Yonkers Criminal Lawyers
Criminal defense attorneys represent clients for both felonies and misdemeanors. Learning more about what these attorneys do and why those accused of certain crimes need one is imperative for all people.
Criminal Defense Attorney Services
The United States Constitution promises that all citizens of the United States will be provided with legal representation should they be charged with a crime. If you wish to seek out a criminal attorney on your own, the first step is knowing the services that they offer.
A criminal defense attorney may represent someone for an array of crimes. Some lawyers may be more general, covering a variety of crimes while others might specialize in specific types of crimes. For example, they may mostly represent those charged with felony murder or those charged with a DUI. Finding a lawyer that has experience in what you were charged with can be highly beneficial for your case.
There are many things your criminal defense attorney can help you with:
• They will discuss your charges and evaluate them based on the evidence against you.
• There are times when charges might be able to be stopped before they are filed. On average, charges are filed within approximately three days. If stopping charges is possible, your attorney will meet with the federal prosecutor or district attorney to see what can be done. If the charges cannot be completely stopped, they may be able to get them reduced.
• Recommend and build you a defense strategy that is most fitting for the case against you.
• Help you with the emotional elements that can come with a criminal trial, should you elect to go to trial.
• Provide you with information about how the process works so that you know what to expect throughout all phases of the process.
• Make sure that you know about the legal rules and laws that apply to your case. This could play an integral role in your overall defense strategy.
• Ensure that your case is properly heard so that all of the nuances and any special considerations are accurately presented.
• Aid you in understanding how your case might be affected by prosecutorial discretion. This is imperative to help you in getting the best possible outcome.
• Collect witness statements and evidence that could be important for creating reasonable doubt for your case.
• They are better able to find key witnesses that could help to show your innocence or provide additional key evidence.
• Hire private investigators to find things that could help your case, such as additional evidence or witness statement inconsistencies.
• If sentencing is necessary with your case, your attorney can help you to learn about alternative sentencing optionsor the general options that best meet your preferences. Alternative sentencing options may include therapy, community service, house arrest, monetary fines or substance abuse programs.
Why You Need a Criminal Defense Attorney
When you are facing charges, you need someone on your side to help you to navigate the complex legal system. This is where an experienced criminal defense attorney comes in. First and foremost, this type of attorney has expertise that allows them to effectively defend you against the charges you are facing. They know the law and the criminal system, so they can help you to navigate each step in the process as successfully as possible.
When you are going to trial and need a defense strategy, the strategy you use is going to be unique. These attorneys are able to examine your case and create a strategy that provides the best chance at reasonable doubt concerning your guilt. They know how to examine the evidence against you, how to determine if witness statements might actually help you and they are able to find ways to discredit any witnesses against you. This type of lawyer will also be able to identify loopholes in the evidence that might benefit you.
Throughout the criminal process, a wealth of paperwork needs to be filled out and filed. It is imperative that all documents are filled out accurately and filed correctly and on time. Criminal defense lawyers know how to tackle this paperwork and they are able to get it filed in a timely manner so that there are no unnecessary paperwork delays.
If you are considering a plea, your lawyer can help to reduce the risk of the judge denying it. Judges do not have to accept all plea terms. Your lawyer will work with the prosecutor that is handling your case to determine if a trial can be avoided. They will be able to use their expertise and their knowledge of similar cases to help convince the prosecutor that a plea is the best course of action.
This type of attorney can help to protect you from making hasty and uninformed decisions. Once you ask for a lawyer, law enforcement is no longer allowed to keep talking to you. This means that you will not be subject to their tactics or be forced into admitting to something you did not do. Your lawyer will make sure that the decisions you make are the best ones for your case.
When prosecutors are working on your case, they have some freedom concerning what they will charge you with and how harsh these charges may be due to prosecutorial discretion. An experienced criminal defense attorney knows the law and is able to examine your case in a way to help reduce the risk of false or overly harsh charges being brought against you. This is important because when you are being charged with something, you want it to be fair. They can also help with fair sentencing should you be found guilty.
Questions to Ask Your Criminal Defense Attorney
Once you decide on a lawyer, you want to make sure to ask the right questions so that you have a full understanding of your case. The following questions are common:
• Which legal options are available for my case?
• Should I plead guilty, go to trial or agree to a plea agreement?
• Are there any issues you foresee with my case?
• What elements of my case may work in my favor?
• What can I expect throughout the process at the different stages?
Knowing the answers to these questions helps to ensure that you know what is happening with your case. It also makes it easier to effectively assist in your defense.
