The Criminal Process in New York
The criminal process in New York follows a series of steps from arrest to trial. Here's a general overview:
- Arrest: When law enforcement officers have probable cause to believe that a person has committed a crime, they can make an arrest. This can happen either with a warrant issued by a judge or without a warrant if the crime is committed in the presence of an officer.
- Booking: After the arrest, the individual is taken to the police station for booking. This involves recording personal information, taking fingerprints, and photographs. The person may also be searched, and any personal belongings may be confiscated.
- Arraignment: The arraignment is the first court appearance after the arrest. During this proceeding, the accused is informed of the charges against them, advised of their rights, and given the opportunity to enter a plea (guilty, not guilty, or no contest). If the accused cannot afford an attorney, one will be appointed for them.
- Bail: After arraignment, the judge may decide whether to set bail, release the accused on their recognizance, or hold them in custody pending trial. Bail is a financial guarantee that the accused will appear for future court dates.
- Pretrial Proceedings: Before trial, there may be several pretrial hearings and motions where both the prosecution and defense present arguments to the judge. These can include motions to suppress evidence, challenges to the admissibility of certain testimony, or requests for a change of venue.
- Plea Bargaining: In many cases, the prosecution and defense may negotiate a plea bargain. This involves the defendant agreeing to plead guilty to a lesser charge or in exchange for a lighter sentence in exchange for avoiding a trial. Plea bargaining is common and resolves many criminal cases without going to trial.
- Trial: If the case goes to trial, the prosecution presents evidence and witnesses to prove the defendant's guilt beyond a reasonable doubt. The defense has the opportunity to cross-examine witnesses and present its own evidence and witnesses. In New York, criminal trials are typically decided by a jury, although defendants may choose to have a bench trial where the judge decides the case.
- Verdict: After hearing all the evidence and instructions from the judge, the jury deliberates and reaches a verdict. If the jury cannot reach a unanimous verdict, the judge may declare a mistrial, and the case may be retried with a new jury.
- Sentencing: If the defendant is found guilty or pleads guilty, they are sentenced by the judge. Sentencing can include fines, probation, community service, or imprisonment, depending on the severity of the crime and other factors.
- Appeals: After conviction, the defendant has the right to appeal the verdict or sentence. Appeals are heard by higher courts, which review the trial record for legal errors or constitutional violations that may have affected the outcome of the case.
Why Choose Barket Epstein Kearon Aldea & LoTurco, LLP?
Our team at Barket Epstein Kearon Aldea & LoTurco is known for its formidable advocacy, leveraging over 200 years of collective experience to secure our clients' freedom, restore their reputation, and, in many cases, obtain financial damages by proving law enforcement misconduct.
Comprising former prosecutors, judges, criminal law thought leaders, seasoned litigators, and attorneys skilled in handling high-profile cases that attract national media attention, we can defend our clients both inside and outside the courtroom.
Here are some of the advantages of choosing our firm:
- Strategic Defense: Our firm develops strategic defense plans tailored to the unique circumstances of each case. We thoroughly investigate the facts, analyze evidence, and identify legal defenses to build a strong case on behalf of our clients.
- Protection of Rights: We are dedicated to protecting the rights of our clients. We ensure that law enforcement officials and prosecutors adhere to procedural requirements and respect our clients' constitutional rights, such as the right to remain silent and the right to legal counsel.
- Negotiation Skills: Our attorneys are skilled negotiators who can engage in plea bargaining with prosecutors to secure favorable outcomes for our clients. We strive to achieve reduced charges, minimized penalties, or alternative sentencing options whenever possible.
- Courtroom Advocacy: If your case goes to trial, our attorneys are adept at courtroom advocacy. We present compelling arguments, cross-examine witnesses, and challenge the prosecution's evidence to vigorously defend our clients' innocence or mitigate their culpability.
- Emotional Support: Facing criminal charges can be emotionally challenging, but our compassionate attorneys provide support and guidance throughout the legal process. We listen to our clients' concerns, answer their questions, and advocate for their best interests with empathy and understanding.
- Resource Access: Our firm has access to a wide range of resources, including expert witnesses, investigators, and forensic specialists, to strengthen our clients' defense strategies. We leverage these resources to uncover additional evidence, refute prosecution claims, and bolster our clients' cases.
- Minimized Consequences: By enlisting our services, individuals can often minimize the potential consequences of criminal charges, such as incarceration, fines, probation, and damage to their reputation. We work diligently to achieve the best possible outcomes for our clients, aiming to mitigate the long-term impact of criminal allegations on their lives.
Comprehensive Criminal Defense Services
Our Garden City criminal defense attorneys can assist you in defending against a wide range of criminal charges, including but not limited to:
Criminal charges can have a devastating impact on your life, jeopardizing your career, reputation, personal relationships, and future. A conviction can threaten your freedom. With so much at stake, it is crucial to engage the services of our powerful and proven team of criminal defense attorneys in Garden City.
Penalties for Criminal Convictions in New York
A criminal conviction in New York can result in various penalties, including fines, jail time, probation, and potential consequences for your immigration status if you are not a U.S. citizen. Moreover, certain job types may lead to loss of employment, voting privileges, and the enduring stigma of being a convicted felon.
The penalties you may face depend on the classification of the misdemeanor or felony.
Misdemeanor Charges
- Class A Misdemeanor - Up to 1 year in jail and fines of up to $1,000.
- Class B Misdemeanor - Up to 90 days in jail and fines of up to $500.
- Unclassified Misdemeanor - Jail time ranging from 16 days to 1 year.
Felony Charges
- Class A Felony - 20-25 years to life in prison.
- Class B Violent Felony - 5-25 years in prison.
- Class B Non-Violent Felony - 1-3 years, up to 25 years in prison.
- Class C Violent Felony - 3.5 years or up to 15 years in prison.
- Class C Non-Violent Felony - 1-2 years, up to 15 years probation.
- Class D Violent Felony - 2-7 years in prison.
- Class D Non-Violent Felony - 1.5-4 years probation.
- Class E Felony - Up to 4 years probation.
Protecting Your Rights in Nassau County
The partners at our firm, hailing from diverse professional backgrounds including judges, prosecutors, trial lawyers, and appellate lawyers, are renowned and respected in every county in the New York metropolitan area. While our reputation has grown, we have maintained strong local connections in Garden City, Nassau County, and Suffolk County, ensuring that our clients receive the best possible outcomes. Regardless of the specific charge or circumstances of your arrest, you have the right to a criminal attorney who understands local customs and practices and has earned the respect of law enforcement, prosecutors, court staff, and judges throughout the metropolitan area.
From pre-trial investigations to criminal appeals, our Garden City criminal defense lawyers possess the resources and experience to prevent wrongful arrests or overturn unjust convictions.
Contact Our Garden City Criminal Defense Lawyers Today
To learn more about Barket Epstein and the steps we can take to help you, contact our offices for a free and confidential consultation. This is an invaluable opportunity to work with a Garden City criminal lawyer who possesses the skills to successfully defend your rights and freedom. Seize this chance to collaborate with a firm that boasts credentials, results, and the experience you deserve.
Begin your defense today by contactingBarket Epstein Kearon Aldea & LoTurco, LLP, and our criminal defense attorneys in Garden City.
