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New York Criminal Lawyer
Our Law Firm’s criminal defense attorneys have a combined 100+ years of legal and law enforcement experience. Our team of NYC defense attorneys is comprised of a variety of highly skilled counsel including former prosecutors from the District Attorney’ s offices in New York City and Long Island as well as law enforcement. Our Firm’ s has successfully handled criminal cases throughout New York City and Long Island including; Manhattan, Brooklyn, The Bronx, Queens, Staten Island and on Long Island in both Nassau County and Suffolk County, as well as in Westchester County.
Whether it's New York City, Long Island (Nassau County or Suffolk County) or Westchester County, all of the Criminal Courts follow the New York Criminal Procedure Law and New York Penal Law. Whether you are facing DWI criminal charges in New York State Court or are facing criminal charges for securities fraud in a U.S. Federal Court sitting in New York, each attorney and Federal Criminal Court Defense Lawyer in our office has extensive experienced and is highly skilled. With that in mind, our New York criminal attorney pooled their resources and put together this website to give you some valuable information to use, if you are or a loved one are a criminal defendant involved in the New York Criminal Court System.
Each criminal defense attorney in our office wants you to understand that there are two important aspects of the US and NY Criminal Justice System to remember. First, the presumption that a criminal defendant charged with a crime is innocent and second that the burden is on the Office of the New York District Attorney or US Attorney to prove the criminal defendant is guilty of the criminal charge; beyond a reasonable doubt. Below you can read a step - by - step guide through the procedure of a criminal case inNew York. Additionally, we have included valuable information with regard to The New York Criminal Courts including phone numbers so you can contact The Court in your time of need. An attorney from our office is also available 24 / 7 if someone is arrested and in police custody to help you as well.
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- Step 9
Step 1 - The Arrest
A New York or Federal law enforcement officer can arrest a person if that officer believes there is a probable cause that the suspect has committed a Criminal Act. All New York Criminal cases start with an arrest, whether it 's for a Sex Crime, a Drug Possession or Drug Crime, a DWI, Domestic Violence, a White Collar Crime, an Assault, a Robbery, a Burglary, a Gun Crime or Murder.
An Arrest Can Take Place In One Of Two Ways
Firstly, the police go out and physically arrest you and bring you back to the precinct. (New York Law Enforcement officials working with other states do have the right to go outside New York State to have a criminal suspect arrested and brought back to New York.)
Secondly, the criminal suspect surrenders voluntarily; usually the police will call the suspect and ask him or her to come down to the precinct. Be sure to bring your New York Criminal Lawyer with you even if the police say they just want to question you. Often it is a guise and you will be arrested. Therefore, bringing your Criminal Lawyer with you will ensure that you make no statements to the police about the incident, which can compromise you or your case.
Step 2 - Transfer To Central Booking
Unless you receive a DAT (Desk Appearance Ticket), the police will bring the criminal defendant to Central Booking where fingerprints and photographs are recorded. The police will "run" this information to determine whether the defendant has a prior criminal history. A Criminal Lawyer is not allowed to accompany criminal defendants through the Central Booking process. Simultaneously, the defendant will be processed in Central Booking and the paper work from the police, listing the crime or crimes, will ultimately result in the arrest charges. This paperwork will be sent to the Office of the District Attorney. The New York Assistant District Attorney will evaluate the case and make a determination with regard to the crime and whether the Criminal Charge should be raised or reduced and whether or not additional criminal charges should be brought or the criminal charges should be dismissed. After the District Attorney has completed his/her paper work and the criminal defendant has been processed, the defendant will be "Court Ready" and will be taken to Criminal Court for the Arraignment.
Step 3 - Criminal Court Arraignment
The Criminal Defendant has a Constitutional right to have an attorney to defend him/her at an Arraignment. The purpose of the Arraignment in New York State Court is to let the defendant know what Crime or Crimes the District Attorney is bringing against the criminal defendant and their right to enter a plea of not guilty (you are innocent until proven guilty). The Arraignment also protects your right to a trial by jury (if necessary) and allows the parties to discuss your bail status.
After hearing oral argument from your lawyer and office of the District Attorney the New York Criminal Court Has Three Options:
- Require bail or bond, which must be paid in order for the criminal defendant to be released.
- Set no bail and allow the criminal defendant to ROR'D which means Release On Your Own Recognizance.
- Remand the criminal defendant in which case no bail is set and the Court can hold the defendant in custody; generally until bail is posted or until the conclusion of the case.
At the conclusion of the Arraignment, the defendant is given a new court date.
