If You Have Been Charged with a Crime, Know Your Rights

Your Right to Legal Representation

If you have been charged with a crime, you have the right to be represented by an attorney throughout the legal process. This is true whether the case is resolved by a trial or is resolved through a plea deal before one begins. Let's take a look at what you should know about your rights after being taken into custody and what happens after that occurs.

Your Right to an Attorney

As soon as a police officer says that you are under arrest, you have no obligation to speak to that person. You should be notified that you have the right to an attorney while you are being cuffed. Once the request for an attorney is made, questioning must stop until he or she arrives. If questioning continues, anything that is said will generally be inadmissible in court.

Attorney-Client Privilege and Confidentiality

The majority of what you tell your attorney will remain confidential. The only information that must be disclosed is anything that you say about wanting to commit a crime in the future. In some cases, an attorney may also have to disclose to a judge that you want to hurt or kill yourself. Otherwise, whatever you tell your legal counsel remains strictly between yourself and that person. This allows you to open up about what happened without jeopardizing your ability to get a favorable outcome.

Public Defender Services

If you don't have the means to afford an attorney, you will be entitled to use a public defender. This person will work on your behalf to obtain an acquittal or a plea bargain, and there is no need to pay this person regardless of the outcome of your case. It should be noted that a court may ask you to prove that you cannot afford an attorney before providing one.

How a Brooklyn Criminal Lawyer Helps

Your legal counsel will create an argument that creates doubt as to your guilt. For instance, it is possible to cross-examine a witness in an effort to create holes in their story. It can also be possible to cast doubt on a police report or physical evidence used by the prosecution.

Expert Witnesses

In some cases, an expert witness will be hired by a lawyer to testify on your behalf. The expert witness has a background in interpreting certain types of evidence. For example, a ballistics expert can state that you likely didn't commit the crime because the bullet was fired from the wrong angle.

Motions to Suppress Evidence

Attorneys may also make motions to suppress evidence, which means that it can't be heard by a jury. Depending on the type of evidence that as suppressed, it could lead to a case being thrown out. It could also result in additional leverage for a favorable plea deal in your case.

Hiring a Brooklyn Criminal Defense Attorney

If you or a loved one have been arrested or charged with a crime in Brooklyn, it's important to hire an experienced criminal defense attorney as soon as possible. The stakes are high and having the right legal representation can make all the difference in the outcome of your case.

Finding the Right Attorney for Your Case

Not all criminal defense attorneys are created equal, so you'll want to do your research to find the best lawyer for your specific charges and situation. Here are some tips on finding the right Brooklyn criminal attorney:

• Search online for criminal defense lawyers located in Brooklyn or the NYC metro area. Look for attorneys and firms with great reviews and a track record of success.
• Ask friends or family for referrals to criminal lawyers they may have used before.
• Look for an attorney who specializes in the type of crime you've been charged with whether it's drug offenses, theft, DUI, domestic violence, etc.
• Find a lawyer who is familiar with Brooklyn courts, judges, and prosecutors. An attorney well-versed in the local legal system can better navigate your case.
• Choose an aggressive lawyer who will fight for your rights in and out of the courtroom.
• Make sure they have trial experience, in case your case goes to trial.
• Consider boutique criminal defense firms who focus solely on criminal law.
• Be wary of attorneys who make unrealistic promises or demand large upfront retainers before reviewing your case.

When researching Brooklyn criminal defense attorneys, look for successful case results, client testimonials, and credentials like board certification in criminal law. Also consider the lawyer's communication style, responsiveness, and expertise defending cases like yours.

Understanding the Criminal Defense Process

Working with a criminal lawyer can be a lot smoother if you understand the general stages of the defense process. Here's what you can expect:

Initial Consultation

This first meeting allows you to share details on your charges and arrest. The lawyer will advise if they can take your case and discuss legal strategy.

Case Investigation

Your attorney will gather evidence, interview witnesses, visit the crime scene, and fully investigate the circumstances of your case.

Pretrial Motions

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Your lawyer may file motions to get evidence suppressed or dismissed if it was obtained illegally.

Plea Negotiations

If you wish to avoid trial, the attorney can negotiate with the prosecution for reduced charges or a lighter sentence.

Trial Preparation

If negotiating a plea deal fails, your lawyer will fully prepare your defense strategy for trial.

Court Hearings

Your attorney will represent you in bail hearings, status conferences, motions hearings, and any other court proceedings.

Trial

If a plea isn't reached, your lawyer will defend you before a judge and/or jury at trial.

Sentencing

If found guilty, your attorney can advocate for the lightest possible sentence under the law.

Appeals

Your lawyer may appeal the verdict or sentence if there are valid legal grounds to do so.

Get Legal Help Right Away

If you have been charged with a crime, make sure to seek out the services of an attorney right away. Having a knowledgeable Brooklyn criminal attorney in your corner for all aspects of the case can greatly help the legal fight for your freedom or rights.