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How an Experienced NYC Criminal Attorney Can Defend Your Rights

March 21, 2024 Uncategorized

 

How an Experienced NYC Criminal Attorney Can Defend Your Rights

Getting arrested can be one of the most traumatic experiences in someone’s life. Even if you’re innocent, being put in handcuffs, read your rights, and taken to jail is a scary thing. What makes it worse is knowing that the police and District Attorney’s office are building a case against you, trying to take away your freedom.

That’s why it’s so important to have an experienced criminal defense attorney on your side. The legal system can seem stacked against regular folks like you and me. Prosecutors have tons of resources and the full force of the government behind them. You need someone in your corner who knows how to stand up for your rights.

In this article, I want to give you an inside look at how a good NYC criminal lawyer can defend your rights every step of the way. We’ll cover:

  • How they conduct investigations to build your defense
  • Negotiating with prosecutors for better plea deals
  • Filing motions to get evidence thrown out
  • Mounting an aggressive defense at trial
  • Avoiding common mistakes that hurt clients

Let’s get started!

Thorough Investigations & Witness Interviews

One of the first things an experienced criminal attorney will do is conduct their own investigation into the facts of your case. They know that the police and prosecution don’t always get things right, so they’ll want to go back over everything with a fine tooth comb.

This means tracking down witnesses who were there when you were arrested. It means going to the scene to look for security cameras or other evidence the police may have missed. An attorney’s investigator will canvas the neighborhood trying to find anyone who can help establish your innocence.

For example, in a drug possession case, a witness may be able to testify that the drugs actually belonged to someone else. Or video footage could show you were somewhere else at the time. Investigations aim to build reasonable doubt about the prosecution’s version of events.

Negotiating with Prosecutors for Better Plea Deals

Over 90% of criminal cases end in a plea bargain, not a trial. An experienced NYC criminal lawyer will know how to negotiate with prosecutors to get you the best possible deal. That means less jail time, fewer charges, and less severe penalties.

A good attorney will meet with the Assistant District Attorney and highlight weaknesses in their case. For example, if a witness isn’t credible or the police violated your rights, a lawyer can leverage that to get charges dropped or reduced.

Many cases come down to back-and-forth negotiation. An attorney’s relationships and reputation with local prosecutors can make a huge difference. The goal is getting you an offer that doesn’t ruin your life.

Filing Motions to Suppress Evidence or Dismiss the Case

In some cases, an attorney may be able to get damaging evidence thrown out or the case dismissed altogether. This happens through filing motions with the court.

For example, if the police searched you without a warrant, your attorney can file a motion to suppress the evidence found during that search. If the judge agrees that your rights were violated, that evidence can’t be used against you.

Other motions may argue there’s insufficient evidence to support the charges. Or the law itself is unconstitutional. Getting charges dismissed through a motion can end the case without a trial.

Mounting an Aggressive Defense at Trial

If your case does go to trial, an experienced NYC criminal attorney will fight tooth and nail to win an acquittal. This means grilling witnesses on cross-examination, objecting to evidence that violates the rules, and putting on your own witnesses.

An effective trial lawyer will tell your story in a compelling way that creates reasonable doubt for the jury. They’ll passionately advocate for your innocence while poking holes in the prosecution’s case. The goal is to show jurors that voting “not guilty” is the only choice supported by the evidence.

While less than 5% of criminal cases go to trial, choosing the right lawyer for the fight can make all the difference if yours is one of those rare cases.

Avoiding Common Mistakes That Hurt Clients

One advantage of hiring an experienced criminal defense attorney is they’ve seen how seemingly small mistakes can hurt clients. A lawyer who’s been practicing for years in NYC courts knows what to avoid.

For example, they’ll tell you to never speak with police without your attorney present. Many people mistakenly think they can talk their way out of an investigation, but that often backfires. Invoke your right to remain silent!

Your lawyer will also caution against venting about your case on social media. Prosecutors can use your posts against you. It’s better to stay quiet and let your attorney do the talking.

There are many other pitfalls where having the right guidance can make or break your case. So it’s critical to have a knowledgeable lawyer watching your back.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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