Bellerose DWI Lawyers
- Somekh & Associates:
ARREST
A person is considered to be under arrest in New York if a reasonable person believes that he or she is not free to leave the custody of the police Ð regardless of whether you were placed in handcuffs. Often the New York State or City police will not even tell you that you have been arrested for a criminal offense. However, as long as you believe that you cannot voluntary walk away from the police without being placed in handcuffs, you have been placed under arrest. Even if you voluntary walk into a New York State or City police station to answer questions, if you reasonably believe that you cannot stand up and walk out freely, you have been placed under arrest.
Speaking with the Police?
In every criminal or DWI / DUI case, after you have been arrested, the police cannot ask you any questions unless you are read your Miranda rights and you fully understand those rights. If the police never ask you any questions, you are not entitled to have your rights read to you.
If you have been arrested or believe that you are about to face criminal charges, do not speak with the police. Any time you say anything to the police, write anything for the police or sign a statement written by the police, that statement can and will be used against you at s criminal trial. If you do not want to make a statement to the police you can simply refuse to answer any questions or ask to have your lawyer present. Whether or not you have hired a criminal lawyer, the police cannot ask you any questions regarding a criminal case, if you have requested a lawyer.
What is a Desk Appearance Ticket (D.A.T.)?
If you have been given a Desk Appearance Ticket, you have been arrested for committing a criminal offense, but you were released and given a date in the future to come to Criminal Court to face yourcharges. A Desk Appearance Ticket will only be issued on misdemeanor criminal arrests for something other than domestic violence after the police determine that you do not have any outstanding criminal arrest warrants and believe that you will return to Criminal Court voluntarily to face the charges.
ARRAIGNMENT
After you have been arrested by the New York State or City police on misdemeanor or felony criminal or DWI /DUI charges, the District AttorneyÕs Office determines whether there is sufficient information to believe that you have committed a criminal offense. If the District AttorneyÕs Office believes that you have committed a criminal offense, it will draft a Criminal Court Complaint listing each of the criminal charges and the facts describing your alleged criminal conduct.
Release on Own Recognizance or Bail?
After the Criminal Court Complaint is drafted you will see a judge, who will officially inform you of the misdemeanor or felony criminal charges you are facing. After the judge listens to your lawyerÕs application, the judge will then decide whether to release you on your own recognizance (R.O.R.) or set bail. The decision is usually based on the seriousness of the criminal charges, your ties to the community and whether the judge believes that you will return to court.
GRAND JURY
Will My Criminal Case Be Presented To the Grand Jury?
Whenever someone is facing criminal felony charges, or misdemeanor charges that the District AttorneyÕs Office believes should be elevated to a felony, the District AttorneyÕs Office must present all of the available evidence to the Grand Jury.
The Grand Jury listens to all of the evidence presented and decides whether there is reasonable cause to believe that the accused committed the felony offense. If the Grand Jury believes there is sufficient evidence to believe that the accused committed the crime, it will issue an indictment. If the Grand jury believes that there is insufficient evidence to believe that the accused committed the crime, the case will be dismissed.
PRE-TRIAL INVESTIGATION
It is critical for the defense attorney to get involved with the case from the beginning. This ensures that the evidence remains fresh. Where information demonstrating that the defendant did not commit the crime is gathered early, it may result in a quick dismissal of the charges by the District AttorneyÕs Office.
PRE-TRIAL MOTIONS AND HEARINGS
Whenever City police take a statement from an accused, take property from an accused or subject the accused to a police arranged identification procedure, motions may be filed to preclude the evidence from being introduced at trial or to have the Court order a hearing to determine whether the evidence may be used. If statements were taken improperly, a motion may be filed to prevent the District AttorneyÕs Office from using that statement against you at the criminal trial. The same is true for improper taking of property or police line up.
TRIAL
If a case can be resolved properly without a trial, it is often preferable. However, each client must decide what is best for him or herself, with the assistance of counsel. If a trial is necessary, the attorney assigned to you will carefully prepare and try your case.
Felonies & Misdemeanors
Under New York law, criminal offenses are classified as violations, misdemeanors or felonies. Persons convicted of violations may be sentenced to not more than 15 days of imprisonment. If the sentence for a criminal offense falls between 15 days of imprisonment and one year of imprisonment, that offense is a misdemeanor. Finally, a felony is an offense that carries a sentence of greater than one year of imprisonment.
If you have been charged with a criminal offense or you believe you are about to be charged with a criminal offense, you should consult with a criminal defense attorney. The criminal defense lawyers can explain the criminal charges you are facing and help you prepare an aggressive and vigorous defense.
You do not have to face the police and prosecution alone.
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