Questions to Ask About the Criminal Defense Legal Process in New York City

Questions to Ask About the Criminal Defense Legal Process in New York City

Getting arrested can be scary and confusing. The legal process seems complicated, and you probably have a lot of questions. This article will walk you through some key questions to ask your New York City criminal defense lawyer so you can understand what’s happening and make informed decisions.

At the Police Station

If you’ve been arrested, the police will take you to the station for booking. Here are some questions to ask your lawyer about this initial process:

• Why was I arrested? What are the charges against me?
• Should I answer the police’s questions or invoke my right to remain silent?
• Can I call someone to tell them I’ve been arrested?
• How long can the police legally hold me at the station?

You have the right to know why you were arrested and what the charges are. This helps you and your lawyer start preparing your defense. You also have the right to remain silent – your lawyer can advise if you should invoke this or answer questions. Finally, you may be able to make phone calls, and your lawyer can tell you how long the police can hold you before taking you to court.

At Your Arraignment

After booking, you’ll be taken to court for your arraignment. This is where the judge reads the charges against you and decides whether to set bail. Ask your lawyer:

• What are my options for pleading at the arraignment?
• What factors will the judge consider when setting bail?
• What bail amount/release conditions will you argue for?
• If I can’t afford bail, how long until my trial?

At the arraignment, you can plead guilty, not guilty, or no contest. Your lawyer will explain the best plea for your situation. They’ll also advocate for bail terms you can meet or, if not, prepare you for a longer wait for trial in jail.

Working With Your Lawyer

After the arraignment, you’ll start working with your lawyer on your defense. Key questions here include:

• What are my options for resolving this case (plea bargain, trial, etc)?
• What defenses could apply to my charges?
• What pretrial motions could you make in my case?
• How likely am I to win at trial versus take a plea deal?
• What sentence am I facing if convicted?

Your lawyer will go over all your options for fighting the charges or negotiating a plea deal. They’ll also assess potential defenses, pretrial motions to exclude evidence, and your general chances at trial. Understanding potential outcomes will help you decide how to proceed.

Preparing for Trial

If your case goes to trial, you’ll want to ask questions like:

• What do we need to do to prepare for trial?
• What witnesses and evidence will the prosecution use against me?
• What witnesses and evidence can we use for my defense?
• What questions will I be asked on the stand if I testify?
• What’s our trial strategy for getting an acquittal or lesser conviction?

Thorough preparation and understanding the prosecution’s case is key. Your lawyer will investigate their evidence and witnesses and gather your own. They’ll also prep you to testify effectively, if you choose to. The goal is developing a trial strategy that highlights reasonable doubt.

After a Conviction

If you’re convicted, questions for your lawyer include:

• What post-conviction motions can we make to set aside the conviction?
• What are the sentencing guidelines for my conviction?
• What alternative sentences are available besides incarceration?
• Can we appeal the conviction or sentence?
• What are the chances my appeal will succeed?

Your lawyer can file motions challenging the conviction and advocate for the minimum sentence under guidelines. They can also identify sentencing alternatives to jail time. Finally, they can advise if grounds exist for a viable appeal.