Looking for a Criminal Lawyer in Queens or on Long Island?
Lucks Law & Divorce Mediation is available to speak with you about a criminal case 24 HOURS A DAY, 7 DAYS A WEEK. Call 516-297-7966. We will advise you of your rights, and prepare you for what to expect from the police, and the criminal justice system. Timely legal advice can be the difference between freedom and a jail cell. Meet with us in Valley Stream or Forest Hills.
The police might try to question you – “to get your side of the story.” However, speaking with the police will almost never help you. Your words to the police could be misunderstood, recorded inaccurately, or could inadvertently incriminate you. Don’t say the wrong thing, and make the prosecution’s job easier. SPEAK WITH AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY BEFORE YOU SPEAK TO THE POLICE. Call us: 516-297-7966
If you, or a loved one, do get arrested, the police will take your photograph, and fingerprints, and complete various reports, in preparation for your arraignment. In New York City, and on Long Island, arraignment usually occurs within twenty-four hours of arrest. Arraignment is a critical stage of a criminal case. At arraignment, the defendant is formally told of the charges in the complaint, as well as the allegations that serve as the basis for the charges. And unless the police give a defendant a Desk Appearance Ticket (DAT), it is also a defendant’s first chance to get out of jail.
After formally advising a defendant of the charges, the judge at arraignment will conduct a bail hearing. That’s your chance to have an experienced, and skillful, criminal defense attorney argue for your release from custody. A persuasive argument can often be the difference between getting released from custody on your own recognizance (ROR), having bail set, or being remanded to the custody of the Department of Corrections. Aside from the obvious benefits of regaining your liberty when you are released from custody, it also strengthens your ability to fight your case over what can be several months, or even longer.
Depending upon the seriousness of the case – whether it is a felony or a misdemeanor, and the nature of the case – DWI, drugs, domestic violence, sex crimes, etc., and the jurisdiction in which the case is pending, the case can take any number of paths. Generally, though, cases are assigned to a specific assistant district attorney (ADA), who will be responsible for prosecuting the matter, and to a particular part (courtroom). Once in the part, the defense attorney, and the ADA, conference the case to see if it’s possible to negotiate a disposition. If not, discovery (police reports, etc.) will be exchanged, and the case will be adjourned for a suppression hearing and/or trial. This process can take a few weeks, months, or even longer. Every case is different, so the time frame differs, too. Generally, though, there are three options for resolving a criminal case: negotiate a plea bargain, go to trial, or have the case dismissed.
The process is complex, and can be confusing. It is important that your lawyer give you an education about your case, and the criminal justice system, so that you can make informed decisions. As an experienced criminal defense attorney, as well as a licensed teacher, Robert Lucks has experience teaching clients how to master these complexities, and to make wise decisions.