PRACTICE AREAS AND COURT INFORMATION
New York State Criminal Court
The New York State Criminal Court handles misdemeanors (crimes punishable by fine or imprisonment of up to one year) and lesser offenses. The Criminal Court also conducts arraignments and preliminary hearings for felonies (crimes punishable by imprisonment of more than one year). Each county in New York City has a Criminal Court in which these types of crimes are prosecuted. In Rockland County, these offenses are typically handled in the Town Court that has jurisdiction over the matter.
Mr. Donatiello has significant experience handling cases in the New York Criminal Courts including:
Assault (P.L. 120.00(1)), Harassment (P.L. 240.26), Possession of Marijuana (P.L. 221.05 & 221.10), Possession of Controlled Dangerous Substances (P.L. 220.03), Possession of a Weapon (P.L. 265.01),
Theft of Services (P.L. 165.15), Petit Larceny (P.L. 155.25), Possession of Stolen Property (P.L. 165.45).
Mr. Donatiello also has experience in handling serious offenses resulting from the operation of a motor vehicle. These offenses are prosecuted in the New York Criminal Courts and are not only considered motor vehicle offenses, but may also result in criminal charges. These offenses include: Driving While Intoxicated (VTL 1192), Operation with a Suspended license (VTL 511), Driving without a License (VTL 509), and Leaving the Scene of an Accident (VTL 600).
New Jersey Municipal Court
The Municipal Courts in New Jersey are considered courts of limited jurisdiction, having responsibility for motor vehicle offenses (for example, driving while intoxicated or driving while suspended), parking tickets, minor criminal-type offenses (for example, simple assault and bad checks), municipal ordinance offenses (such as dog barking or building code violations), and other offenses, such as fish and game violations.
A Municipal Court usually has jurisdiction only over cases that occur within the boundaries of its municipality. Many serious criminal cases, such as robbery, auto theft, or assault, start out as complaints filed in the Municipal Court but are then transferred to the Superior Court located at the county courthouse.
Each municipality in the State has a municipal court that handles cases which occurred within that town. For more information about the municipal court that you are facing charges in, please click the link below for the addresses of New Jersey Municipal Courts.
Mr. Donatiello represents clients charged with crimes and motor vehicle offenses in Municipal Courts throughout the State of New Jersey.
Typically, his clients are charged with offenses such as:
-Driving While Intoxicated (N.J.S.A. 39:4-50)
-Refusal to Provide a Breath Sample (N.J.S.A. 39:4-50.2)
-Possession of Controlled Dangerous Substance, (N.J.S.A. 2C:35-10)
-Assault (N.J.S.A. 2C:12-1a)
-Harassment (N.J.S.A. 2C:33-4)
-Possession of a Weapon (N.J.S.A. 2C:39-2 through 16)
-Driving While Suspended (N.J.S.A. 39:3-40)
-Careless/Reckless Driving (N.J.S.A. 39:4-96/97)
-Speeding (N.J.S.A. 39:4-98).
New Jersey Superior Court
The Superior Courts in New Jersey manage criminal complaints from the time they are lodged to their resolution or disposition. The defendant is charged with an offense as a result of a formal complaint issued by a law enforcement agent or a citizen who believes an offense has been committed against their person or property. It can also result from an indictment by a panel of citizens gathered to consider evidence, called a grand jury.
Criminal offenses are handled in the Superior Court and are more serious than non-criminal charges heard in the Municipal Courts (see above). Defendants found guilty of crimes face more serious consequences, with punishments such as probation supervision, fines, and imprisonment for a year or more.
Cases handled at the Superior Court level are classified by degree. Degrees range from First to Fourth degree offenses. A First degree crime carries the potential penalty of 10-20 years in prison. A Second degree crime carries a potential penalty of 5-10 years. Defendants who are convicted of First and Second degree crimes face a presumptive term of incarceration. This means that it is assumed that they will be sentenced to serve time in prison. A Third degree crime may result in 3-5 years if convicted, while Fourth degree crimes carry a potential penalty of up to 18 months in jail.