New York Criminal Lawyer

What happens after an arrest in New York?

After an arrest, law enforcement officers generally transport the accused person to a police precinct or booking facility. In New York City, many defendants are processed through Central Booking before arraignment in criminal court. During this process, police prepare paperwork, fingerprint the accused, and submit information to prosecutors.

Under New York Criminal Procedure Law § 140.20, an arrested person must generally be brought before a local criminal court “without unnecessary delay.” During arraignment, the judge informs the defendant of the charges and determines release conditions, bail, or remand.

At arraignment, prosecutors may:

• Request bail
• Ask for an order of protection
• Seek remand in qualifying cases
• Announce that the case will proceed before a grand jury

Through your experienced New York criminal defense lawyer, you may:

• Challenge the legal sufficiency of the charges
• Request release without bail
• Raise medical or employment concerns
• Raise constitutional and procedural issues early in the case
• Seek access to discovery material

In many cases, the arraignment is the first opportunity for the defense to address the allegations before the court and advocate for the accused person’s rights and release conditions. We immediately evaluate the allegations, the arrest procedures, the client’s background, and possible defenses so that we can advocate effectively from the start.

What rights do I have after being arrested?

Both the United States Constitution and the New York Constitution provide important protections for people accused of crimes.

The Fifth Amendment protects against self-incrimination. The Sixth Amendment guarantees the right to counsel. The Fourth Amendment protects against unreasonable searches and seizures. Article I of the New York Constitution also provides protections in criminal cases.

One of the most important criminal procedure decisions is Miranda v. Arizona, 384 U.S. 436 (1966), which requires police to advise suspects of certain constitutional rights before custodial interrogation.

People accused of crimes generally have the right to:

• Remain silent
• Speak with an attorney
• Refuse consent to certain searches
• Challenge unlawfully obtained evidence
• Receive discovery material
• Confront witnesses
• Demand a trial
• Require the prosecution to prove guilt beyond a reasonable doubt

In many cases, police officers attempt to obtain statements before formal charges are filed. Sometimes officers tell people they are “just trying to clear things up” or claim that cooperation will help them avoid arrest. Statements made during these encounters can later become evidence in court.

As experienced New York criminal defense lawyers, we often advise people during the investigation stage before charges are filed. Early legal representation can sometimes prevent additional charges, reduce exposure, or avoid damaging statements.

What is the difference between a misdemeanor and a felony?

New York classifies criminal offenses as violations, misdemeanors, and felonies. The classification of a charge affects possible jail or prison exposure, probation eligibility, immigration consequences, firearm rights, and the long-term impact of a conviction.

Misdemeanors are less serious than felonies, but they can still carry jail time and create lasting consequences. In New York, misdemeanors are generally classified as either Class A misdemeanors or Class B misdemeanors. Class A misdemeanors may carry sentences of up to one year in jail, while Class B misdemeanors carry shorter potential jail sentences. Common misdemeanor charges include petit larceny, misdemeanor assault, criminal possession of stolen property in the fifth degree, and some DWI offenses.

Felonies are more serious offenses and may result in state prison sentences. New York felony charges range from Class E felonies to Class A felonies. Sentencing exposure depends on the classification of the offense, criminal history, whether a weapon was involved, and other statutory factors. Some felony convictions, particularly violent felony offenses, carry mandatory state prison sentences.

We represent clients facing felony charges such as: 

• Gun crimes
• Drug crimes
• Sex crimes
• Theft crimes
• Violent crimes
• White collar crimes

Whether a person is charged with a misdemeanor or a felony, it is important to speak with an experienced New York criminal defense lawyer as early as possible. In many cases, early legal intervention can help protect constitutional rights, preserve evidence, challenge unlawful police conduct, and place the defense in a stronger position moving forward.

Will I be required to put up bail?

You might be required to put up bail, depending on the charges and your criminal history. However, New York’s bail laws changed substantially in recent years. Under Criminal Procedure Law § 510.10, judges may only set bail in qualifying cases.

In some situations, defendants must be released on their own recognizance or under non-monetary conditions. In other cases, judges may set cash bail, insurance company bonds, partially secured bonds, or electronic monitoring conditions.

