What should I do if I am arrested in Buffalo, NY?

Exercise your right to remain silent and request an attorney immediately. Do not provide a statement to the police without legal representation present.

What is the difference between a felony and a misdemeanor in New York?

Misdemeanors are less serious crimes punishable by up to one year in jail. Felonies are serious offenses that carry potential prison sentences of more than one year.

Can a DWI charge be reduced in Erie County?

In some cases, a DWI charge can be reduced to a DWAI (Driving While Ability Impaired) through negotiation, depending on the facts and the driver's history.

What is Leandra's Law?

Leandra's Law makes it an automatic felony to drive drunk with a child under the age of 16 in the vehicle, even for a first-time offense.

Do I need a lawyer for a traffic ticket in Cheektowaga?

While not required, an attorney can help you avoid points on your license, prevent insurance hikes, and potentially get the ticket dismissed or reduced.

What happens if I refuse a breathalyzer test in NY?

Refusing a breathalyzer results in an automatic administrative suspension of your driver's license by the DMV, regardless of the criminal case outcome.

Can my criminal record be sealed in New York?

New York law allows for the sealing of certain convictions after a 10-year period, provided the individual has met specific eligibility requirements.

Will I go to jail for a first-time misdemeanor?

Jail is possible but often avoided for first-time offenders through plea negotiations, community service, or probation programs.

What is a '341 hearing' in criminal court?

Note: A 341 hearing is actually a bankruptcy term. In criminal court, your first appearance is typically an Arraignment where charges are read.

How much does a criminal defense lawyer cost?

Fees vary based on the severity of the charges (felony vs. misdemeanor). Our office offers free consultations and affordable payment plans.

Buffalo Criminal Defense Lawyer

Experienced Defense for Felonies, Misdemeanors, and DWI Cases

– Our Criminal Defense Legal Services –

Home – Criminal Defense

Criminal charges are among the most serious and stressful legal matters anyone can face. Whether you have been arrested for a misdemeanor, accused of a felony, charged with DWI, or are under investigation, having an experienced Buffalo criminal defense lawyer on your side can make a powerful difference. These cases often involve high stakes, strict deadlines, and decisions that can impact your freedom, reputation, and future for years to come.

At the law office of Gary J. Wojtan, Attorney at Law, we have been defending clients in Erie County and across Western New York for more than 40 years. Our practice is built on proven trial experience, strong negotiation skills, and an unwavering dedication to protecting your rights. We take the time to understand your case in detail and create a strategic defense that prioritizes your freedom, your record, and your long-term future.

Page Contents

Practice Areas & Types of Cases Handled
Why Choose Our Criminal Defense Office in Cheektowaga
Our Strategic Case Investigation Approach
Minimizing Penalties and Securing Your Future
Frequently Asked Criminal Defense Questions
Criminal Defense Resources

Schedule Your Free Confidential Consultation

Call us at (716) 681-3355 or fill out the form below. We can call, email or text you!

American Association for Justice for Trial Lawyers

New York State Trial Lawyers Association NYSTLA

Trusted Criminal Defense in Buffalo

Practice Areas & Types of Cases Handled

DUI / DWI Defense in Buffalo & Erie County
Arrested for DUI, DWI, or DWAI? We challenge breathalyzer results, field tests, and police procedures to protect your rights and fight for reduced charges or dismissal.
Drug Crimes & Controlled Substance Charges
We defend misdemeanor and felony drug charges involving possession, distribution, or manufacturing, using analysis to pursue favorable outcomes.
Assault, Violent Crimes & Domestic Violence
When facing assault or domestic violence charges, we challenge evidence, witness credibility, and prosecutorial overreach to safeguard your rights.
White Collar, Fraud & Financial Crimes
We defend clients accused of fraud, embezzlement, or cybercrime through detailed financial analysis and strong courtroom advocacy.
Juvenile Defense, Appeals & Post-Conviction Relief
We represent juveniles and handle appeals, fighting for reduced sentences, record sealing, and fair appellate review when rights are violated.
Record Sealing, Expungement & Collateral Consequences
We help clients clear eligible records under New York’s “Clean Slate” laws and minimize the impact on employment, housing, and licensing.

Discuss My Case

Why Choose Our Criminal Defense Office in Cheektowaga

Gary J. Wojtan has practiced law in Buffalo for decades, giving him a deep understanding of the local courts, judges, and legal procedures. Unlike larger law firms that may treat you as just another case file, our office provides personalized representation and compassionate support tailored to your family’s needs. We also offer full-service legal help, which means if your case overlaps with estate planning, real estate, criminal defense, or anything else, you’ll have one office that can handle it all.



