Blog Posts

Coming Reforms to New York’s Criminal Justice System

The New York State legislature recently passed sweeping reforms to the operation of the state’s criminal justice system. Those reforms, which become effective in January 2020, will profoundly transform how criminal cases are litigated in the state. Among other things, cash bail has been eliminated…

Topic: Criminal Defense

What is a Nebbia Hearing?

A Nebbia hearing is an important part of the federal criminal justice process. If you have been arrested and charged with a federal crime, you will need to post bail to remain free while your case makes its way through the system. A Nebbia hearing,…

Topic: Criminal Defense

Press & Publications

Detroit Free Press

Federal Sentences and the Stacking of § 924(c) Charges

Attorney Harlan Protass co-authored a piece with a federal inmate about the effects of stacking § 924(c) charges.

Case Results

Non-Criminal Disposition of Domestic Violence Charges

An executive at a Wall Street bank was alleged to have assaulted his girlfriend by pushing her into a closet – relatively straightforward charges that were complicated because he had been charged with assaulting the same girlfriend less than six months earlier and had violated the Order of Protection that was issued when he resolved those prior charges.

Prosecutors initially sought a misdemeanor plea because it was his second offense involving the same girlfriend. Wanting to avoid the collateral consequences of such a conviction, which could have derailed his lucrative career, that executive sought out New York criminal defense attorney Harlan Protass for help. At his client’s request, Attorney Protass put together a package of out-of-court remedial measures (private therapy for impulse control and counseling for alcohol abuse) that gave the Manhattan District Attorney’s Office comfort that his client was serious about making changes and assuring that no further incidents would occur, thereby paving the way for a non-criminal disposition of the new charges – that is, through a guilty plea to disorderly conduct, which is a violation, not a crime, under New York Law.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Protass Law PLLC Clients Avoid Decades in Prison and Preserve Millions in Assets

A husband and wife who operated IDTFs (Independent Diagnostic Testing Facilities) were recently charged in state and federal court for having operated a large-scale Medicaid fraud, submitting more than $42 million in fraudulent claims for various diagnostic tests (sonograms, neurological tests, and other diagnostic exams). If convicted, they faced decades in prison and the loss of tens of millions of dollars in assets. So they reached out to Protass Law PLLC for help.

NYC criminal defense attorney Harlan Protass was retained as counsel, and immediately got to work on the case. With experience in both New York state courts and the federal criminal justice system, attorney Protass negotiated aggressively on behalf of his clients, who sought to both minimize the risk of long prison sentences and protect their assets from the government’s reach. After leaving nothing on the table during negotiations, attorney Protass reached a pre-trial disposition involving principally four or five years – total – in prison and the forfeiture of $7 million of assets, thereby preserving more than $10 million in client assets.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.