Criminal Defense Services Under Federal and New York Law

Criminal defense is a broad area of law and can include both state and federal criminal charges. New York and federal laws related to criminal law and procedure are complicated and require a skilled defense attorney to properly navigate through the process. New York Criminal Defense attorney Eric Sears has built his practice on defending those arrested and accused of a crime, be it under New York or federal law. He has the experience and ability to provide an aggressive defense for a client arrested and charged with any of the following criminal offenses/matters:

• White Collar Fraud, Embezzlement, RICO, Medicare/Medicaid Fraud, Drug Offenses including Conspiracy, Possession, Sales, Manufacturing and Transportation
• Murder – All Degrees, Voluntary Manslaughter, Involuntary Manslaughter
• Weapon/Firearm Charges
• Assault, Battery, Assault With a Dangerous Weapon and Other Crimes of Violenc
• Arson, Vandalism, Criminal Mischief and All Other Property Crimes
• Theft Charges, Employee Theft, Burglary, Robbery, Petty Theft
• Rape, Sexual Assault, Sexual Acts Involving Minors and All Other Sex Offenses
• Domestic Violence, Spousal Abuse, Temporary/Permanent Restraining Orders
• Vehicular Manslaughter; Negligent Homicide
• Money Laundering, Insurance Fraud, Mail Fraud, Wire Fraud
• Grand Jury Proceedings
• Motions to Withdraw Guilty Pleas, Motions to Terminate Probation
• Defense Pre-sentence reports
• Probation Violations, Parole Hearings, Sentencing Hearings
• State and Federal Criminal Appeals
• Civil lawsuits related to criminal matters:  false arrest, false imprisonment, police brutality

Contact Eric Sears if you have been arrested and charged with a crime, whether listed above or not, or if you need any additional information.

If you or someone you know in New York City or a surrounding area including Brooklyn, Manhattan, Queens, Staten Island, the Bronx, Westchester County, or Long Island has been arrested or charged with a crime and needs the assistance of an experienced criminal defense lawyer, call Eric M. Sears today at 866-739-9904, or complete the contact form provided on this site to schedule a consultation.

LAW OFFICE OF ERIC M. SEARS, P.C.

61 Broadway, Suite 1601
New York, NY 10006
Phone:  866-739-9904

BIOGRAPHY:   Eric M. Sears

An Experienced Criminal Defense Lawyer Fighting For Your Rights

As a New York Criminal Defense attorney for over 25 years, Mr. Sears has represented clients in a wide variety of cases, including murder, armed robbery and other crimes of violence, drug conspiracies, street level drug sales, sexual assault and family violence, as well as white collar, fraud and money laundering cases. He represents clients both at the trial level and on appeal, and is active in both NYS and Federal jurisdictions. In conjunction with his criminal practice, Mr. Sears also represents clients in civil rights, false arrest and police brutality cases.

With degrees from Princeton  University and Columbia University Law School, several years as a prosecutor in New York City, and 25 years in private practice, Mr. Sears brings to his clients' cases a unique combination of education, training and experience.  Mr. Sears gives each client, and each case, his personal attention at every stage of the proceedings, from initial consultation through arraignment, motion practice, plea discussion, trial and appeal. Mr. Sears has an intimate understanding of the methods and practices of his courtroom adversaries, enabling him to more effectively fight for his clients and prepare the defense.

Among Mr. Sears' distinctions are his certification as lead counsel under the NYS death penalty statute, his appointment to the Homicide Panel of the Assigned Counsel Plan, his appointment to the Central Screening Committee of the Assigned Counsel Plan by the Presiding Justice of the NYS Appellate Division in the First Department, and his appearance as guest lecturer in Trial Practice at both Colombia University and Fordham University law schools. Mr. Sears is a member of the New York State Association of Criminal Defense Attorneys.

Bar Admissions:

• New York, 1975
• U.S. District Court Eastern District of New York, 1977
• U.S. District Court Southern District of New York, 1977
• U.S. Court of Appeals 2nd Circuit, 1980
• U.S. Supreme Court, 1978

Education:

• Columbia Law School, New York, New York, 1974, J.D.
• Princeton University, Princeton, New Jersey, 1969, B.A.