Beware that New York State Arraignments are held in different locations and the location depends on the County in which the Crime was perpetrated.
For more details about each County in New York and their practices during and after an arraignment, check the following pages on our website:
New York Arraignment Lawyers
Nassau County Criminal Lawyer , Queens Criminal Lawyer, NYC Criminal Lawyer , NY Criminal Lawyer, Bronx Criminal Lawyer , Brooklyn Criminal Lawyer, Westchester Criminal Lawyer and Long Island Criminal Lawyer which includes both Nassau County and Suffolk County.
If you have been charged with a misdemeanor skip to step 6.
Step 4 -Grand Jury Actions
When the criminal defendant returns to court for a Felony case, assuming a Plea Bargain has not been reached, between your defense lawyer and the District Attorney the case goes to the Grand Jury. In New York the Grand Jury consists of 16-23 people who determine whether a crime has been committed and if the criminal defendant was responsible for the commission of the crime. It is important to note that this is not a vote of innocence or guilt with regard to the crime. Moreover, this process determines whether or not there is enough evidence for the case to proceed. In the Grand Jury, the District Attorney is allowed to present his case and witnesses with no cross-examination for the Criminal Defense Lawyers. Further, while the criminal defendant is allowed to testify, his
A lawyer is not allowed to make an opening or closing statement nor call witnesses or cross examine the witnesses of the District Attorney. Additionally, there is no Judge directly involved. This loose procedure makes it relatively easy to indict a criminal defendant. In fact, a former New York Court of Appeals Chief Justice stated that a New York District Attorney could indict a ham sandwich if he wanted to.
Step 5 - Arraignment On The Indictment
If the Grand Jury votes and indicts the case, then the New York Criminal Court is required to arraign the defendant on the Indictment. This Arraignment is very similar to the original Arraignment the defendant went through in Criminal Court where both the District Attorney and the New York Criminal Defense Attorney are present and the Judge has the right to raise or lower bail, set bail for the first time or remand the criminal defendant.
Step 6 - Motion Schedule
In New York, whether the case is a Felony or Misdemeanor, the Judge sets a Motion Schedule. The purpose of a Motion is to ask the Criminal Court to do something with the ultimate goal of narrowing the Issues of Law before a case goes to trial. For example, in a DWI case someone is pulled over and arrested. If someone wasn 't given his or her Miranda Warnings (you have the right to remain silent...) and the criminal defendant made a statement, your criminal lawyer can ask the Court in a Motion to grant a hearing to suppress the statement called a Huntley Hearing. If the Court grants your request to have the hearing, the hearing is held and the Judge determines whether or not your statement will be admitted as evidence in the Criminal Court Case.
Of course, the District Attorney can contest your request for a hearing in a Motion of his own. Many times in Criminal Cases your Criminal Lawyer and the District Attorney try to resolve your Criminal Case without a trial. This is called a Plea Bargain. Very often this induces the District Attorney to reduce the Criminal Charge against the criminal defendant. Normally, if a fair deal is reached between the District Attorney and the Criminal defense lawyer, what follows will be a discussion between the Criminal Defense Lawyer and the criminal defendant. After the Criminal Defendant discusses the offer with his/her Criminal Defense Lawyer, it's probably a good idea to accept the Plea Bargain and avoid the unnecessary risk of a trial. In exchange, the District Attorney gets a conviction after the defendant pleads guilty to the reduced charges. Usually, there is a discussion between the Judge, the Criminal Lawyer and the District Attorney with regard to the Plea Bargain to insure that the sentence is acceptable to all parties, as the Judge must approve of all Plea Deals.
Step 7 - Trials Of The Issues
If no Plea Bargain has been agreed to, the next step is a trial. There are two types of criminal trials in New York State. The first is a Bench Trial where the Judge decides the case . The second type of criminal trial in New York is called a trial by jury. This is where the Jury decides the outcome of the criminal case .
A criminal trial in New York State is the opportunity for the District Attorney and the lawyer to put forward their cases and allow the Judge or the Jury to reach a verdict.
Remember the burden of proof is on the District Attorney. The District Attorney has to prove the defendant committed the crime and is guilty of the criminal charge(s) beyond a reasonable doubt. If the District Attorney fails to prove the defendant 's guilt to this standard, then District Attorney should not get a conviction from the Jury. Thus, the defendant is acquitted (found not guilty) and the case is over and the criminal defense lawyer and his/her client have won. In theory, if the District Attorney does not make out a prima facia case for the crime they are alleging, the criminal defendant's New York Criminal Attorney does not have to say a word and the criminal defendant should be acquitted of the crime or crimes.
