An arrest is made when a police officer either has a warrant signed by a judge or has personally witnessed the suspect committing a crime. Once arrested the suspect will be taken by the police officer to jail to be fingerprinted and photographed. The suspect will be required to answer a series of personal questions and will then be placed in a holding cell. The police must give the suspect an opportunity to make completed phone calls within three hours of the arrest. The suspect will use these calls to contact a criminal defense attorney and to alert friends and family members.

The suspect will be given a court hearing within 48 hours of being placed in custody. The suspect will be allowed to meet with their attorney before the court hearing takes place.

When the suspect is taken into court, the judge will inform the suspect of the crime they are being charged with, and will ask the suspect to enter a plea. The suspect can either tell the judge that they are guilty, not guilty, not guilty by reason of insanity, or that they plead no contest. The suspect should consult their attorney about which plea to enter before the hearing begins.

A guilty plea is an admission of guilt, and the suspect will be responsible for the consequences of the crime. With a plea of no contest, the suspect is not admitting guilt but is also not disputing the facts of the charges brought against them. If the suspect pleads not guilty by reason of insanity, they may be placed under psychiatric supervision. A plea of not guilty will force the prosecutor to prove beyond a reasonable doubt that the suspect committed the crime.

The suspect will be given the opportunity to choose between a bench trial or a jury trial. If the suspect chooses a jury trial they will be tried before a group of their peers, and these peers will determine guilt or innocence. If the suspect chooses a bench trial they will be tried before the judge only, and the judge will decide the outcome. The suspect should consult their attorney to determine which option would be most beneficial.

What happens next depends on the outcome of the trial. If the suspect is found innocent, they will be allowed to go free. If the suspect is found guilty, or if the suspect pleaded guilty or no contest, a sentencing hearing will be held. Before the sentencing takes place, the judge will review the suspect’s past criminal behavior and try to determine whether or not the suspect has any substance abuse issues. The judge will take this information into consideration when deciding a verdict.

At the sentencing hearing the judge may want to hear the opinions of the suspect’s friends and family, or from the victim of the crime. The judge will then declare a verdict based on sentencing requirements and the evidence provided. Depending on the severity of the crime, the sentence could involve jail, a monetary fine or community service.

All defendants who are accused of a crime are required by law to have adequate legal representation during the prosecution process. Many times an accused defendant will allow the court to assign a pro bono attorney when they qualify because of associated legal expenses. The problem is that many court appointed New York criminal attorneys either work for the state through the public defender’s office or are assigned from the local attorney pool by the jurisdictional judge. This means that the legal counsel for the defendant is also an employee of the same state that is pressing the charges, which rarely bodes well for the defendant. Prosecutors often act as though they are entitled to a conviction following any indictment or application of criminal charges, and an appointed attorney will normally be required to deal with the same prosecutor regularly. This situation alone is enough for anyone falsely accused of a crime to retain an experienced and effective criminal defense attorney who will work diligently to ensure that all legal rights to a solid defense are enforced.

What your NYC criminal attorney can do
Criminal cases are built on evidence that must meet the standard of reasonable doubt. Your criminal defense attorney can evaluate all articles of evidence for legal application regarding truth and proper protocol by the police in acquiring the evidence. Arresting officers must follow all arrest protocols and maintain adherence to the Constitution when compiling evidence in an investigation. And, many times over-zealous police officers and prosecutors will prosecute an innocent individual in an attempt to get them to provide state’s evidence in the case. Your attorney can contest all of this evidence as inadmissible and move to have any immaterial case facts dismissed for consideration, which is something that a typical defendant usually cannot accomplish.

Defending your case
When you retain a NYC criminal attorney they can also question the statements of the officer as well as the motivation for the arrest when it obvious that charges are based on evidence that is weak or borderline. Having an attorney who is willing to take a case to a complete trial can be important, and many times an appointed attorney will avoid this at all costs because they know the prosecutor wants a guilty plea. Never plead guilty to a criminal charge when you are innocent because criminal histories can have a major impact on the life of the defendant going forward, including denial for government benefits, employment, and public housing. Retaining a criminal attorney is always an investment in your personal future.

It is never a good decision to go before the court without legal representation because the state must only observe the minimal basic legal rights of the defendant and they are serious about a conviction merely because of the fact your are there. In many ways, a defendant must actually prove their innocence instead of the court proving the case against the defendant. It is important to remember that, even when charges are generally sound, a charge reduction can often be achieved with good legal counsel.

The 6th Amendment of the U.S. Constitution guarantees a defendant the right to a lawyer to defend him or her in a criminal case. It has also been interpreted as conferring the right on criminal defendants to represent himself or herself in cases against them. No such right exists in a civil lawsuit. If you’re a criminal defendant, you might also be allowed to represent yourself, but you’ll need permission to do so from the judge who is presiding over your case. Whether or not it’s a good idea to ask a judge to represent yourself in a criminal case is up to your own best judgment, but it’s not recommended. Typically, you should hire a lawyer to work with you. The consequences of a conviction could be harsh, especially if you’re charged with a felony.

