Frequently Asked Questions (FAQ) About Criminal Defense Law
How can I tell if I need a lawyer?
Generally, if you are under investigation for a possible
crime, you need an
attorney. As a practical matter, if you are asking this
question, you have nothing to lose by asking us about it.
We may set your mind at ease. Retaining a lawyer may also
prevent charges being filed against you.
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What if I am innocent? Won't I appear guilty - or at least uncooperative if I call a lawyer?
It doesn't matter. Officers do not have the authority
to "make deals" and they are not there to become your
friend; they are professionals doing their job, and the law gives the
police a lot of leeway to do that job. So while the
detective, FBI agent, postal inspector, etc. on the phone
or visiting you wants you to believe that he or she is or
wants to be your friend or can talk to the prosecutor on
your behalf, you should know that this impression could be
totally false and considered good police work at the same
time You have the right to remain silent at all times
under the Fifth Amendment of our Constitution.
Your attorney can gain
access to many facts pertaining to the criminal
investigations that are not directly available to you.
Your attorney can express your rightful concerns to the
court and prosecuting attorney and should be able to
explain to you the charges filed against you.
Your lawyer can analyze
the facts that you may not appreciate and compare them to
the applicable laws and penalties to determine what
strategy is right for your defense.
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What do I do if the police arrest me?
Politely state your name and request the presence of your attorney prior to any more conversation. Treat officers of the law with courtesy and respect and wait for your attorney
before giving any information.
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How much will this cost?
An estimate of the legal
fee requires at least an intelligent understanding of the
facts. That understanding can be gained through the
consultation. Defending a criminal action involves various
costs depending on the complexity of the defense and the
amount of time that the defense actually takes. Other
costs may be incurred such as investigators, experts and
Court transcripts. These items will be discussed during
your initial consultation.
In general, the factors
affecting the legal fee are:
• The professional time that we expect to spend on your case,
• the value of our judgment and expertise,
• the importance of the case to you,
• and the fee for similar services customarily charged in this area.
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What if the police don't read me my rights?
Outside
of TV land, the
police do not have to read you your rights. However, if
they do not read you your rights after the arrest and
before interrogation, then the statements you are said to
have made could be precluded from being used against you
at trial. But, if you testify and say something different
than what you allegedly said in your prior statement, they
can use the statement anyway. Many people do not realize
that Mr. Miranda himself, was retried, convicted of
murder, and sent to jail.
Certainly you should take
note of whether or not the police read you your rights if
you are arrested, but if you do not make any statements,
it does not make a difference.
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What happens when someone is arrested?
After being fingerprinted,
they will be either released from the police precinct and
told to appear in court on a future date (not common in
New York City) or brought before a judge within a day or
so after the arrest so that the judge may decide whether
to set bail or release them pending the prosecution of the
case. The fingerprints are checked for records of prior
arrests and convictions.
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What is best to wear to Court?
Excellent question. Dress conservatively and carefully for a crisp professional look. Dressing well shows respect for the judge and the Court itself. The tailored
clothing and dark, businesslike colors that you would wear for a job interview are generally best.
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What is bail?
Bail is the Court's surety that you will appear for your actual court date. Bail is generally posted by bond but may be posted in cash. Bail bondsmen
are listed in the Yellow Pages.
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Can bail amounts be reduced?
Yes, there are instances where that has been done.
Take note however, that the
law presumes that the bail that is originally set by the
judge at arraignments is the correct amount of bail. An
attorney would need to be able to show the judge a "change
in circumstances" since the time the bail was set or prove
that the amount was set "unconstitutionally high". Judges
in New York are given wide guidelines when setting bail.
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What happens to the bail money?
Bail money is held by the government until your case
ends. Your money will then
be returned to you (or the person who posted bail),
generally minus a bail surcharge which covers
administrative costs.
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Do I have to appear in Court every time the case is scheduled?
Yes, promptly unless told otherwise.
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Why can't I just get a free public defender?
You certainly can if you
meet the qualifications guidelines of the State of
New York. Some public defenders are extremely caring
and skilled and you may be assigned someone that you get
along with very well. You will not, however, have a choice
as to the appointed attorney and are not usually allowed
to change to another lawyer.
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