversarial process.  More and more wrongful convictions are being brought to light.  Among other things, the accused is entitled to discovery of certain information in a criminal case.  The prosecution may resist such demands, and, indeed, may counter them with “he knows what he did,” as though the defendant is requesting something he is not entitled to.  That is wrong.  The defendant is presumed innocent; and the prosecution has–throughout the proceeding–the burden of proving guilt beyond a reasonable doubt.

Representing clients for more than 36 years
The Law Office of William Fanciullo represents clients in all criminal matters, including:

Felonies
If you have been charged with a felony, it is essential that you have an experienced criminal defense attorney to zealously defend you in court.  Felonies are extremely serious crimes — murder, rape, armed robbery, burglary, white collar crime, fraud, corruption, tax, criminal immigration offenses (e.g., harboring illegal aliens), to name but a few examples — and have serious consequences:  maximum penalties exceeding one year (by definition).  A convicted felon may be sentenced to serve years in a state or federal prison, and may be committed for life.  In addition, there may be collateral consequences:  convicted felons may be stripped of many of the rights guaranteed to American citizens, including the right to vote, the right to travel out of the country and the right to own a gun.  Convicted felons may also have to disclose their crimes on job applications, and can be removed / deported if they are not American citizens.  How you handle a felony charge can make the difference between life and death. The Law Office of William Fanciullo has more than 36 years of experience handling felony charges, and will work to attain the best possible result for you.

Misdemeanors
Misdemeanors are crimes punishable by one year or less in jail.  Although misdemeanors are less serious than felonies, having a misdemeanor conviction on your record can limit your employment options and require you to spend time in jail, among other repercussions.  Bill Fanciullo can represent you and ensure that you receive a fair trial.  Incredibly, some misdemeanor convictions can result in deportation / removal for non-citizens.

The “collateral consequences” of an offense are sometimes of more concern to an accused than the criminal penalties.

Drug crimes
Being charged with trafficking, distributing or possessing illegal controlled substances can result in heavy fines, forfeitures and extended time in jail.  Forfeiture of assets is a real, indeed common, possibility.  Bill Fanciullo can work to eliminate or minimize the charges against you, and the penalties.

Corruption
This category may include alleged political corruption, bribery, false statements, extortion, embezzlement, etc.

Conspiracy
Multiple parties may allegedly agree to commit a criminal act.  This agreement is a second, potentially additional alleged crime, because it is perceived that multiple parties joining together can commit more serious alleged crimes.   There are many intricacies of conspiracy law.

Sexual offenses
Rape, sexual assault and pornography-type offenses are often among the hardest cases for defendants to win.  And the penalties can be quite severe, including jail, fines, restitution and sex offender registration.  Bill Fanciullo has the experience and skills to handle these cases.

Innumerable Others
The crimes mentioned above above are just a few examples.  In fact, there are a vast number of crimes, in the federal and state jurisdictions.  Bill Fanciullo has been actively working in the area of criminal defense and helping people for many years.  He will assess any case against you, ascertain what should be done, and, with you, decide on the course of action.

Charge avoidance
Oftentimes the authorities are investigating offenses and the government decision concerning the client could go either way.  Mr. Fanciullo also represents persons and entities involved in government investigations, including those targeted by investigative agencies, as well as those considered subjects and/or witnesses.   Bill Fanciullo can assert the client’s rights, including any available privileges, and seek the most favorable outcome.  He will address issues concerning the Fifth Amendment, the right to counsel, search warrants, subpoenas, and other investigative methods and tools.  Oftentimes “charge avoidance” is the goal in such pre-charge situations.

Federal Sentencing Guidelines – Sentencing
The advisory sentencing guidelines are key in federal sentencings.  Bill Fanciullo was a federal prosecutor when the (then mandatory) guidelines went into effect (1987).  In fact, he was chosen to learn them from the “train the trainers” perspective, which he did, and he has kept up with their continually evolving nature since.  He was chosen to chair a day-long seminar on the guidelines for the New York State Bar Association.  The guidelines are intricate and remain vitally important.

Sentencing is many faceted, potentially involving sanctions including incarceration, fines, forfeitures, restitution, supervised release, probation, parole, and mandatory fees.

One aspect of sentencing that is frequently glossed over by some is that of restitution.  The federal government’s efforts to collect money have increased over the years, and are expected to continue to do so.  Restitution can result in a judgment, liens and even garnishing of social security.  It is an area requiring detailed analysis.

Bill Fanciullo – General
With over 36 years as an attorney including over 10 years as a federal prosecutor, there have been many clients, many criminal cases.  There has been extensive experience in court, including, and with a career emphasizing, federal court.  Drug cases, tax cases, financial crimes, bank robbery, fraud, political corruption, conspiracy,  pornography and sex crimes; cases involving electronic surveillance, search warrants, warrantless searches, alleged confessions, fingerprints, handwriting analysis, ink analysis, scientific evidence, et cetera.  There have been many motions:  for suppression of allegedly illegally seized physical evidence and alleged confessions, for discovery, for bills of particulars, for dismissal due to speedy trial violations, to dismiss defective charges, to address alleged grand jury abuse, etc.  There have been many hearings, trials, appeals.  In rare instances–where appropriate–federal interlocutory appeal and mandamus have been sought.  Countless negotiations have been engaged in.

A relatively recent case involved representation of a restaurant owner indicted for alleged tax violations, hiring illegal aliens, money laundering and harboring and transporting illegal aliens.  Motions to suppress seizures and statements were made.  A defense pretrial motion resulted in numerous pretrial seizure warrants being vacated.  A negotiated plea was worked out.  Accounting experts were hired and close coordination with immigration counsel was accomplished.  Another case involved representation of a truck driver indicted for allegedly transporting unreported cash on an international trip.  This case went to trial and the driver was found not guilty.  In another case – representing a union president – no charges were brought; likewise for a stock broker.  Other criminal cases include defense of an individual indicted for alleged “honest services” mail and wire fraud, criminal immigration cases, bribery, and many others.

There is a current federal prosecutorial trend concerning the construction industry and government contracting, including alleged MBE / WBE / DBE fraud.  These can be, in effect, three cases at once – criminal, civil (False Claims Act) and administrative (suspension / debarment).  This complex area–not limited to this one example–is known as “parallel proceedings.”  Bill Fanciullo is experienced in this area as well.  New York State has its own False Claims Act, which can also result in severe repurcussions.  False Claims Act cases alone are ostensibly civil, allowing treble damages plus potentially large penalties, but are often accompanied by at least the threat of criminal prosecution and suspension / debarment.

These are a limited number of examples.  All of the cases and types of cases cannot be listed.  Mr. Fanciullo assesses allegations, ascertains the facts to the extent possible, assesses the law, examines the needs of the client and of the case and provides experienced and knowledgeable representation.  There may be a need for trial, for motions, for an appeal:  all of these can be handled.  Subpoenas, negotiations with prosecutors regarding status–subject, target, witness, immunity–all of these can be handled.

The Law Office of William Fanciullo is located in Albany and represents clients throughout New York State and the national federal system.

  • The National Trial Lawyers