Classes/Seminars Taught:

• Guest Lecturer - Trial Advocacy, Colombia University Law School
• Guest Lecturer - Trial Advocacy, Fordham University Law School

Professional Associations and Memberships:

• Queens County, 1974-1977, Assistant District Attorney
• United States District Court, Southern District of New York, Panel Attorney, Criminal Justice Act
• Homicide and Felony Panels, Appellate Division
• Assigned Counsel Plan, Member, Central Screening Committee

Criminal Law

Civil law involves private law suits between two or more private individuals, businesses or other legal entities. Criminal law involves a private individual and the state of New York or the United States federal government. In a criminal case, criminal charges are filed by the State of New York or by the federal government through a prosecutor. Another important distinction between civil law and criminal law is the standard of proof that is required by the law. In order to prevail in a civil case, the plaintiff must demonstrate by 51% that the defendant is responsible for the plaintiff’s injuries. In criminal law, the prosecutor must prove beyond a reasonable doubt that the person charged with the crime actually committed the crime. This standard is much higher than the civil standard.

Criminal defense lawyers represent individuals who are being prosecuted by the State of New York or by the federal government for an act that has been classified as a crime. What constitutes a crime is defined in the New York penal code and by federal statutes. Statutes are rules or laws that define what type of conduct is illegal. Crimes are generally classified as “misdemeanors” (less serious offenses that are normally punishable by up to one year imprisonment and/or a fine like some traffic violations, petty theft cases, or possession of a small amount of marijuana) or “felonies” (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault with a deadly weapon, or homicide/murder). Criminal defense lawyer Eric Sears has successfully negotiated and litigated both misdemeanor and felony crimes. He is highly experienced in defending New York clients against both state and federal criminal charges.

If you or someone you know in New York City or a surrounding area including Brooklyn, Manhattan, Queens, Staten Island, the Bronx, Westchester County, or Long Island has been arrested or charged with a crime and needs the assistance of an experienced criminal defense lawyer, call Eric M. Sears today at 866-739-9904, or complete the contact form provided on this site to schedule a consultation.

Miranda FAQ's

What is a Miranda warning?

A Miranda warning advises individuals of their constitutional right to remain silent and to refrain from answering any questions.  A Miranda warning also advises individuals of their right to have a lawyer present before answering any questions.

If I am not under arrest, do I have to answer a police officer’s questions?

No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

EXAMPLE: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:

          Officer Doright: Hey, excuse me; I would like to ask you a few questions. 
          Tommy: Umm, ok, what is this about? 
          Officer Doright: I’m investigating a robbery that happened a few days ago, I thought that you might be able to give me some information. 
          Tommy: I just got back in town today from Europe; I really don’t think that I can help. 
          Officer Doright: You say you just got back, that’s interesting because you fit the description of the robber that the bank teller provided. 
          Tommy: Excuse me Officer, am I under arrest? 
          Officer Doright: Umm, well no, but if you have something that you would like to say about the robbery, I promise to help you out. 
          Tommy: No thank you Officer. Tommy then continues with his walk home from the airport.

Must a police officer always advise a person of their Miranda rights before asking a question?

No. The Miranda warning is only required during a custodial interrogation. This means that the individual being questioned is in actual custody or in an environment in which a reasonable person would not believe that he or she is free to leave.

For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a customer named Mary Smith may have seen the robber. When Officer Jones interviews Mary, they are standing at the exit of the supermarket.  During the interview, Mary makes incriminating statements regarding her participation in the robbery. Can Mary’s statements be used against her later, even though she was not given a Miranda warning? The answer is probably yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.

If I am in custody, how do I assert my right to remain silent?

A suspect who has been arrested need only say “I want to speak with a lawyer” or “I have nothing to say now.” If the police continue to question the suspect, the police have likely violated the suspect’s 5th and 6th Amendment rights. Anything that the suspect says after the violation will usually be inadmissible as evidence in court.

Can I waive my Miranda rights? 

Yes. If you have been arrested in New York and you have been advised of your right to remain silent and of your right to speak to an attorney, then anything that you say after can and most likely will be used against you in court.

But the police officer said that if I talked, he would help me out?

This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, how your case will progress and how you will be sentenced if found guilty, is up to the local, state or federal prosecutor handling your case, possibly a jury and the trial judge. Accordingly, if you are arrested and accused of a crime, it is best not to talk with anyone other than your criminal defense lawyer, otherwise, your case may be more difficult to defend.  It is almost always easier for a criminal defense lawyer to defend a case when the person charged has not given a statement to the police. 

If you or someone you know in New York City or a surrounding area including Brooklyn, Manhattan, Queens, Staten Island, the Bronx, Westchester County, or Long Island has been arrested or charged with a crime and needs the assistance of an experienced criminal defense lawyer, call Eric M. Sears today at 866-739-9904, or complete the contact form provided on this site to schedule a consultation.