Areas of Practice

 

Felonies

During his career of over thirty years, Scott Davis has represented thousands of clients charged with every level of felony including:

  • Murder

  • Robbery

  • Burglary

  • Grand Larceny

  • Assault

  • Criminal Possession/Sale of a Controlled Substance

  • Driving While Intoxicated (DWI) (DUI)

If you or your loved one has been charged with a felony, the most important thing to do is consult with an experienced criminal defense attorney. Scott Davis prides himself on providing straight talk when you need it most. He believes in establishing a relationship with his clients by educating them about the criminal justice process and providing candid advice in a respectful fashion.

 

Misdemeanors

During his career of over thirty years, Scott Davis has represented thousands of clients charged with misdemeanors, including:

  • Driving While Intoxicated (DWI) (DUI)

  • Assault in the Third Degree

  • Petit Larceny

  • Possession of a Controlled Substance in the Seventh Degree

  • Criminal Mischief

  • Criminal Possession of a Weapon

While misdemeanors are not as potentially severe as felonies, they are crimes nonetheless. You will have a criminal record if convicted.

It is important to understand that just being arrested (for a felony or misdemeanor) does not give you a conviction. You are only convicted by pleading guilty to a crime or are being found guilty of a crime after trial .

Scott Davis has successfully defended thousands of clients charged with misdemeanors. He appreciates the concerns of his clients and works hard to get the best result possible.

 

Vehicle and Traffic Law Offenses

Some of the most common Vehicle and Traffic Law offenses include:

  • Driving While Intoxicated (DWI/DUI)

  • Driving While Impaired (DWAI)

  • Speeding

  • Reckless Driving

  • Unlicensed Operation of a Motor Vehicle / Aggravated Unlicensed Operation

  • Failure to Stop for a School Bus

  • Failure to Obey a Stop Sign

It is important to understand under certain circumstances you can lose your privilege to drive, or have a criminal record as a result of being convicted. Some VTL convictions even require mandatory jail time.

It is always best to consult with an attorney to discuss the potential implications of the charges. Scott Davis has successfully resolved thousands of Vehicle and Traffic Law cases during his career spanning over thirty years.

 

Arranging Surrender to the Police

In many circumstances, a client will be contacted by the police requesting that they come down to the precinct to “talk.” What that usually means is that they are going to be arrested. It makes the police officers job much easier to have the person voluntarily come to the precinct to “talk” than to tell the person they are going to be arrested.

That’s where Scott Davis comes in . He will contact the officer and simply ask if the client is going to be arrested. Once the officer’s intention to arrest is confirmed, he will arrange for a surrender.

The value of arranging a surrender is that the client can prepare for it. Most importantly, the client will not be questioned by the police once they are aware that the client is represented by an attorney.

 

Arraignment

Once arrested, we keep track of the client through the process up to the point of appearing before the judge for arraignment. Usually it can takes anywhere between 12 and 24 hours from the time of surrender to appearing before the judge. We do our best to ensure that it goes as quickly as possible and keep loved ones up to date throughout.

When the client appears before the judge, we do our best to get the client released without bail. In some circumstances bail is inevitable. Based on his experience, Scott Davis is able to anticipate when that is going to occur, and he will discuss the various options with the client and family prior to the surrender in order to arrange for resources to be immediately available to secure bail.

 

Grand Jury

In order for a Felony to be prosecuted in Supreme or County Court, it must be presented to a Grand Jury.

A Grand Jury hears testimony and reviews evidence presented by the prosecution. They vote to determine whether the case should be indicted and sent to Supreme or County Court.

In certain circumstances it may be advantageous for a client to exercise his or her right to testify before the Grand Jury. If successful, the result may be dismissal of the case or lower charges.

The decision to testify before the grand jury should be carefully considered and discussed with the attorney. Scott Davis has advised and prepared many clients in this circumstance, resulting in cases being dismissed by the Grand Jury.

 

Motion Practice

One avenue of attacking the legal sufficiency of a case is through motion practice. Scott Davis has been successful for over thirty years in preparing and filing motions on behalf of his clients, attacking the legal sufficiency of the charges against them.

In some circumstances, a motion requesting hearings to determine the legality of the police conduct or the legal sufficiency of a search warrant can be made.

While no attorney should guarantee a particular result, Scott Davis consults with his clients regarding these motions and provides his incites into the strategy involved as well as the prospects for success.

 

Suppression Hearings

When a suppression hearing is granted it provides the defense attorney with a great opportunity to challenge the conduct of the police.

If the conduct of the police officer in question is determined to be unlawful, the judge suppresses the evidence, statement or identification that the prosecution seeks to use at trial.

In many instances suppression of evidence can have a devastating impact on the viability of the prosecution’s case.

 

Trial

Over ninety five percent of criminal cases are resolved one way or another without trial.

The decision to go to trial should be carefully considered after a complete discussion between client and attorney of all the foreseeable variables. Trial should always be the last resort. No matter how capable an attorney is, there is always a risk because you never know what a jury will do.

Having said that, If circumstance dictate that a trial necessary, you need experienced representation. Scott Davis has successfully represented many clients at trial, ranging from Vehicle and Traffic Law offenses and Misdemeanors to Felonies.