New York Criminal Defense Attorney
Justice System Overview
The justice system in New York works day and night. The high volume of arrests for criminal charges is astounding, and the State works to ensure the rights of the individual to a speedy trial. There are several steps in the justice system. If you have been charged with a criminal offense, it is crucial that you have the assistance of a New York criminal defense attorney to guide you through this complex system. At the Law Offices of Michael S. Discioarro, the attorneys are very experienced in dealing with the justice system and will work to protect your constitutional rights from the arrest through to the trial. The steps in any criminal case are as follows:
The Arrest
When arrested, you will be “booked” for the crime. You will have your picture taken, be fingerprinted, and your personal possessions will be taken away from you. You will usually then be put in a cell in jail to await your arraignment. This is the time to contact the Law Offices of Michael S. Discioarro, as you will need a skilled New York criminal defense lawyer to represent you at the arraignment.
The arraignment is the hearing in front of a judge in which you will be formally charged with the crime. You will make your plea, which in New York includes the following four options: Guilty, Not Guilty, No Contest, and Stand Mute. A criminal defense lawyer from the Law Offices of Michael S. Discioarro can advise you regarding your plea. At this hearing, your bail will also be set. In many cases, the accused is released on their own recognizance. An attorney will fight for this in your case, and if not possible, will fight to make the bail amount be something that can be achieved. Once you have made your plea and bail is set and paid, you will be released. In those cases where the bail is so high that it is impossible, or no bail is set due to the judge’s determination of flight risk or other factors, you will remain incarcerated.
The Indictment
In cases of felony charges, it is the law that a Grand Jury must review the evidence against you before you are indicted. A prosecutor can charge you, but without an indictment by a Grand Jury in felony charges the case cannot move forward. In New York you may have the right to give evidence to the Grand Jury, but in some cases your attorney may advise you not to. It is absolutely crucial that you have powerful legal representation when you face any felony charge.
Motions to Suppress Evidence
This is the section of the legal process in which the prosecutor and the defense can bring forward motions to suppress certain evidence, based on legal precedence. In cases of criminal charges, the procedure of the arrest and the way the evidence against you was collected may have been incorrectly done per correct police procedure. In such a case, a motion to suppress the illegally collected evidence will be brought to the judge.
The Hearing
At the hearing, the motions will be evaluated and decided by the Judge. There may be other aspects of your case that are decided at the hearing as well.
The Trial
This includes jury selection and the entire procedure of the court case against you. Each side will give an opening statement, the evidence, cross-examination of witnesses and a closing statement. It is crucial that you are represented by a skilled trial lawyer from the Law Offices of Michael S. Discioarro when you are facing a trial.
The Verdict
The jury will deliberate and come back with their verdict in your case. If you are found “not guilty” you will be free to go.
The Sentencing
If you are found guilty, usually at a later court date, the judge will now sentence you.
The Appeal
An appeal can be filed if the verdict was unfair or there were violations of proper court procedure. An appeals attorney is a special breed, as much research must be done. Many attorneys will not do appeals due to the work involved. You are in capable hands when you deal with the Law Offices of Michael S. Discioarro. Your appeal will be researched and filed, and the work done will increase the chances of the appeal being granted.
Contact a New York Criminal Defense Attorney from the Law Offices of Michael S. Discioarro if you are seeking high-quality, powerful legal representation in any criminal charges.