Criminal Defense Frequently Asked Questions of
The New York Blanch Law Firm

The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting New York, New York criminal defense lawyer Ryan Blanch, you can receive a personal consultation regarding your specific criminal defense case.

If I am arrested, should I hire an attorney?

You may be entitled to a Court Appointed attorney at Public expense if you qualify as an indigent person. An indigent person is one who cannot hire an attorney without causing substantial hardship to himself/herself or dependent family. If you have been charged with a crime, you may complete an Affidavit of Indigence and Request for Court Appointed Counsel at your first court appearance. If you qualify, an attorney will be appointed for you. If you are convicted of a crime, the court may require you to repay some or all of the cost of your defense if it determines you are able.

What happens if I am arrested for breaking a criminal law?

If you are arrested for breaking a criminal law, the case is taken before a magistrate who issues a warrant if necessary and sets a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense with which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant enters a plea of guilty or not guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled.

Can police officers use force to arrest me?

A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.

Will I be fingerprinted or have to be in a line-up?

If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.

What happens at an arraignment?

A suspect has the right to be arraigned without unnecessary delay, usually within two court days, after being arrested. He or she appears before a judge who will read the offenses with which the suspect is officially being charged, they are informed of their constitutional rights and advised of applicable penalties. At the arraignment, an attorney is appointed in the event of financial hardship, and bail can be raised or lowered. A suspect may also ask to be released on personal recognizance at this time, even if bail was previously set.

If charged with a misdemeanor, a suspect pleads guilty or not guilty at the arraignment. Or, if the court approves, a suspect can plead nolo contendere, meaning the charges will not be contested. Legally, this is the same as a guilty plea, but it cannot be used against the suspect in a non-criminal case.

If misdemeanor charges are not dropped, a trial is held later in court of law. If charged with a felony, however, and the charges are not dismissed, the next step is a preliminary hearing.

What is bail?

Bail is money or other property that is deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.

What is a plea bargain?

Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged - all the way to trials doorstep. Usually, however, the best bargain can be obtained earlier rather than later in the process. And in many cases, it is a question that should be analyzed immediately so that good opportunities to settlement aren’t given up because of pride or inattention.

What happens after a criminal law conviction?

In most cases, after either a plea of guilty, or a finding of guilt after trial, the following options may be available for defendants:

Motion for new trial or Motion to withdraw guilty plea. These two motions must be addressed on a case-by-case basis, but both motions attempt to set aside the conviction.
Appeal. Again, the facts of each case must be examined to determine if one can bring an appeal and, if so, whether it would it have merit.
Modification of sentence. It is possible in some cases to come back before the sentencing judge and ask for modifications on some of the terms and conditions of probation.
Expungement. In some cases, after a person has successfully completed the terms and conditions of probation, it may be possible to appear before the court and have the conviction expunged or removed from their record.

What is a search warrant?

A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, there must be a showing of probable cause.

What is probable cause?

This is a difficult one. There is not a clear-cut rule establishing precisely what is and what isn't probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officer's hunch, with nothing more, will not satisfy the requirements.

Example: Officer Doright observes Tom and Dick walking down the street. Officer Doright has a hunch that Tom and Dick are up to no good. Armed with nothing more, Officer Doright goes to the local judge and attempts to get a search warrant for the boy's home. Should a judge grant the warrant? No. A police officer's hunch, with nothing more, will not satisfy the probable cause requirement. However, if Officer Doright observed Tom and Dick conduct a drug deal, then probable cause would likely exist for a warrant to search their home.

What happens at a bail hearing?

The accused is brought before a magistrate or judge when an arrest happens for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:

Recognizance - This is the defendant's written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
Unsecured Bond - This release pending court appearance is based on the defendant's written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
Ineligible for Bail - The defendant is denied a release pending court appearance.

If you or someone you know in New York, New York, or within the surrounding cities and counties of New York, needs the legal counsel or assistance of an experienced criminal defense lawyer, please contact domestic violence Attorney Ryan Blanch, today at 866-248-6421, or complete the contact form provided on this site to begin your consultation with a skilled New York criminal defense trial attorney.

Criminal Defense Frequently Asked Questions of The New York Blanch Law Firm

Criminal Defense Frequently Asked Questions of
The New York Blanch Law Firm