Mar 30, 2017
Brooklyn Criminal Lawyers
Criminal law is a vast subject not confined to just one or two offenses. New York law considers dozens of offenses criminal, and the penalties for each vary based on several factors. When it comes to fighting a criminal charge in New York or anywhere else, the defense is a good attorney with ample experience fighting for the rights of their clients. It’s imperative an attorney has the knowledge and experience to present an airtight case, and it’s imperative clients understand the importance and significance of a criminal charge
, what it means, and what it might entail.
Common Criminal Charges
People are arrested all the time for various charges, but not all charges are considered a criminal
charge. A criminal charge
is legally defined as a charge brought against a person on behalf of any government entity. If someone is being sued by the neighbor for allowing their dog to use the restroom in their lawn repeatedly, it’s a civil offense. If someone is being charged with murder after being arrested for killing their neighbor over the dog’s bathroom habits, the court is prosecuting the defendant making it a criminal charge
. Some of the most common criminal charges
include the following:
– Assault and battery
– Mortgage fraud
– Child pornography
– Sexual assault
– Sex crimes
– Domestic violence
– White collar crimes
– Internet crimes
– Traffic violates
– Immigration issues
– Federal crimes
This is not a comprehensive list of potential criminal charges
, but it serves as a general basis of criminal law and all it entails.
Potential Penalties Following Criminal Conviction
There is no telling what one person might face following a criminal conviction
. It depends largely on several factors, including the type of crime
committed, how many other crimes the defendant has committed in the past, and even the age of the defendant.
– Jail time
– Community service
– Loss of professional license
No two sentences are the same for any two criminals. If two people are being charged with beating a man to death in a bar fight, one might end up with five years in jail and another five years of probation if this is his or her first offense. The other might end up with seven years in jail and longer probation if this is his second or third offense
. The different factors are all considered when deciding up on a sentence following a criminal
– Is the offender a first, second, third, or fourth time offender?
– Did the offender commit the crime or provided help committing it with someone else?
– Was anyone hurt or killed?
– Did the offender commit a crime because of personal duress, such as a killing another person because a criminal had a gun to his or her head ordering him to do so?
– Is the offender sorry and genuinely remorseful for the crime committed?
Potential Criminal Defenses
The purpose of a criminal defense attorney
is to help a criminal fight, deny, or reduce charges set against them. Attorneys work hard to prove their clients are innocent of a crime, and they use a number of defenses to help prove their point.
Alibi – The defense might be able to find an alibi
for the defendant. This is a person who can swear the person being charged was with him or her during the time of the crime, proving there is no way that the person being charged committed any crimes.
Presumption of Innocence – This is the simplest defense and the one many choose to go with when they did not commit a crime. The simple basis of this defense is the defendant simply did not commit the crime
Reasonable Doubt – Every criminal must be convicted
of a crime beyond a reasonable doubt. This means nothing more than the prosecuting attorney must prove the defendant committed the crime without leaving even an ounce of doubt. The job of the defense in a case like this is to make a jury question every bit of evidence and fall short of a conviction due to reasonable
Self-Defense – There are instances in which people do horrible things for no other reason than to save their lives or the lives of someone else. A mother who shoots a person trying to kidnap her child, for instance, didn’t intend to kill a person but did so in order to save her child. She was only defending herself and her family.
Insanity – Many people live with mental issues that cause them to commit acts they’re not always aware they are committing. Some know what they are doing, but they have no idea what they are doing is wrong due to their mental
Entrapment – When someone is in a position that requires they do something they wouldn’t ordinarily do to save their own life, it might be entrapment. A kidnap victim who steals a car to help their kidnapper because he or she threatens to kill them or their family is not doing something by choice, but by the desire to stay alive.
There are numerous defenses available for a criminal
attorney to use when helping a client overcome a criminal prosecution. Call an attorney today to find out how to present a case and get through a criminal
Many people across the area are wrongfully convicted every year of a crime
they did not commit. Countless others receive a penalty that is disproportionate to the crime and they are railroaded by a judicial system that is often stacked against them. If you have been charged with a criminal offense anywhere in Brooklyn
, the states are extremely high. You have no time to waste. You need to be mount a vigorous criminal defense, and for that you need a brooklyn
Defense Lawyer fighting right there alongside you to ensure that your rights are protected every step of the way.
Prove Your Innocence
You might now that you did not commit the crime that you are charged with, but convincing a judge and jury of that is another matter entirely. There might be evidence that points to you, or you might simply be guilty of being in the wrong place at the wrong time
. Whatever the case might be, do not make the mistake of thinking that you can simply fight the charges on your own. While that is the natural human instinct when we are wrongfully attacked, remember again how high the stakes are. You will be going up a prosecutor who often has the full weight of the Brooklyn government behind him or her. You need a professional and experienced lawyer to show the judge and jury
how you were wronged in this case.
