New York Arrest Lawyer

New York Arrest Lawyer – Your Guide to the Arrest Process in New York

Getting arrested in New York can be a scary experience. As someone who’s gone through it myself, I want to provide a helpful guide for what to expect and how an arrest lawyer can help. This article will cover the arrest process, your legal rights, potential defenses, and more – all in a simple, conversational tone.

The Arrest Process in New York

If the police stop you in New York, the first thing they’ll do is ask for your identification. If they have a warrant or probable cause to arrest you, they can take you into custody on the spot. Here’s a quick rundown of what happens next:

• You’ll be searched and any personal belongings will be confiscated.
• The police will transport you to the nearest precinct for booking. This involves taking your fingerprints and mugshot.
• You’ll be allowed a phone call to contact a lawyer or loved one.
• In most cases, you’ll have the option to post bail to be released until your court date.
• If bail is denied, you’ll be taken from the precinct to jail to await your first court appearance.

The arrest process can vary slightly between counties. But in most cases, it moves quickly – you’ll usually be booked and have the chance to post bail within a few hours.

Your Legal Rights During Arrest

As soon as you’re taken into police custody, you gain important legal rights that protect you through the arrest process:

• You have the right to know why you’re being arrested – the police must tell you the charges.
• You have the right to remain silent – anything you say can be used against you, so don’t answer questions without a lawyer present.
• You have the right to an attorney – police must allow you to call one.
• You have the right to refuse searches – unless police have a warrant or clear probable cause.

Knowing your rights is key, because the police won’t always tell you them. Don’t say anything to the police except that you want to speak to your lawyer – that’s the most important right to invoke.

Hiring an Arrest Lawyer

Having an experienced criminal defense lawyer on your side can make all the difference. Here are some key benefits a good arrest attorney provides:

• They can negotiate with the prosecutor to get charges reduced or dismissed.
• They know how to fight to get your bail lowered or waived, so you don’t stay locked up.
• They understand the system and local courts better than a public defender.
• They can advise you on whether to take a plea deal or go to trial.
• They have resources like investigators and experts to build the strongest defense.

A lawyer’s help early on in the process is crucial. Don’t wait until after you’ve been charged – call an attorney as soon as you’re arrested.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Potential Defenses Against Criminal Charges

If you do get formally charged with a crime, there are a variety of defenses your arrest lawyer may use. Some common ones include:

• Illegal search and seizure – If the police didn’t have probable cause or a warrant, evidence can be thrown out.
• Miranda rights violation – If police didn’t read you your rights, your statements may be inadmissible.
• Misidentification – Eyewitness mistakes are common – an attorney can challenge identifications.
• Self-defense – Using appropriate force to protect yourself can justify many violent crimes.
• Intoxication – You can’t form intent to commit a crime if you were involuntarily intoxicated.

An experienced lawyer will examine every angle of your case to figure out the best defense strategy. Don’t hesitate to discuss all your options.

The Importance of Bail

After being arrested, getting out on bail should be your top priority. Sitting in jail for weeks or months before your trial can have devastating consequences:

• You’ll likely lose your job.
• You can lose custody of children or pets.
• You’re at risk of violence from other inmates.
• It’s incredibly damaging to mental health.
• It becomes much harder to build your legal defense.

A good lawyer will fight to get your bail reduced or waived so you can be released. Factors like your criminal history, ties to the community, and flight risk are considered. For low-level crimes or first arrests, there’s a good chance of getting out on bail.

Taking a Plea Deal

Once charged, your lawyer may advise you to take a plea bargain rather than go to trial. Here are some pros and cons to weigh:

Potential Pros

• Guaranteed lesser sentence vs. risk of “guilty” verdict at trial.
• Avoids the public spectacle and scrutiny of a trial.
• Saves significant time and legal expenses.
• Let’s you take responsibility and move on with your life.

Potential Cons

• Pleading guilty to a crime you didn’t commit or don’t remember.
• Having a permanent criminal record.
• Serving jail time or probation you might have avoided.
• Giving up your right to defend yourself at trial.

Your lawyer will give their best advice on whether to take a plea deal based on the strength of your case. Make sure you understand all the implications before making a decision.

What Happens at Trial

If you decide to take your case to trial, here’s a quick overview of the process in New York:

1. Jury selection – Attorneys question and select 12 impartial jurors.
2. Opening statements – Lawyers present an overview of their case.
3. Witness testimony and cross-examination.
4. Closing arguments – Attorneys summarize their strongest evidence.
5. Jury deliberation – The jury discusses the case and votes on a verdict.
6. Verdict – The jury acquits or convicts you.
7. Sentencing – If found guilty, the judge gives your sentence.

Criminal trials often come down to the jury, because they decide your ultimate fate. An experienced trial lawyer knows how to question jurors, present evidence persuasively, and sow seeds of reasonable doubt.

Understanding Your Charges and Potential Sentences

The charges you face and potential sentences depend on the specifics of your case. But here’s a quick rundown of common New York charges and sentences:

• Misdemeanors – Max 1 year in jail. Examples: Petit larceny, DUI, assault.
• Felonies – Over 1 year in prison. Examples: Grand larceny, robbery, rape.
• Violent felonies – Max 25 years. Examples: Murder, kidnapping, arson.

Sentence ranges vary widely based on your criminal history and trial outcome. The judge has significant discretion at sentencing. An experienced attorney knows how to advocate for the lightest sentence.

How Convictions Affect Your Life

Being convicted of a crime can negatively impact your life in many ways:

• Jail or prison time
• Difficulty finding a job and housing
• Barred from certain careers like medicine or education
• Suspension of driver’s license
• Loss of voting rights
• Deportation if you’re a non-citizen
• Stigma and relationships

These consequences make fighting the charges critically important. An experienced lawyer will advise you on how a conviction could affect your specific situation.

Getting Your Record Sealed or Expunged

If you do end up with a conviction, getting your record sealed or expunged can help mitigate the consequences. Sealing keeps your record private from the public. Expungement erases it completely. Here are some key things to know:

• You must wait 1-10 years after conviction, depending on the offense.
• Violent felonies and sex crimes usually can’t be sealed or expunged.
• You’ll need to petition the court and pay legal fees.
• An attorney greatly increases your chances of success.

Getting your record cleared is a complicated legal process with strict eligibility rules. But it can open doors to jobs, housing, loans etc. so it’s well worth pursuing.

Why I Became an Arrest Lawyer

As someone who went through the arrest process myself as a college student, I understand how scary and overwhelming it can feel. The system is stacked against regular people. Prosecutors have huge incentives to pile on charges that can ruin lives. Public defenders are overworked. That’s why I became a defense lawyer – to level the playing field and fight for people facing the power of the state. If you or someone you care about gets arrested, please call me. I’ll protect your rights, fight to get charges reduced or dismissed, and help you move forward with your life.

References

[1] The Style Manual used by the New York State Law Reporting Bureau
[2] Do I separate the names of the defendants on the complaint with a comma or “and?”
[3] Oxford Comma Dispute Is Settled as Maine Drivers Get $5 Million
[4] The Rule of Law
[5] Former NYC Buildings commissioner to surrender to law enforcement
[6] ‘It feels surreal’: New Yorkers with pot convictions prepare to launch state’s first legal sales