Yonkers Federal Criminal Lawyers
Federal Criminal Defense Lawyers in Yorkers: We Have The Skill and Experience to Challenge Federal Prosecutors
When you are facing federal criminal charges in Yonkers, the Federal Bureau of Investigation (FBI) will send Special Agents on behalf of the United States Attorney and will attempt to provide sufficient evidence that is required to mandate a prison sentence. It is imperative to choose a Yonkers criminal defense attorney during this time to ensure that your rights are protected.
What Offenses are Considered Federal Crimes?
New York and the federal government have criminal justice systems in place. When you have been charged with a crime, there are various factors that will determine if you will be charged with a federal offense. Some of these factors include:
Crimes That Were Committed on Federal Property
If a crime is considered a misdemeanor, but it was carried out on federal property, it is considered a federal crime. Federal property includes federal buildings, military bases, National Parks, National Monuments, or the United States Postal Office.
Crimes That Were Committed That Involved Federal Officers
If crime was carried out against a federal officer while he or she was performing federal duties, it is a federal charge. Federal officers include a federal judge, a Member of Congress, a federal marshall, or a Senator.
Federal Subject Matter
According to the federal criminal code, the United States government has jurisdiction over certain criminal offenses that involve drugs. In addition, the Securities and Exchange Commission can also bring forth federal charges if any violations occurred. Any crimes that were committed against federal agencies, which include Medicare and medicaid fraud, are also considered federal offenses.
When State Crimes Become Federal Crimes
In Yonkers, there are certain New York State crimes that could escalate to federal charges under certain circumstances:
New York will work with Special Agents to escalate certain sex crimes to federal offenses. This may include possession of child pornography. Moreover, prostitution that uses sex workers that were brought to New York from another state, undocumented aliens, or sex workers who are minors are federal criminal offenses. If you need help with federal appeals, our federal appeals lawyers can assist with this as well.
Drug crimes can also be federal offenses. This depends on the amount of the substance that was found on the accused during the arrest. While local or state police may make the arrest, federal prosecutors can take over the case if the amount is sufficient to mandate a federal charge.
The federal government has many federal regulations that cover transportation, distribution, sale, possession, and use of certain types of firearms. These laws can be confusing, which is why many times individuals who own firearms find themselves unintentionally in violation of a federal offense.
White Collar Crimes
There are certain white collar crimes that are also considered federal crimes. For instance, identity theft, wire fraud, computer hacking, and any crime that is committed against a federal agency are white collar federal crimes.
If a case is transferred from a state to federal court, the consequences for the defendant will significantly increase. During a federal investigation, prosecutors are more aggressive, and the penalties for a federal conviction are more severe. For example, if you are convicted of a federal charge, you may face a prison sentence as opposed to a jail sentence that comes with misdemeanor charges.
The United States Bill of Rights protects individuals from being tried for the same criminal offense twice, which is known as double jeopardy. However, if a single crime violates state and federal laws, it is known as separate sovereignty. In these cases, both the New York State and federal prosecutor can take action against the accused. As a result, the chances of begin incarcerated will double.
1. The criminal history of the defendant and the nature of the offense;
2. The sentence should reflect the four purposes for sentencing, which include retribution, deterrence, incapacitation, and rehabilitation;
3. Availability of sentences, such as if probation is mandatory or a minimum prison sentence must be served for the crime.
4. The range of the sentence that is established with the application of sentencing guidelines.
The Right to Appeal
You do have the right to appeal a federal conviction unless you have waived your right to appeal your sentence, which usually happens during a plea agreement. During an appeal, your Yonkers federal crimes attorney can argue to the Circuit Court of Appeals that there was legal mistake when determining your sentence. When the court favors your argument, your case could be remanded for a lesser sentence. However, if you want to file an appeal, it is important to note that you should act in a timely manner. You must file a notice of appeal with the district court within 14 days after the initial judgement was issued.
Why You Need A Yonkers Federal Crime Attorney
If you have been issued a warrant for your arrest by the FBI, you have probably been indicted by a judge or grand jury. The United States Attorney’s Office can proceed with the felony charge because sufficient evidence has been found against you. If you don’t have representation from a skilled federal crimes attorney, you could face a prison sentence that lasts months, years, or decades.
When a federal warrant is issued for your arrest, you will be taken into custody by a federal agent, arraigned, and bail will be determined. In addition, Special Agents will attempt to obtain search warrants to find further evidence against you. During this time, having a federal criminal lawyer at your side can ensure that your rights are protected. Aside from a lengthy prison sentence, there are other consequences that could result from a federal conviction, which may include not being able to find employment or inability to obtain educational benefits, such as pell grants. Don’t delay if you are facing federal charges in Yonkers, contact our skilled team of legal experts today.