Sentences Can Be Severe
If you happen to be convicted of a criminal offense, you could be looking at serious jail time. That is never anything anybody wants to wake up hearing. Having a qualified criminal defense lawyer
on your side means that you will someone knowledgeable ini the legal field working to get your sentence reduced as much as possible. If this is your first offense and conviction, you might be looking at the possibility of a reduced sentence. If you are charged with a drug related crime
, a lawyer can often push to have the severity of the large itself reduced down to a lesser offense. You have options, but they require someone with the legal expertise that you will only find with a Brooklyn criminal defense lawyer
Future Prospects Can Be Hampered With a Conviction
If you happen to be charged with a crime, and you are convicted, you should be aware that your future prospects will be limited. This will certainly impact your ability to get a job upon release from your sentence. Depending on the crime, it can also hamper your ability to live where you want and can determine who gets custody of your children. Again, this demonstrates just how high the stakes really are. A felony conviction will almost certainly stay on your record for your life, so you need to fight this with everything that you have. That means you need a lawyer
that knows what he or she is doing. This will give you your possible shot at reducing the impact the criminal charge
will have on you in the future.
These are just a few of the many reasons that you need to hire a Brooklyn area criminal defense
attorney to mount your defense. Remember that you are innocent until proven guilty. These are not just words. It is what the judicial system is based on, but it can certainly to be a hollow phrase when you are facing years in prison for what amounts to a misunderstanding. Do not let a judge throw away the rest of your life because of a conviction you receive due to poor legal counsel.
Benefits of hiring a criminal lawyer to represent you
When your day in court finally arrives, you’ll be glad that you hired the criminal lawyer to represent you. These cases are especially complex, and if you think throwing yourself at the mercy of the court will get you a favorable result, think again. Your criminal lawyer understands exactly what is at stake and how it will negatively impact you for the rest of your life.
These are a few of the ways your nyc criminal lawyer
is going to work tirelessly to ensure you get a fair trial and the least harsh sentence possible.
Experience in Winning the Challenging Cases
The prosecution is going to try anything to get the judge to hand down the harshest sentence in this case
. Without a criminal lawyer
on your side, the prosecution will try to paint a picture that is far worse than what really happened, and you have little hopes of convincing a judge otherwise because you have zero courtroom experience. Your criminal lawyer
has experience with these type cases and will use previous case history to ensure you get the fair treatment that you are entitled to.
Less Pressure Without Money Worries
If you are working with a criminal lawyer
, you are able to focus on putting together a defense instead of stressing over where all the money is going to come from to pay for your attorney. Your criminal lawyer works on a contingency fee basis, meaning they are footing the bills for you at the moment and you won’t have to pay for these legal services until your attorney
gets you the result they promised. Instead of one lump sum due at the time of your consultation, your attorney can work out a number of payment plans that will allow them to represent you without taking all that money up front.
Taking Emotions Out of the Criminal Case
One of the things the prosecution has on their side with your criminal case
is your emotions. The longer they can delay the proceedings, the more hoops they make you jump through, and the more information they keep requesting, the angrier you get. When you are frustrated, you make bad decisions, one is accepting a plea just to put this case behind you. Your attorney is not emotionally involved and knows the antics of the prosecution all too well. By keeping you away from all those details, you can focus on building a strong case while your attorney keeps pushing forward with your defense
The Power of the Plea Bargain
Your criminal lawyer understands that the burden of proof lies on the prosecution, so instead of showing your hand early, your lawyer is going to wait to see how things play out in the court before attempting a plea bargain. Your criminal lawyer is working tirelessly to find evidence that pokes little holes in the prosecution case, the more the better. Although these little holes don’t appear too damning yet, when your attorney presents the judge with them all and how they shredded the prosecution’s theory, you stand a better chance of getting a favorable ruling. There may come a time however when the prosecution case holds up, so your attorney has already prepared several plea bargain
options that they will discuss with you in an effort to lessen the punishment and allow you to get on with your life.
With the help of the criminal lawyer, your attorney is going to do everything possible to either get the charges lessened or the entire case dismissed
so you can move on to the next chapter in your life.
Why you need a criminal defense lawyer instead of a public defender
Driving while drinking or on drugs is a serious offense with serious consequences. Fines and jail time are common place in these scenarios and if you don’t have someone in your corner, the prosecution will be free to push for as high of a penalty as possible. A Bucks county DUI attorney
, like any other attorney, has the job of protecting your rights and helping you take the minimal penalty. Their technical jargon and knowledge of the state laws, depending on the state Your in, can pull you through what would otherwise be a total disaster. Let’s have a look at some of their knowledge base.