When addressing bail issues, courts may consider:

• The charges filed
• Prior court appearances
• Pending criminal matters
• Ties to the community
• Employment and family responsibilities
• Whether the person is likely to return to court

In New York City, pretrial detention can create enormous pressure to accept plea offers simply to get out of custody. People held at facilities on Rikers Island may face difficult conditions while their cases remain pending.

When handling bail proceedings, we gather records, family information, employment documentation, and other materials that may support release or lower bail conditions. Because bail decisions can affect a person’s ability to work, care for family members, and assist in preparing a defense, it is important to contact an experienced New York criminal defense lawyer as early as possible.

What is a grand jury in New York?

In many felony cases, prosecutors present evidence to a grand jury while the case is pending in criminal court. A grand jury is a group of citizens who listen to evidence presented by the prosecution and decide whether there is enough evidence to issue an indictment. An indictment is a formal accusation charging someone with a felony offense.

Grand jury proceedings are different from criminal trials. The prosecutor presents evidence and calls witnesses, but the defense generally does not present witnesses or cross-examine the prosecution’s witnesses during the proceeding. However, under New York law, defendants often have the right to testify before the grand jury.

Deciding whether to testify before a grand jury can be a major strategic decision. In some situations, testimony may help avoid indictment or reduce charges. In other cases, testifying may expose the defendant to damaging statements that prosecutors later use in court.

Before advising a client whether to testify, we carefully evaluate:

• The prosecution’s evidence
• Prior statements made to law enforcement
• Possible credibility issues
• Exposure to additional charges
• Whether immunity issues may arise
• How testimony could affect the defense later in the case

Grand jury proceedings are especially important in serious felony cases involving violent crimes, gun offenses, financial crimes, and homicide allegations. Because decisions made during this stage can significantly affect the direction of a criminal case, it is important to contact an experienced New York criminal defense lawyer as early as possible.

What happens during plea negotiations?

Most criminal cases in New York are resolved through plea negotiations rather than trial. During plea discussions, prosecutors and defense attorneys may negotiate reduced charges, reduced potential penalties, diversion programs, probation, treatment alternatives, or other negotiated resolutions.

In some situations, prosecutors may agree to dismiss charges after counseling, treatment, restitution, or completion of other conditions. In other cases, prosecutors may insist on felony pleas, jail sentences, or strict probation terms.

Before accepting any plea offer, it is important to understand the long-term consequences of a conviction. Just like a guilty finding after a trial, a plea agreement may impact:

• Immigration status
• Professional licensing
• Firearm rights
• Employment opportunities
• Housing opportunities
• Educational opportunities

In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court recognized the importance of advising criminal defendants about immigration consequences connected to guilty pleas.

Not every plea offer is a good resolution. Because plea negotiations can significantly affect a person’s future, it is important to speak with an experienced New York criminal defense lawyer before accepting any negotiated disposition.

What happens if a criminal case goes to trial?

If a criminal case goes to trial, the prosecution has the burden of proving guilt beyond a reasonable doubt. A defendant is presumed innocent unless and until the prosecution proves the charges in court. Criminal trials can last anywhere from a single day to several weeks depending on the seriousness and complexity of the allegations.

Criminal trials may involve:

• Jury selection
• Opening statements
• Witness testimony
• Cross-examination
• Expert witnesses
• Defense motions asking the court to dismiss charges
• Closing arguments
• Jury deliberations

Defense strategy depends on the facts of the case. In some situations, the defense may challenge identification evidence. In other cases, the focus may involve intent, credibility, self-defense, unlawful police conduct, forensic issues, or lack of proof. New York recognizes justification defenses in certain situations under Penal Law Article 35.

Trial preparation often involves:

• Interviewing witnesses
• Reviewing electronic evidence
• Consulting experts
• Examining forensic testing
• Investigating police conduct
• Preparing cross-examination strategies

Many criminal cases look very different after a detailed investigation and aggressive motion practice. Evidence may become weaker over time, witnesses may give inconsistent statements, or constitutional issues may arise that affect what evidence prosecutors can use at trial. Because trial preparation often begins long before a jury is selected, it is important to contact an experienced New York criminal defense lawyer as early as possible.

What happens if I get convicted of a crime in New York?

