By: Michael J. McConnell, NY Criminal Defense Attorney
When someone hires me right after being arrested, my job begins immediately. The first step is to meet with the client (often as soon as possible after the arrest) to explain exactly what they’re charged with, what those charges mean, and what potential outcomes could look like. The criminal process can be confusing and intimidating, so I take the time to walk my clients through each step, from arraignment to possible trial, in plain English. I want them to understand not only what’s happening now but also what might come next, and how every decision we make can affect the final result.
The initial meeting is often a long one and it is not uncommon at all for me to conduct multiple strategy sessions very early in the case when appropriate. It’s where I learn everything I can about the case, but also about the person. I ask the client to tell me their version of events in detail (i.e., moment by moment, second to second) so I can essentially put myself in their shoes and see the situation as they experienced it. This helps me identify inconsistencies, potential witnesses, or evidence that might have been overlooked. It’s not unusual for this conversation to be a very long one, because the better I understand exactly what happened, the better I can build an effective defense.
From there, I begin developing a strategy tailored to the specific circumstances of the case. Every case is different, and the right approach depends on factors such as the strength of the evidence, the client’s background, the nature of the charges, and the tendencies of the court or prosecutor’s office handling the matter. We talk through all possible paths (whether it’s pursuing a dismissal, preparing for trial, or exploring early plea negotiation options). I make sure my clients are part of every strategic decision and that they fully informed before we move forward.
At the same time, I move very quickly to get ahead of the situation. That means reaching out to the prosecutor as soon as possible to open communication and begin gathering information that might not yet be available through formal discovery. It’s important to know early on what evidence the prosecution thinks it has and what direction their case might take. Establishing that line of communication also allows me to advocate for my client right away, including sometimes even before charges are finalized or formally filed.
Equally important, I never rely solely on law enforcement’s version of events. Police reports and witness statements often reflect only one side of the story, and I know from experience that investigations can be incomplete or biased. That’s why I conduct my own independent investigation from day one. I interview witnesses, review surveillance footage, and visit the scene if necessary. I look for any inconsistencies or holes in the prosecution’s case. My goal is to uncover evidence that supports the defense and challenges the prosecution’s assumptions.
While it’s true that the prosecutor carries the burden of proof at trial, I don’t believe in just sitting back and waiting for them to complete their own investigation. A strong defense is proactive, not reactive. The earlier we begin investigating, the more opportunities there are to find key evidence, preserve witness testimony, and influence how the case develops. Acting quickly can make the difference between a conviction and a dismissal, or between a felony and a reduced charge.
Throughout this process, I make it a priority to keep my client fully informed. Facing criminal charges is one of the most stressful experiences a person can go through, and uncertainty only makes it worse. I communicate clearly and often, explaining what’s happening, what’s coming next, and what we’re doing to move the case forward. Clients should never feel left in the dark or wonder whether their attorney is working for them. I make sure they know I’m on it from day one.
In short, my immediate response after an arrest is hands-on, thorough, and fast-moving. I focus on understanding my client’s story, explaining the process, forming a clear defense strategy, engaging with the prosecution early, and launching an independent investigation. It’s a proactive approach designed to protect my client’s rights, control the narrative, and build the strongest possible defense from the very start.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is different, and you should consult a qualified criminal defense attorney about your specific situation.