Do You Need One?:
Before we look into what a DUI attorney
can do, we need to establish if you can receive help in your situation. An attorney won’t be able to help you, or won’t need to help you in these situations:
- First Offense- penalty will of course still be applied, but it probably won’t be as bad as if you were a repeat offender
- No One Was Hurt- this is the ideal scenario if you are convicted. Penalty will be minimal.
- It’s Obvious that You’re Drunk- Alcohol on your breath, slurred speech, and a high BAC(limit 0.08)are tell tale signs to an officer.
These situations will probably result in a guilty plea
or “no contest”. At that point the penalty is assigned and it’s curtains for you. Even still, it couldn’t hurt to consult an attorney in the situation where a factor in your case requires legal
What an Attorney can Do:
Now that we’ve ruled out the possibility of not needing an attorney, let’s go over the knowledge base of a DUI attorney
. A Plea Bargain
– If the case for the prosecution isn’t rock solid, further trials can be made to come to a final conclusion. This of course costs the state more money and that’s not always something they’re willing to give up. In this scenario, your DUI attorney
can negotiate with the prosecution on a plea bargain. This is where your attorney’s charisma comes into play. If your attorney can convince the prosecution, you can plea guilty and receive a lower penalty. Go you! The potential charges you can plead
down to are things like “reckless driving”, but in California there’s something called “Wet Reckless”. This means that the use of alcohol is recognized, but the sentence is far less intense than a DUI charge
, keeping you out of jail and protecting your licsense from being suspended if your BAC isn’t above .08%. Keep in mind that “Wet Reckless” is still a DUI charge on your record, so don’t get convicted
DUI Involving Drugs
In addition to helping with the sentence, a DUI attorney
can also negotiate away any random drug testing or conditions of probation. In retrospect, it seems a bit underhanded, but not if you’re the one getting help. So, in short, DUI attorneys
are important to your case and can be the difference between a second chance and years in prison. When you think about it, they might just be worth the money and hey, you know your Miranda rights, so you’ll be provided one anyway.
Why you need a criminal defense lawyer instead of a public defender
Each year in the United States, millions of people are arrested and charged with crimes that potentially carry jail or prison time. The vast majority of those arrested are below or near the poverty line, making it difficult to afford legal counsel for their defense. Most of these individuals will end up either defending themselves in court or have a public defender appointed to their case.
But even though it may be tempting to avoid the higher cost of hiring a private defense attorney
, there are strong reasons to hire one. Hiring a competent defense lawyer
can give defendants a big edge in court, often making the difference between going to jail and walking free.
Public defenders as attorneys of last resort
Nationwide, studies have shown that up to 85 percent
of all defendants charged in criminal cases rely on public defenders. In practice, this means that public defenders
are often saddled with stifling caseloads. And they may only have a few minutes to dedicate to a client’s entire case
By contrast, a private defense attorney
will often only be handling a few cases at a time. Private attorneys often have research assistants, expert witnesses and other professionals who they can call on to help with their cases. This translates into dozens or even hundreds of hours of experienced professionals working on a case, giving the defendant their shot at beating the case outright or discouraging the prosecution from aggressively pushing ahead with hard-to-prove charges. Often, the mere perception by the prosecution of the defendant having a strong legal defense
team on their side may be enough to bring serious leverage to the table, helping to secure plea deals for much lesser charges. Prosecutors know that someone who is being represented by a severely overworked public defender is unlikely to be able to mount a strong defense
at trial. And this will often lead to a much-weakened bargaining position in the event of a plea
Getting what you pay for
The main problem for most people with hiring a private defense lawyer
is cost. Especially where the defendant may be facing serious jail or prison time, hiring a strong defense team may cost thousands of dollars or more. But this will often turn out to be money well spent. There’s no way to put a price on freedom. And it’s impossible to earn anything at all while locked up in prison or jail, making the few thousand for a successful defense a bargain.
Because public defenders
cost little or nothing, they are the option that the vast majority of defendants choose. But this ensures that they rarely have anything close to the time, energy or dedication to invest in any one case that a private attorney brings. Public defenders
are also appointed. This means that if a defendant is assigned a public
defender with whom they don’t get along, it may be difficult or impossible to have a new defender assigned to their case. When hiring a private attorney, the defendant has complete control over who they ultimately select to represent them. And it is usually possible to switch attorneys if a defendant is dissatisfied with their current lawyer. It might make sense to get some PayPal working capital
before you hire an attorney if you need money.
Finally, while most public defenders
go into their chosen field with great ambition and the intention of doing good, the harsh realities of handling thousands of cases each year in the U.S. justice system
often leave them overworked and somewhat jaded. One of the most common complaints that defendants have about public
defenders is that they just don’t seem to care enough about the people they represent. This apparent indifference is, in part, because they are government employees who will have a job whether they win or lose.
A competent private defense attorney
, on the other hand, is usually highly invested in the outcome of the cases they handle. All said, the reason to hire a private attorney
is because they are there to win
Brooklyn Criminal Lawyers