Scott E. Migden
Scott Migden
Phone: 718-878-3781
Office Location : 100 Garden City Plaza, Suite 518, Garden City, New York 11530
Scott E. Migden is just the attorney you need in your darkest hour, upon being arrested for a criminal offense. One of the first things Mr. Migden tells our clients is to “focus on what is in your control and let us focus on the rest.” Mr. Migden joined the Tsigler Law team as a highly experienced criminal defense attorney with a vast breadth of knowledge in litigating as a criminal lawyer in many venues.
Mr. Migden is a very strong advocate, quick on his feet, with experience handling all levels of misdemeanor and felony offenses, from shoplifting and driving while intoxicated to murder. Mr. Migden is known to be kind, full of energy, both analytical and creative, as well as have exceptional interpersonal skills. Mr. Migden is admitted to practice before all Courts of the State of New York, the United States District Courts of the Eastern and Southern Districts of New York State, as well as in the State of New Jersey.
Mr. Migden is a graduate of The Maurice A. Deane School of Law at Hofstra University. While at Hofstra, he was a member of the Hofstra Trial Advocacy Association and competed in seven interscholastic trial advocacy competitions across the country. He was a staff editor on the Family Court Review, and had his Note published in April of 2017, on the topic of raising Youthful Offender Eligibility.
Mr. Migden is a lifelong New Yorker who was born and raised on Long Island. When he is not advocating for clients and fighting for their rights in court, he enjoys staying active through sports including basketball, softball, pickleball, and tennis. He also enjoys dining out, spending time at the beach, and taking advantage of all that Long Island and New York have to offer.
Awards & Recognitions
- Super Lawyers Rising Stars (Top-Rated Criminal Defense Attorney) – 2019–2026
- Youngest attorney in the New York Metropolitan area to receive Super Lawyers Rising Stars distinction – 2019
Experience Overview
Mr. Migden has advocated in over 100 courts throughout New York and has helped secure dismissals or favorable resolutions in countless cases, including violent felony and Class A felony matters, while keeping clients informed and allowing them to focus on other aspects of their lives, such as school, work, and family.
Mr. Migden has extensive courtroom experience, successfully advocating for no cash bail at numerous criminal court arraignments, obtaining suppression of evidence at multiple pretrial hearings, and representing clients in multiple criminal trials.
Practice Areas
- New York Criminal Defense
- Federal Criminal Defense
- New Jersey Criminal Defense
- Immigration Law
Bar Admissions
- State of New Jersey; admitted 2024
- United States District Court, Eastern District of New York; admitted 2018
- United States District Court, Southern District of New York; ; admitted 2018
- State of New York; admitted 2017
Education
- Maurice A. Deane School of Law at Hofstra University
- Juris Doctor, 2017
- Hofstra Trial Advocacy Association
- Competed in seven interscholastic trial advocacy competitions nationwide
- Secretary of Staff (2016–2017)
- Senior Staff Editor (2015–2016)
- Staff Editor, Family Court Review
- Published Note: The Injustice of a Felony Conviction for Offenders Under Age Twenty-One: A New Option for the Courts to Save Our Youths’ Futures
Professional Memberships
- Nassau County Bar Association
Publications & Speaking Engagements
Family Court Review Volume 55, Issue 2: The Injustice of a Felony Conviction for Offenders Under Age Twenty-One: A New Option for the Courts to Save Our Youths’ Futures
Proven Results: 2026 Case Victories Handled by Scott E. Migden
| Case & Representation | Case Details & Strategy | Final Outcome |
|---|---|---|
Simple assault and harassment (municipal-level offenses) Municipal Court, Hoboken, New Jersey Timeline: ~4 Months | The Stakes: Fines, probation, and a permanent record, along with potential immigration consequences and complications in a related civil lawsuit. The client was also the victim in a related, more serious criminal matter arising from the same incident. The Strategy: Coordinated strategy across criminal, civil, and immigration considerations. Engaged in mediation, communicated directly with the prosecutor, ensured the client remained cooperative in the related victim case, worked closely with civil counsel to align dismissal strategy with the pending civil lawsuit, and protected the client’s immigration interests. Multiple court appearances and mediation sessions were handled. | Both municipal cases were dismissed and expunged. |
Petit larceny (shoplifting) Nassau County District Court, Hempstead, New York Timeline: ~2 Weeks | The Stakes: A misdemeanor theft charge that could have resulted in a criminal conviction, fines, probation, and a permanent record. The matter also posed potential employment complications, as the client had recently been laid off and was actively seeking new work. The Strategy: Prepared the client in advance for arraignment, addressed anxiety concerns, and strategically positioned the case for an Adjournment in Contemplation of Dismissal (ACOD). Emphasized the client’s lack of criminal history, long employment record, family stability, and the isolated nature of the incident. Ensured all procedural requirements were satisfied, coordinated fingerprint processing, and secured enrollment in the STOP Lift program. | An ACOD was granted at arraignment with a six-month adjournment period and completion of the STOP Lift program required. |
