The best Queens criminal defense lawyers and Queens criminal attorneys are the ones on call when it happens.

Queens arraignments: Monday - Sunday, 9:00 a.m. to 11:00 p.m. Desk appearance tickets: Monday - Friday, 9:00 a.m. to 4:00 p.m., except holidays. Both at 125-01 Queens Boulevard, Kew Gardens.

Precinct, then Queens Central Booking

You are processed at the arresting precinct - or, after an arrest at JFK, by the Port Authority Police - then moved to Queens Central Booking to wait for arraignment at 125-01 Queens Boulevard. Say nothing. Ask for your lawyer. That one sentence protects you more than anything else you can do tonight.

125-01 Queens Boulevard

CPL 140.20 requires that you be brought before a judge without unnecessary delay, and New York's Court of Appeals has held that a wait of more than 24 hours is presumptively unnecessary. Queens arraignment parts run seven days a week. For charges that are not "qualifying offenses" under CPL 530.20 - most misdemeanors and non-violent felonies - the judge must release you on your own recognizance or on non-monetary conditions.

CPL 180.80

If you are held on a felony complaint, the People have 120 hours - 144 if a weekend or holiday intervenes - to get an indictment voted or start a preliminary hearing. If they do not, and the delay was not your doing, the court must release you on your own recognizance unless it finds good cause not to. We count these hours from the moment you retain us, because prosecutors do.

CPL 190.50 - your right to testify

Queens felonies go to a Queens County grand jury. You have a statutory right to testify before it, on written notice to the DA before an indictment is filed - a decision that can end a case early or hand the prosecution a preview of the defense. A motion to dismiss for violation of that right must be made within five days of arraignment on the indictment.

CPL Article 245 - the file, early

The DA must turn over its evidence automatically - within 20 calendar days of arraignment if you are in custody, 35 if you are not. Body-camera footage, 911 audio, lab work, witness statements. What the People failed to turn over is often the leverage that resolves the case.

Mapp · Huntley · Dunaway · Wade

The hearings where cases are won. Mapp attacks the search, Huntley attacks your statements, Dunaway attacks the arrest, and Wade attacks the identification. Queens has its own landmark here: in People v Dunbar (2014), the Court of Appeals affirmed suppression of statements taken through the Queens DA's scripted pre-arraignment interviews.

CPL 30.30 - the speedy-trial clock

The People must be ready within six months on a felony, 90 days on a class A misdemeanor, 60 days on a class B, and 30 days on a violation. Most cases resolve by negotiation - and the Queens DA's office says it now makes plea offers without requiring you to waive your rights. The leverage in every negotiation is still a defense team the DA knows will pick a jury.

The record, managed

If a case ends in a conviction, the fight moves to sentencing - programs instead of jail, certificates of relief that protect a license or a job. Under CPL 160.57, eligible misdemeanor convictions seal automatically three years after sentence or release, and felonies eight years after release. For proof of how a Queens Supreme Court case ended, a certificate of disposition comes from Room E121 at 125-01 Queens Boulevard.

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:

• 01Assault & Domestic Violence
• 02Drugs & Narcotics Crimes
• 03Marijuana Possession and Sale
• 04Firearms Weapons and Possession
• 05Sex Crimes & Family Violence Crimes
• 06Theft & Larceny Crimes
• 07White Collar Fraud Crimes
• 08Arson & Property Crimes
• 09Violent Crimes
• 10Juvenile 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 212 300 5196.

Shorthand for 125-01 Queens Boulevard in Kew Gardens - the complex that holds Queens Criminal Court, the Summons Part, the Criminal Term of Queens Supreme Court, and the District Attorney's office.

A Desk Appearance Ticket - an arrest followed by release with a date to return. Queens DAT arraignments are heard Monday through Friday, 9:00 a.m. to 4:00 p.m. The return date is a real arraignment on a real criminal charge.

The felony release clock. Held on a felony complaint, you must be released after 120 hours - 144 over a weekend or holiday - unless an indictment is voted, the delay was yours, or the court finds good cause.

The speedy-trial clock. Six months on a felony, 90 days on a class A misdemeanor, 60 on a class B, 30 on a violation. When the People are not ready in time, cases get dismissed - we count every day.

New York's discovery law. The DA must hand over the evidence automatically - 20 calendar days after arraignment if you are in custody, 35 if you are not.

CPL 160.57: eligible misdemeanor convictions seal automatically three years after sentence or release, felonies eight years after release. Sex offenses and class A felonies other than drug offenses are excluded.

The Integrated Domestic Violence part of Queens Supreme Court, Criminal Term - where a domestic violence prosecution and related family matters can be heard together.

The Queens Mental Health Court, Annex Room E324 - treatment as an alternative to incarceration for eligible defendants 18 and older with a serious mental illness, screened by the DA.

People v Dunbar (2014): New York's Court of Appeals held that the Queens DA's scripted pre-arraignment interview preamble undermined Miranda warnings. The lesson still holds - say nothing before you speak to a lawyer.

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.

No Plea Policy for New Felony Arrests

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 defendant must understand the ramifications of what he is signing so that he can make an informed decision.

Pre-Arraignment Interrogation Policy

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.

Defense Strategies Employed by a Criminal Attorney in Queens.

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 is 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 bartender 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 criminal lawyer in Queens, NY. The lawyer will then prepare a defense strategy based on the merits of your case.

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