New York Criminal Defense Lawyer Frequently Asked
Questions
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
Howard H. Weiswasser, you can receive a personal consultation
regarding your specific criminal defense case.
What happens if I am
arrested for breaking a criminal law?
If you are arrested for breaking a criminal law, you are held for
an arraignment that usually occurs within 24 hours of the arrest.
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 fixes bail
conditions. If the defendant is denied bail or cannot post bail, he
or she may be incarcerated pending appearance in court. If bail is
posted, he or she will remain free pending subsequent court
appearances.
Is domestic violence a crime
punishable under criminal law?
Domestic violence is a crime subject to criminal punishment and
subject to restraint upon personal conduct. It is a frequent
pattern in domestic violence cases for the victim to be abused,
call the police, press charges, then reconcile with the abuser and
seek to have the charges dropped, only to have the entire process
repeated. Because of this, in some local communities and states,
domestic violence is now prosecuted as a crime by city and district
attorneys, even without charges being filed by the victim.
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 wll apply handcuffs to a defendant 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 is the role of the
judge in a criminal trial?
The judge in a criminal trial controls all legal proceedings in
the courtroom. The judge determines whether certain evidence is
admissible or not, and rules on preliminary matters and discovery
issues that the defense and prosecution may have. And before the
jury decides a case, the judge instructs the jury as to how they
must be lawfully guided through the decision process.
What is the role of the jury
in a criminal trial?
The jury in a criminal trial considers all aspects of the case for
as long as is needed in order to come to a unanimous decision. Once
a verdict is reached, it is presented to the defendant in court. A
jury may find a person guilty of all, some or none of the crimes
charged in a criminal trial. In some cases, depending on the
evidence presented and the nature of the instructions given by the
Court to the jury, a jury can convict a defendant of a lesser crime
than initially charged. If the jury presents a not guilty verdict,
the proceedings are over and the jury verdict may not be
overturned. If the verdict is guilty, however, the defense may
proceed with an appeal.
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.
Why is it important to have an attorney if I want to
negotiate a plea in my case instead of going to trial?
Plea negotiation can be very tricky, and a defendant may end up
plea bargaining him or herself to a harsher punishment than what he
or she actually deserves. This is why it is very important to have
a criminal law lawyer representing you if you plan to negotiate a
plea. A criminal attorney considers many factors in deciding
whether to recommend a plea bargain for a client and what
strategies to engage if a plea bargain is the best choice for the
client's situation. Factors a criminal lawyer considers
include:
- The strength of the evidence the prosecutor may present at
trial; and
- The potential penalties that the defendant could be subjected
to if the case was lost at trial.
Don't take a chance on bargaining away your rights when you have
been charged with a crime. Call New York, New York criminal defense
lawyer
Howard H. Weiswasser today for experience and advice you can
trust.
What is the "discovery phase" in a criminal case?
In the discovery process (sometimes known as the discovery phase),
the prosecutor is required to reveal a wide array of information to
the defendant's lawyer prior to trial. The information that must be
revealed and the timeframe in which the information must be
provided varies from court to court. Information that tends to show
that the defendant isn't guilty of the crime charged which must
always be revealed is called "exculpatory information."
When are the police required to "read me my
rights?"
In television and movies, we are all used to seeing the police
"read a suspect their rights" as soon as they are arrested. This
list of rights is known as a defendant's "Miranda rights," which
are as follows:
- You have the Constitutional right to remain silent;
- Anything you say can be held against you in the court of
law;
- You have the right to legal counsel and that if you cannot
afford a lawyer one will be appointed for you; and
- If you choose, you may have a lawyer present during
interrogation.
The police are required to tell a suspect this list of rights
when they plan to conduct a custodial interrogation. A
custodial interrogation means that:
- The suspect is in police custody – he or she has been arrested
and is not allowed to leave and go home, and
- The police or other law enforcement personnel are interrogating
the suspect – they are asking him or her questions.
Even if you are not in circumstances that require police to
"read you your rights," you still have your rights and you can
still exercise your rights. When you are arrested, or even if
police simply suspect you of a crime, it is important to exercise
your "right to remain silent" and call New York, New York DWI
Attorney Howard H. Weiswasser to represent you before talking to
the police about your case.
Why hire a criminal
defense lawyer?
Any person who is facing a criminal charge, no matter how minor,
will benefit from consulting a qualified criminal defense lawyer.
Unlike civil court cases, where money or property may be at stake,
a person suspected of committing a criminal act is in jeopardy of
losing their fundamental freedom. Act quickly to protect your
rights by contacting an experienced criminal defense attorney. An
experienced criminal defense lawyer can identify important pretrial
issues and bring appropriate motions which might significantly
improve a defendant's case.
Unlike civil law, which involves private law suits between two
or more private entities, criminal law involves defendants who are
being prosecuted by the state or federal government. Criminal
defense Attorney
Howard H. Weiswasser represents individuals who are
being prosecuted by the State of New York for an act that has been
classified as a crime. Crimes are generally classified as:
- Misdemeanors - less serious offenses that are punishable
up to one year in jail, by a fine, or both, and include petty theft
cases, simple assault, 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 larceny,
assault with a deadly weapon, or homicide/murder.
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 slightly
more than 50% 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, and requires the skilled legal representation of a
qualified criminal defense attorney to fight for a defendant's
exoneration.
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 DWI Attorney Howard H. Weiswasser, today at (212)
766-7600, or complete the contact form provided on this
site to
begin your consultation with a skilled New York criminal
defense trial attorney.
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