John R. Fink

The Stakes:

State prison exposure, a felony conviction, and restitution exceeding one million dollars.

The Strategy:

Defense counsel litigated pretrial motions, reviewed extensive discovery and grand jury materials, negotiated complex restitution arrangements, coordinated asset liquidation, and maintained ongoing compliance reporting to the court.

The Stakes:

The client faced a felony DWI conviction carrying potential incarceration, a permanent felony record, significant fines, license revocation, ignition interlock requirements, and serious employment consequences, including risk to his position with Customs and Border Protection.

The Strategy:

Defense counsel conducted a detailed review of body-worn camera footage and identified evidentiary weaknesses, including lack of direct observation of driving and potential Miranda issues. Counsel engaged in early and ongoing negotiations with the Assistant District Attorney, highlighting suppression issues and the risk of losing key statements. A hardship hearing was successfully secured, allowing the client to obtain a conditional license to continue working. Counsel negotiated to reduce the felony exposure and structured a resolution that minimized criminal and employment consequences while ensuring compliance with required programs (VIP/MADD, IDP, and OSASA evaluation).

The Stakes:

The client faced a Class A misdemeanor domestic violence charge carrying potential jail exposure, probation, a criminal record, a full stay-away order of protection (FOOP), and possible immigration consequences due to lawful permanent resident status.

The Strategy:

Defense counsel immediately assessed immigration implications and the impact of a domestic violence conviction. Counsel secured a non-prosecution affidavit from the complainant and conducted a Crawford hearing in court. Although the complainant did not wish to proceed, the prosecution declined early dismissal under domestic violence policy. Counsel strategically monitored and tracked speedy trial time (CPL §30.30), ensured time was charged appropriately to the prosecution, and positioned the case for dismissal once statutory time expired.

The Stakes:

The client faced a domestic violence–related simple assault charge arising from a dispute with her husband. A conviction could have resulted in fines, probation, a criminal record, and serious immigration consequences due to her lawful permanent resident status.

The Strategy:

Defense counsel evaluated the immigration implications and emphasized the client’s lack of prior criminal history. Counsel engaged directly with the Domestic Violence Unit and advocated for a downgrade from Superior Court to Municipal Court. After the matter was transferred, counsel continued negotiations and positioned the case for dismissal, leveraging the minor nature of the allegations and the complainant’s lack of interest in pursuing charges.

The Stakes:

The client faced a Class A misdemeanor charge stemming from alleged violations of a restraining order. A conviction could have resulted in jail exposure, probation, a criminal record, and serious immigration consequences due to the client’s DACA status.

The Strategy:

Defense counsel assessed both the criminal and immigration implications and entered a plea of not guilty at arraignment. Counsel monitored the prosecution’s compliance with discovery obligations and Certificate of Compliance (CoC) requirements. When the prosecution failed to convert the complaint and did not file a valid CoC within the statutory timeframe, counsel tracked includable time under CPL §30.30 and positioned the case for dismissal once the speedy trial period expired.

The Stakes:

The client faced multiple misdemeanor charges, including unlawful fleeing, which carried potential jail exposure, probation, fines, and a criminal record. A conviction also posed serious professional consequences, as the client had recently obtained his Commercial Driver’s License (CDL) and risked losing his ability to work.

The Strategy:

Defense counsel reviewed audio and paper discovery, identifying significant identification issues. Law enforcement relied largely on vehicle registration information and anonymous calls, with no clear visual identification of the driver. Counsel prepared to challenge the sufficiency of the prosecution’s evidence and leveraged those weaknesses in negotiations. Despite the client’s prior record and an open out-of-state matter, counsel negotiated a reduction designed to avoid a criminal conviction and protect the client’s CDL.

The Stakes:

The client faced extremely serious felony allegations carrying potential lengthy prison exposure, mandatory sex offender registration, immigration consequences, and a permanent felony record.

The Strategy:

Defense counsel secured the client’s release on bail, challenged the prosecution’s progress through the grand jury process, and gathered evidence supporting the prior consensual relationship between the client and complainant. Counsel continuously monitored the prosecution’s failure to timely indict and maintained pressure for dismissal based on speedy trial violations.