Step 8 - Sentencing
In New York, if the defendant is found guilty after trial or pleads guilty after a plea bargain, the Judge makes the determination of the sentence. On sentencing day, the criminal defendant is brought before the Judge with their Criminal Lawyer and District Attorney present. The Criminal Lawyer, the District Attorney and the criminal defendant are all given the opportunity to speak before the Judge imposes his / her sentence. The Judge 's sentence may include incarceration, fines, probation, community service, treatment programs, conditional discharge or any combination thereof.
Step 9 - Appeals
At the conclusion of sentencing, the criminal defendant and his/her Criminal Lawyer will decide whether or not the criminal case should be appealed. There are a variety of issues that can be appealed; mistake in law, admissibility of evidence and the length of sentence are just a few. Generally, New York Criminal Lawyers appeal Criminal Cases as a result of a mistake. Just remember your Notice Of Appeal must be filed within 30 days of sentencing. Moreover, be aware that the District Attorney can oppose any appeal you file in New York State.
If you are currently under a Criminal Investigation in New York or have been charged with a crime or crimes, our New York Criminal Defense Lawyers can help protect you and your rights in both New York State Court and in the Federal Court sitting in New York. Our attorneys may be aggressive in Court but will be patient with you and listen to you and your needs. Each New York Criminal Defense Attorney in our office understands that you are scared, confused and are in need of a Criminal Lawyer to help you and that is why we offer a free consultation. At the free consultation you can meet with a New York Criminal Lawyer or a New York Federal Criminal Attorney in our office to discuss possible strategies and defenses to your New York criminal case. A Criminal Lawyer from our office can meet you at one of our convenient locations in New York City, including Manhattan, Brooklyn, Queens, Bronx or on Long Island including both Nassau County and Suffolk County.
Please find below a list of the Criminal Courts in New York City and Long Island. We have included phone numbers for the Criminal Court, the Police Department and Central Booking for the jurisdiction in the corresponding County.
New York County (Manhattan) NYC
NY Criminal Court (212) 374-5880
NY Central Booking (212) 374-5818
Office of the New York District Attorney
Kings County (Brooklyn) NYC
Criminal Court (718) 643-5675
Central Booking (718) 935-9210
Office of the Brooklyn District Attorney
Bronx County, NY
Bronx County Central Booking (718) 590-2817
Bronx County Criminal Court (718) 590-2886
Office of the Bronx District Attorney
Queens County, NY
Queens Central Booking (718) 268-4523
Queens County Criminal Court (718) 520-1985
Office of the Queens District Attorney
Richmond County (Staten Island) NYC
Staten Island Criminal Court (718) 390-8400
Staten Island Central Booking (718) 876-8493
Office of the Staten Island District Attorney
Long Island Criminal Court information
Nassau County Police Headquarters (516) 573-7100
Nassau County District Court Arraignments (516) 572-2199
Office of the Nassau County District Attorney (516) 571 3800
Suffolk County Criminal Court (631) 853-7500
Suffolk County Police Headquarters (631) 852-6000
Office of the Suffolk County District Attorney (631) 853 4161
Our criminal defense attorneys offer skilled and aggressive representation to a wide variety of individuals or businesses. We represent those who are either under Criminal Investigation or who are facing a Criminal Charge in NY or Federal Court sitting in New York.
Our defense lawyers handle cases in NYC including New York (Manhattan), Queens, Brooklyn (Kings County) Staten Island (Richmond County), The Bronx, Long Island, including Nassau County and Suffolk County and Westchester.
Every criminal lawyer in the firm is experienced in assessing the particulars of an individual case as well as dealing with the many different issues that often come up in the New York Criminal Procedure Law and New York penal code as well as Federal Criminal Law.
Below please find a brief list of some of the types of Criminal Cases in which our Criminal Attorneys can provide help and advice: Murder, Drug Possession and Drug Crimes, Sex Crimes, Child Pornography, Domestic Violence, White Collar Crimes including Securities Cases, Bank Fraud and Money Laundering, Stalking, Kidnapping, Robbery, Assault, Violation of Probation and Parole Violation and Weapons Possession including Gun Crimes. If you would like to read more about these types of cases please follow the above links.
If you are currently under investigation or have been charged with a crime, every attorney in our firm stands ready to help protect you and your rights under the Constitution of both United States and New York State. So call Stephen Bilkis & Associates, PLLC at 1.800.NY.NY.LAW (1.800.696.9529) or contact us online for a free consultation.