If you get convicted of a crime in New York, there can be serious short-term and long-term consequences. Depending on the charges, penalties may include jail, prison, probation, fines, restitution, or other court-imposed conditions. Even a misdemeanor conviction can affect a person’s employment opportunities, housing applications, professional licensing, immigration status, and reputation. Felony convictions can carry even more serious consequences.

Potential penalties in a New York criminal case may include:

• Incarceration A criminal conviction may result in jail or prison time depending on the severity of the offense, criminal history, and other factors. Some offenses carry mandatory minimum sentences under New York law. Repeat offender statutes may also increase sentencing exposure, particularly in cases involving prior felony convictions.

• Probation. Probation allows a person to remain in the community under court supervision instead of serving a jail or prison sentence. Conditions of probation may include reporting requirements, drug testing, counseling, travel restrictions, and compliance with court orders.
• Community service. Courts may require a defendant to complete a certain number of hours performing unpaid work for community organizations or government programs. Community service is sometimes imposed as part of probation, a conditional discharge, or a negotiated plea agreement.
• Conditional discharge. A conditional discharge allows a person to avoid incarceration as long as they comply with specific court-imposed conditions for a designated period of time. Violating those conditions can result in additional penalties or resentencing.
• Fines. Courts may impose financial penalties in addition to other criminal sentences. In some cases, fines can total thousands of dollars depending on the charges and circumstances.
• Restitution. A defendant may be ordered to compensate an alleged victim for financial losses connected to the offense. Restitution can include property damage, medical expenses, or other out-of-pocket losses.
• Driver’s license consequences. Certain convictions may result in license suspension, revocation, or restrictions. These consequences are especially common in DWI cases and some drug-related offenses.
• Sex offender registration requirements. Some convictions, particularly certain sex offense convictions, may require registration under New York’s Sex Offender Registration Act (SORA). Registration requirements can continue for many years and may affect housing and employment opportunities.
• Deportation. Non-citizens convicted of certain crimes may face immigration consequences including removal proceedings, denial of naturalization, or inadmissibility. Even some misdemeanor convictions can create serious immigration problems.
• Loss of professional licenses. Criminal convictions may affect professional licenses held by nurses, teachers, lawyers, financial professionals, healthcare workers, and other licensed professionals. Licensing boards may suspend, revoke, or deny renewal of a professional license based on a conviction.

In addition to direct criminal penalties, a criminal conviction can affect many other areas of a person’s life. Convictions may make it harder to obtain housing, qualify for student financial aid, secure employment, maintain professional licenses, or receive certain public benefits. Criminal convictions can also affect immigration proceedings and may become an issue in child custody or family court matters.

Many people focus only on whether they will go to jail, but the long-term consequences of a conviction can continue for years after a case ends. Because the stakes in a criminal case can be extremely high, it is important to contact an experienced New York criminal defense lawyer as early as possible.

Can Criminal Records Be Sealed in New York?

A criminal record cannot generally be erased or expunged in New York. However, New York law does allow certain criminal records to be sealed in some situations.

Under Criminal Procedure Law § 160.50, records are generally sealed after the favorable termination of a criminal case, such as a dismissal, acquittal, or certain other non-conviction outcomes. Under Criminal Procedure Law § 160.59, some people with limited criminal convictions may apply to have eligible convictions sealed after meeting waiting periods and other statutory requirements.

Not all convictions qualify for sealing. Many violent felonies, sex offenses, and other serious crimes are excluded under New York law. Even when sealing is available, there may still be situations where law enforcement agencies, licensing agencies, or certain employers can access sealed records.

Having a criminal record sealed may help reduce barriers involving employment, housing, education, and professional licensing. Because the eligibility requirements can be complicated, it is important to speak with an experienced criminal defense attorney in New York about whether sealing may be available in your case.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

Criminal charges can affect nearly every part of a person’s life, including employment, family relationships, immigration status, professional licensing, and freedom. Whether you are under investigation, have been arrested, or are already facing prosecution in court, it is important to speak with an experienced criminal defense attorney serving New York as early as possible. We represent clients facing misdemeanor and felony charges throughout New York, including cases involving violent crimes, drug offenses, gun charges, DWI, theft crimes, sex offenses, white collar crimes, domestic violence allegations, and other serious criminal matters.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.