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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Best Queens Criminal Defense Lawyers and Queens Criminal Attorneys

Criminal offenses are classified into three categories: felonies, misdemeanors, and infractions. Felonies top the list of the most serious crimes, such as robbery with violence. In New York City, misdemeanor charges may include trespassing, vandalism, drug possession, prostitution, disorderly conduct, petty theft, and animal crimes. Infractions include fines and traffic tickets. A criminal charge can alter your life dramatically. Again, having a criminal record can have far-reaching consequences, such as employment prospects and even obtaining insurance. If you are facing a criminal charge, it is in your best interest to consult with a Queens criminal lawyer. This can be your best bet in getting a plea bargain or a lesser sentence.

Understanding Penalties for Criminal Charges in Queens, NYC

To appreciate the need for a qualified defense lawyer, you need to know the possible penalties for criminal charges in Queens, NYC. The maximum jail time for a Class A misdemeanor in NYC is 12 months jail time. Class A misdemeanor charges include drug possession, assault, and theft. A non-violent misdemeanor may not result in jail time. However, it should not be taken lightly. The crime, the defense strategy, and the courts determine the disposition and verdict. Certain courts in Queens impose jail term for misdemeanors. Crimes such as Driving While Intoxicated in New York are treated seriously, and you stand to face license suspension. This translates to high insurance premiums in the future.

Defense Strategies Employed by Queens Criminal Lawyers

The negative consequences of criminal charges can follow you for many years. When so much is at stake, you need legal expertise. While a criminal offense is damaging, a good lawyer will come up with a defense. This is a strategic argument that challenges the sufficiency and validity of the prosecution’s case against the defendant. There are several possible defenses that a Queens criminal lawyer can use in your defense:

1. Presumption of Innocence

All accused parties are presumed innocent until proven guilty by a plea or trial. This means that the prosecutor must prove beyond reasonable doubt that the accused is guilty. When using the presumption of innocence as a defense, the defendant may choose to remain silent and wait for the prosecutor to present their case. A criminal defense lawyer can then argue that the prosecutor has failed to prove their claims against their client or he can shoot holes in the prosecutor’s case. The burden of proof hanging on the prosecutor is often enough to cast doubt on the jury. In some cases, they can dismiss the charges altogether, or ask that the prosecutor comes up with more evidence to warrant a conviction.

2. Self-Defense

Self-defense is a possible defense strategy especially for crimes such as murder, battery, and assault with a deadly weapon. A self-defense strategy requires an admission that the accused committed the offense but only in an effort to defend themselves. There are several key issues that the judge or jury will consider in self-defense claims. For starters, the aggressor is determined and if there was a prior relationship between the aggressor and the defendant. The criminal defense lawyer must demonstrate that it was the defendant’s belief that self-defense was necessary. If it established that self-defense was warranted, the amount of force or weapon of choice used is also put into consideration. Self-defense is pegged on the right for an individual to protect themselves from foreseeable danger. The circumstances surrounding a self-defense act are varied. However, the underlying expectation is that the force applied should be reasonable.

3. Under the Influence

Committing a crime under the influence of alcohol or other drugs can be a defense. One can argue that they were mentally impaired and they should not be held accountable for the crimes committed. This defense can be shaky especially in the case of voluntary intoxication, which does not exonerate the defendant from the charges. While all the charges against the defendant may not be dropped, the court may issue a lighter penalty if the defendant can prove intoxication. This defense requires a good defense lawyer.

4. Defense of Duress

A defendant can argue that they committed crimes under compulsion by another party. In this case, they were threatened with bodily harm for noncompliance. This defense can hold especially in the case of minors. The defendant also needs to demonstrate that the threat was immediate and unavoidable.

5. The Defense of Mistake

While ignorance is no defense, there are instances when the defendant may have committed a crime by mistake. For instance, a bar attender who serves a drink to an underage customer who has a fake ID. In such a case, if the court believes that the customer can be mistaken to be of age, then the defense might hold.

The defenses presented are based on the unique circumstances of the case. This is why it is wise to have your case reviewed by an experienced Queens criminal lawyer. The lawyer will then prepare a defense strategy based on the merits of your case.

About Spodek Law Group P.C.

With over 50 years of combined criminal law experience, the team of criminal defense attorneys at Spodek Law Group P.C. have consistently obtained favorable results for those who are under investigation or prosecution for state and federal offenses in Queens, New York. Our teamwork approach utilizes the talent of our attorneys, investigators, researchers, and administrators to ensure that we leave no stone unturned in our representation of our clients.

We have three offices in New York City, and our offices are staffed 24 hours a day, 7 days a week and are prepared for an immediate and effective response to any emergency.

The Queens criminal lawyers at Spodek Law Group P.C. prepare each and every case for trial. We believe that you must outwork the prosecution and leave no stone unturned. Over the years, our consistent trial record along with the results from strategic plea bargaining have allowed us to have an unparalleled level of success in Queens Summons Court, Queens Criminal Court, and Queens Supreme Court.

Our consistent success has earned the criminal defense team recognition throughout the State of New York and the United States. We are proud to receive referrals from attorneys of all stripes throughout the US as well as district attorneys in New York City who can speak to the level of commitment we have to our clients.