When to ask a judge
At an arraignment, defendants are advised of what they’re charged with, and a plea of not guilty is almost always entered. The court will schedule various dates along with a trial date. Most defendants who want to represent themselves ask a judge for permission to do so at the time of their arraignment. The judge will then set that issue for hearing.

The hearing
The purpose of the hearing on representing oneself is to make a formal record of the request and obtain a waiver of his or her 6th Amendment right to an attorney. The judge will want the defendant to confirm on the record that he or she is freely, voluntarily, knowingly and intelligently waiving their right to an attorney with full knowledge of the possible consequences.

The defendant’s competency
For purposes of an opportunity for a fair trial, the law doesn’t allow a person to represent himself or herself if the presiding judge doesn’t feel that the defendant is competent to do so. Competency in this context isn’t about whether the defendant is mentally ill or not. It’s about the ability to understand and participate in all phases of the case against him or her.

Factors that a court considers
In deciding on the issue of a defendant’s competency, some of the factors that a court takes into consideration include the defendant’s age, educational level, his or her ability to speak and understand English and the seriousness of the crime that he or she is charged with. These factors make it clear that you need not have the skills of a attorney to be able to represent yourself. You’ll be held to the same ground rules that attorneys are held to in all phases of your case though.

Remember that in waiving your 6th Amendment right to an attorney, you’re also waiving any right that you might have to claim ineffective assistance of counsel. Knowledge and experience in criminal law and procedure can make the difference between being found guilty or not guilty. It’s highly likely that you’ll be far better off having an attorney represent you in any criminal case.

Public defenders are a necessity to the legal system, but may not always provide adequate defense for the assigned client. The public defenders works for the same state that is prosecuting the case, and there will always be a question of how willing they are to work diligently to protect you. Many times the charge is a crime without a victim, especially in cases involving drug distribution on any level. Public defenders regularly work in one specific court and can become an ally of the local court officials in many cases. Never accept a public defender for a criminal charge if there is any other option for legal representation.

Anyone in the city of New York who is facing criminal charges should contact our attorneys and let us do a professional and thorough analytic investigation of your particular case. We are very familiar with the overall city court structure and always represent our clients aggressively, including the willingness to take a case to trial when the charges are not valid. We understand how to craft a strong defense in any legal situation and have along track record of proven success at helping our clients receive a reduced case settlement including dismissal in cases where our client is being prosecuted on frivolous claims. Let us help you defend your case and ensure the respect of all of your legal rights.

Our #1 goal is to get your criminal case dismissed. We often get many cases dismissed, before they even get to full trial. Often, prosecutors build cases built on faulty evidence. By focusing on the evidence of the case, we can see if the evidence is either faulty, or wrongfully gotten – which allows us to request the judge to dismiss the case. By attacking the evidence and how it was gathered, we can force the prosecution to agree to dismissing the case, or agreeing to a lower penalty.

Often, many cases end before they go to trial. When you work with former prosecutors, like those at Raiser & Kenniff, we can help you get that same outcome

If the prosecution offers you a plea deal to your public defender, it may not be a bad idea to take it. If the plea deal is fair, doesn’t impact your permanent record – and doesn’t seem toxic, then it’s a good idea to take the deal. 99% of the time, the prosecution doesn’t offer a good deal. If you hire an attorney who starts fighting back, you can almost always secure a better deal.

Going to criminal court in New York City can be a frustrating and scary experience. This is especially true when you are facing serious criminal charges that can result in a long incarceration period. New York City prosecutors are adamant about reducing crime in the metropolitan area, as it is one the world’s most attractive tourist destinations, as well as the home to over seven million primarily law-abiding residents. Having an experienced and aggressive criminal defense attorney is imperative when attempting to defend against any criminal charge in a New York City court room when the charges and potential penalties are significant. This is especially true when being charged with a felony because all felonies carry the potential for long-term state penitentiary incarceration. When in doubt, we encourage you to contact our criminal lawyers.

New York City is a unique region. There are seven distinctive areas within the municipality and the court systems are not uniform. Different levels of criminal prosecutions are handled in differing locations and names of the particular criminal court do not always comport. Even a defendant who is familiar with the New York City court system may have difficulty determining the exact location of the court where their case appears on the docket. An criminal lawyer who practices primarily in New York City will understand how to avoid a potential failure to appear charge when a defendant attempts to comply with the court, but goes to the wrong location. In addition, an attorney who works within the court system on a daily basis is familiar with the court officers and can be a solid voice for your case during the bargaining process.