FAQ
Agressive Representation from a NYC Attorney
With years of experience with criminal law in New York and New Jersey, Gary Kaufman takes pride in his honesty and integrity in consulting with potential clients. If you are under investigation or already charged, the following questions will help you prepare for your defense. If you have additional questions, please contact us directly
How Soon After Arrest Will I Be Brought to Court?
In New York State you must be arraigned within 24 hours of arrest if you are being held by law enforcement. In New Jersey you must be brought to court for a bail determination within 12 hours and for a first appearance within 72 hours of arrest.
What Will Happen at Arraignment?
At arraignment, you will find out what charges the prosecutor has decided to bring against you and the judge will decide whether to release you on your own recognizance, set bail, if bail is set how much, or to remand you. Remand is not authorized on misdemeanors. In some instances your case can be resolved at arraignment.
Do I Need A Lawyer?
If you are asking that question, the answer is probably yes. At the very least you should consult with an attorney. If you are being investigated, but are not sure why, an attorney can get to the bottom of it and try to stop the investigation, prevent prosecution, or minimize the damage from prosecution. If a police officer leaves a note or a business card under your door, an attorney can contact the officer and preserve your rights.
How soon after an arrest should a lawyer be contacted?
Immediately. If you are arrested, a good attorney will figure out what precinct you have been taken to, invoke your rights, try to get you released from the precinct, and go immediately to the courthouse to make sure you are arraigned as soon as possible, with the best chance of release with little or no bail.
What are my rights?
If you are suspected of criminal activity you have a lot of rights. The police and other investigators are trained to get you to waive those rights to incriminate yourself. No matter what the police officer says to you, he is not your friend. The officer’s job is arrest you and get you to incriminate yourself before passing your case off to a prosecutor.
But I’m Innocent, What Should I Do?
If you are innocent, you do not have to take a plea. An attorney can prepare your case for trial or attempt to persuade the prosecutor that they are mistaken. This usually requires investigation and there are things you should do immediately to help. If you have suffered injury take pictures immediately before bruises begin to fade. If there are witnesses gather their contact information to provide to your attorney.
What if I’m not Innocent, What Should I Do Then?
If you are not innocent it is even more important to protect your rights. Do not speak to the police. Anything you say will be used against you. Just because you may not be factually innocent, does not change the fact that the prosecution still has the burden to prove you guilty. This requires a great deal of work for the government and a good attorney will work to achieve a favorable plea deal, or if necessary prepare for trial.
How long does a conviction last?
In New York a felony or misdemeanor conviction is for life. New York does not currently have an expungement or sealing law. New Jersey does have sealing in some circumstances. The New York State Legislature is expected to take up the issue of sealing criminal records soon. Violation pleas in New York do not result in a criminal record and are often sealed in one year.
Suspended from School?
My child has received a letter to report to a school suspension hearing. Does he need an attorney?
You have the right to hire an attorney for a school suspension hearing and it is highly advised that you do so. Unlike in a criminal case, an attorney will not be provided for your child, if you cannot afford one. The consequences of a school suspension hearing are serious and can have a significant impact on your child’s future, so it is advisable to have the help of an experienced attorney who can protect your child’s future.
What happens at a school suspension hearing?
A school suspension hearing functions similarly to a criminal trial, in that one side presents evidence through witnesses and your child’s attorney is allowed to cross examine those witnesses. Unlike a criminal case, however, a school suspension hearing is prosecuted by a school official, usually the Dean of Students. At the end of the hearing your child’s attorney is given the chance to present mitigating evidence to lessen you child’s potential punishment.