By having both criminal defense lawyer as well as former assistant district attorneys on staff, we understand how to handle a criminal case from every angle and provide insight into how the case will be prosecuted by the Queens County District Attorney’s Office. Our deep understanding of the New York criminal justice system makes our lawyers valuable resources to national media outlets. Our Queens criminal lawyers are routinely called upon to speak to the media on current criminal cases, and on trends in the prosecution of criminal defendants.

We offer a risk-free consultation to our clients. There are no strings attached, and we will meet with you until each and every question you have is answered. There is no time commitment, and there is no cost.

Queens Criminal Courts

There are three courts in Queens County in which criminal charges are brought:

  1. Queens Criminal Court, Summons Part Borough Hall Building 120-55 Queens Boulevard Queens, NY 11424
  2. Queens Criminal Court 125-01 Queens Blvd Queens, NY 11424
  3. Queens Supreme Court, Criminal Term 125-01 Queens Blvd Queens, NY 11424

Queens Criminal Charges Defended by Spodek Law Group P.C.

The criminal lawyers at Spodek Law Group P.C. routinely defend people charged with the following misdemeanor and felony criminal charges:

  • Assault & Domestic Violence
  • Drugs & Narcotics Crimes
  • Marijuana Possession and Sale
  • Firearms Weapons and Possession
  • Sex Crimes & Family Violence Crimes
  • Theft & Larceny Crimes
  • White Collar Fraud Crimes
  • Arson & Property Crimes
  • Violent Crimes
  • Juvenile Crimes

Our legal team includes former Queens Assistant District Attorneys as well as Queens Defense Lawyers. We are available 24/7 to discuss your Queens criminal case. Call us at (888) 247-9981.

Contact Information

Spodek Law Group P.C. 31-10 37th Ave #202 Long Island City, NY (888) 247-9981

If you are arrested in Queens County New York, or at JFK airport, you will first be processed through the law enforcement local precinct. This is often the NYPD precinct in the area where the crime occurred. If you were arrested at JFK airport, you will be taken to the Port Authority Precinct. Often times the JFK cases are for gun possession, forged ID, or the transporting of a controlled substance.

At the precinct, the new arrest will be processed and an arrest number will be issued. This arrest number is the number that will allow you to track the new arrest as he or she makes their way through the system. This will be a number like Q123456. The new arrest will then be transported to Queens Central Booking for their arraignment. The courthouse is located at 125-01 Queens Blvd. The above picture is the front of the Queens County Criminal Courthouse.

The criminal court arraignment has a very limited purpose in the New York Criminal Justice System. It is not to determine the guilt of innocence of the defendant but rather to decide whether the defendant should be released on his or her own recognizance, remanded, or bail should be set. It goes without saying that this determination is of crucial important. The sooner a lawyer can start preparing for this hearing, the better position the defendant will be in to be released.

If you are in need of a Queens Criminal Lawyer, call Spodek Law Group P.C. at (718) 557-9796 24/7.

In addition to determining the issue of bail, at the arraignment certain notices will be issued. This could be a notice to introduce statements that the defendant made, or identifications of the defendant, or notice that the District Attorney’s office is presenting this case to the grand jury at a set time and place. Additional matters like Orders of Protection, and restrictions on travel, drivers license restrictions can also be dealt with at the arraignment. All of these issues should be dealt with in advance of the arraignment so that there is sufficient time to prepare any arguments and present the best case to the arraignment judge.

If the arraignment is going to occur during normal court hours then you will go through the main building and down to the arraignment part which is located in the annex. If it is after hours or on the weekend you will go through the annex directly. The arraignment courtroom is called AR1 when it is being used during normal court hours. If it is a weekday after court hours, it is AR3. Finally, if it is a weekend, it’s AR4.

Although the criminal law and procedure in New York State are the same throughout, each district attorney’s office has its own nuances that a criminal lawyer needs to be aware of. In Queens County, there are two issues in particular. First, the Queens County District Attorney’s office has a no plea policy when it comes to new felony arrests. What this means is that if you are arrested and charged with a felony in Queens County, and you want to plea bargain, the Assistant District Attorney will ask you to sign a waiver. The waiver states that you are waiving CPL 180.80, CPL 190.80, and CPL 30.30 along with constitutional rights. A criminal defense must understand the ramifications of what he is signing so that he can make an informed decision.

The other issue that is unique to Queens County is their pre-arraignment interrogation policy. The way this works, prior to an arraignment they will bring the defendant to a conference room and attempt to interview them prior to the defendant speaking to a lawyer. This is the script that will be read to a defendant:

“In a few minutes, I’m going to read you your rights. After that, you’ll be given an opportunity to explain what happened at that date, time, and place.

If you have an alibi, give us as much information as you can, including the names of any people you were with.

If your version of the events of that day is different from what we have heard, this is your opportunity to tell us your story.

If there is something you would like us to investigate concerning this incident, you must tell us now so we can look into it.

Even if you have already spoken to someone else, you do not have to talk to me.

This will be the only opportunity you will have to talk to me prior to your arraignment on these charges.

This entire interview is being recorded with both video and sound.

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak?”

Unfortunately, criminal defendants are nervous and want to talk. Oftentimes, they say something that they believe will help them but, in fact, only puts them in a worse situation. As soon as we are retained, we immediately assert our client’s right to remain silent and do everything we can to protect them.

For consultation, call Spodek Law Group P.C. at (718) 557-9796 24/7.

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