Criminal Possession of a Weapon in the Fourth Degree (Class A misdemeanor) Queens County Criminal Court, New York Timeline: ~3 Months | The Stakes: A misdemeanor weapon possession charge after an extendable baton was discovered in his backpack at JFK Airport. A conviction could have resulted in a criminal record, fines, possible probation, and serious immigration consequences due to his lawful permanent resident status. The Strategy: Immediately assessed the immigration implications and emphasized the client’s clean criminal history, age, medical conditions, and lawful permanent residency. Highlighted the non-violent nature of the conduct and the context—that the item had been purchased for personal safety while traveling abroad. Negotiated a diversionary resolution at arraignment designed to avoid a conviction and protect status. | A six-month Adjournment in Contemplation of Dismissal (ACOD) was granted at arraignment. |
Firearm-related offenses, including felony-level allegations involving unregistered weapons Nassau County Court, New York Timeline: ~10 Months | The Stakes: The client faced felony charges carrying potential state prison time and a permanent felony record, along with firearm forfeiture and significant legal consequences. The Strategy: Negotiated extensively with prosecutors, emphasizing mitigating factors and the client’s background. Secured a reduction from felony charges to a misdemeanor and advocated at sentencing for a reduced jail term, successfully persuading the court to impose a shorter sentence than originally agreed. | The client pled to a Class A misdemeanor and received a 3-month jail sentence, reduced from an initial 6-month commitment. |
Assault (domestic violence–related misdemeanor) Queens Criminal Court, New York Timeline: ~4 Months | The Stakes: The client faced misdemeanor assault charges stemming from a domestic dispute, with potential jail exposure, a criminal record, and professional consequences, including risk to her nursing license. The Strategy: Took over the case after prior representation, evaluated cross-complaint dynamics, and monitored the prosecution’s compliance with discovery and readiness requirements. Strategically tracked speedy trial time and positioned the case for dismissal. | The case was dismissed and sealed on speedy trial grounds. The order of protection was vacated. |
Multiple traffic violations (Traffic Violations Bureau) New York DMV Traffic Violations Bureau (virtual hearing) Timeline: ~1 Month | The Stakes: The client faced multiple traffic tickets that could have resulted in fines, points on her license, and potential license consequences. The Strategy: Investigated inconsistencies in the case, corrected a scheduling error involving multiple jurisdictions, and prepared the client for a virtual hearing. At the hearing, moved to dismiss based on the officer’s failure to appear and procedural defects in the tickets. | All tickets were dismissed within minutes of the hearing. |
Felony property-related charges (including allegations involving theft and property damage) Nassau County Criminal Court, New York Timeline: ~8–9 Months | The Stakes: The client faced felony charges with potential incarceration, a permanent criminal record, and barriers to employment opportunities, including pending applications. The Strategy: Negotiated a structured resolution requiring completion of an anger management program. Guided the client through compliance, maintained communication with the prosecution, and secured an agreement to vacate the misdemeanor plea upon successful completion. | After completing the program, the misdemeanor plea was vacated and the case was resolved as a non-criminal violation with a full dismissal and sealing. |
Petit larceny and related domestic violence allegations Kings County Criminal Court, Brooklyn, New York Timeline: ~3 Months | The Stakes: The client faced misdemeanor theft allegations tied to a domestic dispute, along with the possibility of probation, a criminal record, and an order of protection. The Strategy: Coordinated pre-charge representation, secured the client’s release without bail at arraignment, and closely monitored the prosecution’s failure to timely convert the case and file a valid Certificate of Compliance. Advised the client regarding related family court and divorce concerns. | The case was dismissed and sealed on speedy trial grounds, and the order of protection was vacated. |
Criminal possession of a weapon (felony gun possession case) Queens County Supreme Court, New York Timeline: ~5 Months | The Stakes: The client faced felony gun charges that could have resulted in prison time, a permanent felony record, loss of employment, and significant professional consequences due to her position with the Metropolitan Police Department in Washington, D.C. The Strategy: Immediately engaged with prosecutors, coordinated a proffer session, and presented evidence showing the firearm belonged to a co-defendant who had already taken responsibility for the weapon. Cooperated with DNA testing, pursued release of seized property, and emphasized the client’s law enforcement background and lack of criminal history while pushing for dismissal or a non-criminal resolution. | The client resolved the case with a plea to Disorderly Conduct, a non-criminal violation, and the matter was sealed. |
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