What Happens After a Criminal Charge is Filed in New York?

If you've been charged with a crime in New York, you're likely feeling anxious and uncertain about what comes next. At Spodek Law Group, we understand how stressful this situation can be. Our experienced criminal defense attorneys are here to guide you through every step of the process and fight for your rights. Let's walk through what typically happens after criminal charges are filed in New York.

The Arraignment: Your First Court Appearance

The first major step after criminal charges are filed is the arraignment. This is your initial court appearance where you'll be formally charged and enter a plea. Here's what you can expect at an arraignment:

• The judge will read the charges against you
• You'll enter a plea of guilty, not guilty, or no contest
• The judge will decide whether to set bail or release you on your own recognizance
• You may be assigned a court-appointed attorney if you can't afford one

It's CRUCIAL to have an experienced criminal defense lawyer representing you at the arraignment. We can argue for reduced bail or release without bail, which could mean the difference between waiting for trial at home or in jail. Our attorneys will also advise you on how to plead and start building your defense strategy right away.The arraignment usually happens within 24 hours of arrest for misdemeanors or 48 hours for felonies. Don't face this intimidating process alone - contact us immediately if you've been arrested so we can represent you from the very start.

Pre-Trial Proceedings: Building Your Defense

After the arraignment, there are several important pre-trial steps as your case moves forward:

Discovery

Discovery is the process where the prosecution and defense exchange information about the evidence and witnesses in the case. In New York, prosecutors are required to turn over all relevant evidence to the defense, including:

• Police reports
• Witness statements
• Physical evidence
• Lab test results
• Surveillance footage
• Any exculpatory evidence that could prove your innocence

Our attorneys will thoroughly review all discovery materials to look for weaknesses in the prosecution's case and evidence that supports your defense. We leave no stone unturned.

Pre-Trial Motions

We may file various pre-trial motions to protect your rights and strengthen your case, such as:

• Motion to dismiss charges
• Motion to suppress evidence obtained illegally
• Motion for a bill of particulars requesting more details on the charges
• Motion for a change of venue if pre-trial publicity has tainted the jury pool

These motions can result in charges being reduced or dismissed before trial if successful. Our experienced litigators know how to craft compelling legal arguments to challenge the prosecution's case.

Plea Bargaining

Many cases are resolved through plea bargaining, where the defense and prosecution negotiate a plea deal. This may involve pleading guilty to reduced charges in exchange for a lighter sentence.While a plea bargain can sometimes be the best option, we NEVER pressure our clients to accept unfair deals. We'll give you an honest assessment of the strength of your case and potential outcomes so you can make an informed decision. If a fair plea agreement can't be reached, we're always prepared to take your case to trial.

Going to Trial: Fighting for Your Freedom

If your case proceeds to trial, you can count on Spodek Law Group to mount an aggressive defense. Here's an overview of the trial process:

1. Jury Selection: We'll help select an impartial jury likely to be sympathetic to your case.
2. Opening Statements: Our attorneys will outline your defense and plant seeds of doubt about the prosecution's case.
3. Prosecution's Case: The DA presents evidence and witnesses. We'll cross-examine to expose weaknesses.
4. Defense Case: We present evidence and witnesses supporting your innocence or raising reasonable doubt.
5. Closing Arguments: Our skilled litigators will make a compelling final case for your acquittal.
6. Jury Deliberation: The jury discusses the case and reaches a verdict.

Throughout the trial, we'll object to any improper evidence or procedures and ensure your constitutional rights are protected. Our trial attorneys have extensive courtroom experience and know how to connect with juries.

Potential Outcomes and Sentencing

There are three possible outcomes of a criminal trial:

• Acquittal: You're found not guilty and the charges are dismissed.
• Conviction: You're found guilty of some or all charges.
• Hung Jury: The jury can't reach a unanimous verdict, potentially resulting in a mistrial.

If convicted, the next step is sentencing. The judge will consider factors like:

• The nature and circumstances of the crime
• Your criminal history
• Mitigating factors (e.g. mental health issues, difficult life circumstances)
• Aggravating factors (e.g. use of a weapon, vulnerable victim)

Potential sentences can include:

• Probation
• Fines
• Community service
• Jail or prison time
• Alternative programs like drug treatment

Our attorneys will advocate for the most lenient sentence possible, highlighting mitigating factors and your potential for rehabilitation. We've helped many clients avoid jail time even after conviction.

Post-Conviction Options: It's Not Over Yet

Even after a conviction, there may still be options to challenge the outcome:

Appeals

You have the right to appeal a conviction to a higher court. Grounds for appeal can include:

• Legal errors during trial
• Improper admission of evidence
• Jury misconduct
• Ineffective assistance of counsel

We have skilled appellate attorneys who can identify grounds for appeal and craft persuasive legal arguments to overturn your conviction or secure a new trial.

Post-Conviction Motions

Other post-conviction options include:

• Motion to set aside the verdict
• Motion for a new trial based on newly discovered evidence
• Motion to modify the sentence

These motions have strict filing deadlines, so it's important to contact us quickly after conviction to explore your options.

Why Choose Spodek Law Group?

Facing criminal charges in New York is serious, but you don't have to face it alone. Here's why you should trust Spodek Law Group with your defense:

• Decades of Experience: Our attorneys have handled thousands of criminal cases in New York courts. We know the judges, prosecutors, and local court procedures.
• Aggressive Advocacy: We fight tirelessly for our clients at every stage, from arraignment through trial and appeal if necessary.
• Personalized Attention: You're not just a case number to us. We take the time to understand your unique situation and tailor our defense strategy accordingly.
• 24/7 Availability: Criminal charges don't just happen during business hours. We're available around the clock to assist you.
• Proven Results: We have a track record of getting charges reduced or dismissed and securing acquittals at trial.

Don't let criminal charges derail your life. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We'll review your case, explain your options, and start building your defense immediately. With us in your corner, you'll have the best chance at a positive outcome.Remember, the prosecution starts building their case against you immediately after charges are filed. Don't wait to get experienced legal representation on your side. Call us now to protect your rights and future.