Criminal Defense Lawyers

What does a New York criminal lawyer do? 2024

What Does a New York Criminal Lawyer Do?

If you, or a loved one, is facing criminal charges in New York, it’s likely you’re not sure what to do next. This is understandable, most people freeze when the feds, and police, are telling them they’re under arrest. The criminal justice system in New York State is very complex, and intimidating, especially if you’ve never dealt with it before. That’s where a New York criminal lawyer from Spodek Law Group comes in.

The Role of a Spodek Law Group Criminal Defense Attorney

A Spodek Law Group criminal defense attorney is your protector, your shield, and your strongest advocate, when you’ve been accused of a crime.

Our job is to:

• Explain the charges against you 
• Advise you of your rights
• Investigate the case
• Identify weaknesses
• Negotiate with prosecutors
• Represent you in court
• Present your defense
• File appeals if necessary

Essentially, our New York criminal lawyer’s job is to make your rights are protected, and most importantly to get you best possible outcome for your criminal defense case. That can come in a number of ways: getting charges dropped, negotiating a plea deal, or fighting for an acquittal. Our goal is to get you, your freedom back, and make sure you – and your family, have a safe future. 

Types of Cases New York Criminal Lawyers Handle

Criminal attorneys in New York handle a wide range of cases, from minor misdemeanors to serious felonies. Some common types of cases include:

Drug Crimes

Drug crimes can range, from simple possession, to trafficking and distribution. The severity of the drug crimes charges will depends on factors like the type of drug involved, and quantity of drugs involved. Our New York criminal lawyers can often get charges reduced, or dismissed, as a result of challenging the legality of the search and seizure, or by directly negotiating a plea deal which could include drug treatment help, instead of jail time.

Violent Crimes

Examples of violent crimes are assault, battery, and homicide. These crimes carry severe penalties in New York State. Many prosecutors take them seriously because of public opinion. Potential sentences include lengthy prison sentences. If you’re accused of a violent crime, it’s very important to have a criminal defense attorney who will investigate the crime, interview witnesses, and more importantly who will look for evidence which supports your side of the case.

Theft and Property Crimes

This category of crimes includes offenses like shoplifting, burglary, and grand larceny. The value of the stolen property, and your criminal history, are two of the main factors in these cases. These two factors are a huge part of how you are charged and potential punishments. 

White Collar Crimes

White collar crimes are nonviolent offenses, that are usually committed for financial gain, like fraud, embezzlement, money laundering, and insider trading. These are usually federal cases, and they are highly complex. You 100% need a detail-oriented federal defense lawyer who understands how to navigate these cases.

Sex Crimes

Any conviction for a sex crime can result in you being branded as a sex offender and destroy your reputation, personal/family relationships, and career. If you are facing criminal charges of sexual assault, child pornography, or another sex offense, you need a New York criminal lawyer who will fight to clear your name.

DWI / Traffic Offenses

Many people don’t know that traffic violations – such as speeding, or driving without a license, are criminal offenses in New York. DWI convictions carry harsh penalties, like financial fines, license suspension, and even jail time. Spodek Law Group’s DWI lawyers can challenge the traffic stop, question the validity of sobriety tests, and negotiate to get your charges reduced.

Stages of a Criminal Case in New York

Arrest and Arraignment

After you’re arrested and booked, you’ll be brought before a judge for arraignment. This is where you’re formally charged and enter an initial plea of guilty or not guilty. The judge will also decide whether to set bail or release you on your own recognizance. Having a lawyer present at your arraignment can increase your chances of being released without bail.

Preliminary Hearing and Grand Jury

In felony cases, the next step is either a preliminary hearing or grand jury proceeding, where a judge or jury determines if there’s enough evidence to move forward with the charges. Your attorney can cross-examine witnesses and argue for the charges to be dismissed.

Pretrial Motions and Negotiations

Before a case goes to trial, there are often pretrial motions where your lawyer can argue to have evidence excluded or charges dismissed. This is also the stage where plea bargaining happens. Your attorney will negotiate with the prosecutor to try to get you the most favorable deal possible.

