NY Client Avoids Felony Conviction with ATI Program


New York City, NY - Criminal Court

Criminal Defense Attorney Marcia Payton of Riebling & Payton, PLLC appeared in the New York City Criminal Court to defend a client-facing felony charges including:

  • Forgery in the Second Degree (NY PL 170.10(1))
  • Identity Theft in the Second Degree (NY PL 190.79(1))
  • Grand Larceny in the Fourth Degree (NY PL 155.30(4))
  • Identity Theft in the Third Degree (NY PL 190.78(1))

Fortunately for our client, Ms. Payton quickly intervened and proactively worked to help the client avoid a felony conviction and any jail time. In fact, she successfully negotiated a disposition where the client was able to enter one of New York’s Alternative to Incarceration Programs (ATI). Given the severity of the criminal charges and the underlying allegations, this positive result was not easily achieved. Ms. Payton worked tirelessly to convince the lead prosecutor, the supervising ADA and the Assistant District Attorneys overseeing the ATI Program to allow the client to enter the program.

New York's Alternative to Incarceration (ATI) Programs

The Division of Probation and Correctional Alternatives (DPCA) funds and oversees a variety of pretrial services and correctional alternative programs throughout New York State, often referred to as “Alternative to Incarceration” or ATI programs. These programs may fall under the authority of governmental or non-profit agencies. They operate in conjunction with the criminal justice system in all New York State counties and the City of New York.

Currently, there are approximately 165 ATI programs designed to reduce reliance on pretrial detention and/or incarceration and operate in a manner consistent with public safety. The following are examples of alternatives to detention and incarceration measures and programs in New York State:

  • Mental Illness Programs
  • Pretrial Services
  • TASC and Drug and Alcohol Programs
  • Specialized Programs
  • Community Service Programs
  • Defender Based Advocacy

Pretrial Services

Most counties in New York State have implemented a pretrial release service, either through programs offered by the county probation department or through a community-based organization, to avoid unnecessary detention of defendants who are unable to post bail.

TASC and Drug and Alcohol Programs

New York State's TASC (Treatment Accountability for Safer Communities) and other treatment programs, supported with state funding, offers treatment alternatives for defendants sixteen and older, facing a jail or prison sentence, who are non-violent and have indicators of problem(s) with alcohol or other drugs.

Criminal Defense Lawyers in New York City, NY

Riebling & Payton, PLLC are New York City Criminal Defense Lawyers who have the experience and dedication that you or your loved one needs on their side when facing criminal charges. Stephen Riebling is widely recognized for successfully defending some of the most complex criminal cases in Westchester County and has been repeatedly selected as a Super Lawyer in New York. Marcia Payton is a former New York County prosecutor who served in the prestigious Office of Special Narcotics where she oversaw the largest and most important criminal drug prosecutions and investigations. We utilize this vast experience and thorough understanding of police procedures and investigative tactics to provide you the best possible defense.

We have handled thousands of criminal cases, and have successfully reduced many violent felony charges to misdemeanors, or had them dismissed entirely. Our defense attorneys have also obtained countless “Not Guilty” verdicts in a variety of cases involving charges that would have resulted in sentences of years in prison. Most importantly, Stephen Riebling and Marcia Payton have successfully defended numerous criminal cases in the New York City Criminal Court.

If you have been contacted by the New York Police Department (NYPD), or if you have been arrested in New York City, contact our New York City Criminal Defense Attorneys and let us help you.

If you would like to schedule a free and confidential consultation, please contact our New York City criminal defense attorneys at (914) 712-6878.

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