Over 40+ Years of Legal Experience

Decades of trusted service in Buffalo and WNY, handling even the most complex legal matters.



Personalized Legal Attention

We provide client-focused strategies with the care and commitment you deserve.



Full-Service Legal Representation

From family law to estate planning and defense, we’re your one office for all legal needs.

Strategic Case Investigation

Building a Powerful, Fact-Based Defense from the Ground Up

A winning defense starts outside the courtroom. We never simply accept the prosecution’s version of events. As a leading criminal defense lawyer in Buffalo, NY, we commission independent investigations, utilizing experts to scrutinize police reports, challenge forensic evidence, and conduct non-biased witness interviews.

This proactive, fact-based approach is designed to uncover procedural errors and illegally obtained evidence. Our goal is to secure evidence suppression, charge reduction, or outright dismissal before trial even begins.

Discuss My Case

Post Conviction Lawyer Buffalo - Gary J Wojtan

Minimizing Penalties and Securing Your Future

Expert Advocacy in Sentencing and Post-Conviction Relief

A guilty verdict is not the end of the fight. Our role as your criminal defense lawyer extends to mitigating the long-term impact of a conviction. We develop compelling mitigation strategies for sentencing, advocating for alternatives like rehabilitation or probation to minimize jail time. Furthermore, we actively pursue post-conviction relief, including appeals and, where eligible, record sealing and expungement to help restore your future opportunities.

Talk to a Criminal Lawyer

Frequently Asked Questions

Frequently Asked Questions About Criminal Defense in Buffalo

Have questions about your legal situation? Our office is here to help. If you don’t see your question answered here, call us directly at (716) 681-3355 to speak with an attorney today.

How soon should I contact a Criminal Defense Attorney Cheektowaga NY after an arrest?

As soon as possible. Early legal representation can protect your rights, prevent you from accidentally waiving important defenses, and allow us to start building your case while evidence is fresh.

What does a free criminal defense consultation include?

We review the charges, explain potential consequences, discuss possible defense strategies, and answer your questions. No commitment necessary.

How much does hiring a criminal defense attorney cost in Cheektowaga?

Fees depend on the complexity of the case: severity of charges (misdemeanor vs felony), whether federal involvement, hours of investigation or trial, witness development, etc. I offer transparent fee discussions and payment options.

Can charges be reduced or dismissed?

Yes. Many cases are resolved without trial via plea negotiations. Sometimes motions can suppress evidence or prove legal defects that may lead to dismissal.

What’s the difference between a misdemeanor and felony in New York?

A felony is a more serious crime, generally punishable by more than one year in prison; misdemeanors are less severe, with lighter penalties. The classification affects your rights, sentencing, and long-term consequences.

Will I definitely go to trial?

Not always. Many criminal defense cases settle via plea bargains or are resolved through motions. Trial only happens if it’s in your best interest and no acceptable resolution is agreed upon.

Will a criminal conviction show up on background checks forever?

Likely yes, but there are opportunities for record sealing, expungement, or certificates of relief depending on the offense, time elapsed, and your conduct since.

Could a criminal charge affect my job or immigration status?

Yes. Criminal convictions—even misdemeanors—can affect employment, professional licensing, public benefits, and for non-citizens, immigration status. You need someone who understands these collateral consequences.

What should I bring to my first meeting with you?

Bring any charging documents, court notices, police reports, and any evidence or witness information you have. Bring notes of what happened. Be honest; what you don’t share can hurt your case.

How long does a criminal defense case take in Cheektowaga?

It depends: the nature of the charges, whether evidence is disputed, if plea negotiations occur, backlogs in the court, etc. Some cases resolve in weeks or months; serious felonies or appeals can take a year or more.

RESOURCES

Explore Criminal Defense Insights

Stay informed with helpful guides, legal insights, and resources covering DWI, drug charges, violent crimes, white-collar offenses, and more. Our resources are designed to keep you updated on key criminal defense issues.

Browse Resources

What Happens After a DWI Arrest in Buffalo NY

Criminal Defense, DWI & DUI

Wondering what happens after a DWI arrest in Buffalo NY? This step-by-step guide explains the immediate timeline, your rights, license consequences, court process, and how a defense strategy can protect your record and your livelihood—so you can make smart moves right now.