Trial

If your case goes to trial, your lawyer will present your defense, cross-examine the prosecution’s witnesses, and make opening and closing arguments to the jury. You want an attorney who is a skilled litigator and comfortable in the courtroom.

Sentencing

If you’re convicted, your lawyer will argue for the least severe sentence possible, presenting mitigating evidence and character witnesses on your behalf. In some cases, they may be able to get you into an alternative sentencing program like drug court or anger management classes.

Appeals

If you believe you were wrongfully convicted, your lawyer can file an appeal to have the conviction overturned. The appeals process is complex and requires a attorney who is well-versed in appellate law.

Choosing the Right New York Criminal Attorney

Not all criminal defense lawyers are created equal. When your freedom and future are on the line, you want the best possible advocate in your corner. Here are some tips for choosing the right attorney:

• Look for experience. You want a lawyer who has handled cases similar to yours and knows the ins and outs of the New York criminal justice system. Don’t be afraid to ask about their track record.
• Check their credentials. Make sure your attorney is licensed to practice in New York and in good standing with the state bar association. You can check an attorney’s disciplinary record on the New York State Unified Court System website.
• Read reviews and testimonials. Look for reviews from former clients on sites like Avvo, Google, and Yelp. You can also ask the attorney for references.
• Schedule a consultation. Most criminal defense attorneys offer free initial consultations. This is your chance to sit down with the lawyer, explain your situation, and get a sense of their personality and approach. Make sure you feel comfortable with them and confident in their abilities.
• Consider the cost. Criminal defense attorneys typically charge either an hourly rate or a flat fee. Make sure you understand their billing structure upfront and get an estimate of the total cost. Don’t just go with the cheapest option – you often get what you pay for. That said, many attorneys offer payment plans or will work with you on the fee.

Frequently Asked Questions

Do I really need a lawyer? Can’t I just represent myself?

Technically, you have the right to represent yourself in a criminal case. But as the old saying goes, “a man who is his own lawyer has a fool for a client.” Criminal law is extremely complex, and the stakes are high. You need someone in your corner who knows the system inside and out and can advocate for your rights. Don’t gamble with your freedom.

How much does a criminal lawyer cost in NY?

The cost of a criminal defense attorney in New York varies widely depending on the nature and complexity of the case, the attorney’s experience level, and whether you’re paying an hourly rate or flat fee. In general, you can expect to pay anywhere from $2,500 to $25,000+ for a criminal case. Many attorneys offer free consultations and payment plans.

What should I do if I’m arrested?

The most important thing to remember if you’re arrested is to exercise your right to remain silent. Don’t try to explain your side of the story or talk your way out of it – anything you say can and will be used against you. Politely tell the police you are invoking your right to remain silent and your right to an attorney. Then contact a criminal defense lawyer as soon as possible.

How long does a criminal case take in New York?

The timeline of a criminal case depends on many factors, including the severity of the charges, the amount of evidence, and whether the case goes to trial. A simple misdemeanor case may be resolved in a few months, while a complex felony case can take a year or more. Your attorney can give you a better idea of what to expect in your specific situation.

What are the possible outcomes of a criminal case?

There are several possible ways a criminal case can be resolved:

• Charges dropped: If the prosecutor determines there is not enough evidence to proceed, they may drop the charges before trial.
• Plea bargain: Many cases are resolved through plea bargaining, where you agree to plead guilty in exchange for reduced charges or a lighter sentence.
• Acquittal: If you go to trial and are found not guilty, you will be acquitted and the case will be over.
• Conviction: If you are found guilty at trial or plead guilty, you will be convicted and sentenced. The sentence may include fines, probation, and/or jail time.
• Alternative resolution: In some cases, you may be able to resolve the case through an alternative program like drug court or a diversion program.

Your criminal defense attorney will work with you to achieve the best possible outcome based on the facts of your case.

The Bottom Line

Facing criminal charges is a stressful and scary experience, but you don’t have to go through it alone. A skilled New York criminal defense attorney can guide you through the process, protect your rights, and fight for the best possible result.If you or a loved one has been arrested in New York, don’t wait – contact an experienced criminal lawyer today for a free consultation. The sooner you have an advocate on your side, the better your chances of a favorable outcome.