Criminal Defense Lawyer For New York City and Westchester

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Being arrested or charged with a crime can be scary and confusing. If this has happened to you or someone you love, you may not know what to do next. This page will explain what you need to know about criminal charges in New York and how a lawyer can help. 

A criminal case happens when the government says someone broke the law. The government is called the "prosecution." The person being charged is the "defendant."

There are different kinds of criminal charges. Some are less serious. Others are more serious and can lead to longer jail time. No matter the charge, it is important to take it seriously and get help from a lawyer.

In New York, crimes are divided into two main types:

1. Misdemeanors
2. Felonies

Misdemeanors are less serious than felonies. But they can still cause big problems. A misdemeanor can lead to up to 364 days in jail (just one day short of a full year). Some examples of misdemeanors include:

• Petit larceny (such as shoplifting) 
• Assault (like a bar fight)
• Trespassing
• Possession of a small amount of drugs

Felonies are more serious. They can lead to more than one year in prison. Some examples include:

• Robbery
• Burglary
• Gun possession
• Selling drugs
• Assaults with a Weapon 
• Homicide (killing someone)

Whether you are charged with a misdemeanor or a felony, it is important to have a lawyer who knows the law and will fight for you.

In the United States, if you are accused of a crime, you have rights. These rights are there to protect you. Here are some of your most important rights:

• The right to remain silent: You do not have to talk to the police. Anything you say can be used against you.
• The right to a lawyer: You have the right to speak to a lawyer and have them with you during questioning.
• The right to a fair trial: You have the right to have your case heard by a judge or jury.
• The right to know the charges against you: You must be told what you are being charged with.
• The right to be free from unfair searches: The police usually need a warrant or a good reason to search you or your things.

If your rights are not respected, your lawyer can ask the court to take action. This may include throwing out evidence or even dismissing the case.

An arrest happens when the police take you into custody because they believe you broke the law. This may happen after a traffic stop, a call to 911, or an investigation.

When you are arrested, the police will:

• Take your name and information
• Search you for weapons or drugs
• Bring you to the police station
• Take your fingerprints and photograph (called "booking")

You might spend a few hours or more in the police station. Sometimes you may be let go with a court date. Other times, you may stay in custody until you see a judge.

In some cases, especially for low-level crimes, the police may not keep you in jail. Instead, they may give you a piece of paper called a Desk Appearance Ticket, or DAT.

A DAT tells you:

• What you are being charged with
• When and where you must go to court

Just because you get a DAT does not mean the charges are not serious. You still need a lawyer to help you prepare for court.

Your arraignment is your first court appearance. This usually happens within 24 hours after your arrest. If you were given a DAT, your arraignment may be weeks later.

At the arraignment:

• You will be told the charges against you
• You will be asked to plead guilty or not guilty
• The judge may set bail or let you go home without bail
• The judge will set your next court date

Your lawyer will speak for you and help you understand what is happening. This is why it is important to have a lawyer before arraignment.

After the arraignment, your case goes through several steps. These may include:

• Pre-trial hearings: The judge may hear arguments about evidence or legal issues.
• Discovery: The prosecution must share the evidence they have against you.
• Plea negotiations: Your lawyer may talk to the prosecutor about a possible deal.
• Trial: If you do not take a deal, your case may go to trial.
• Sentencing: If you plead guilty or are found guilty, the judge will give you a sentence.

Not every case goes to trial. Many cases are resolved with a plea deal or are dismissed. Your lawyer will help you decide the best path for your case.

Here is a simple breakdown of the steps in a criminal case:

1. Investigation: Police look into a possible crime.
2. Arrest or DAT: You may be taken into custody or given a ticket.
3. Arraignment: Your first court date where charges are read.
4. Pre-trial process: Motions, hearings, and negotiations happen.
5. Trial: If no deal is made, the case goes before a judge or jury.
6. Verdict: You are found guilty or not guilty.
7. Sentencing: If found guilty, the judge decides the punishment.

This process can take weeks, months, or longer depending on the case.

A criminal defense lawyer is there to protect your rights and help you through the legal system. Here are some ways your lawyer helps:

• Explains the charges and process so you understand what is going on
• Talks to the prosecutor and works to get charges reduced or dismissed
• Fights to keep you out of jail or helps lower your bail
• Builds your defense by investigating your case and finding helpful evidence
• Speaks in court on your behalf
• Protects your rights if the police or prosecutors did something wrong

A good lawyer listens to you, takes your case seriously, and works hard to get the best result possible.

Facing criminal charges is hard. It can affect your job, your family, and your future. But you do not have to face it alone. With the right lawyer by your side, you can feel more confident and prepared.

If you or a loved one has been charged with a crime in New York, contact our office today. We are ready to fight for you with compassion, skill, and care.