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What to Expect at Your First Meeting with a Criminal Defense Lawyer in NYC

March 21, 2024 Uncategorized

 

What to Expect at Your First Meeting with a Criminal Defense Lawyer in NYC

Getting arrested and charged with a crime can be an incredibly stressful and scary experience. Even if you’re innocent, the criminal justice system can feel cold, confusing, and intimidating. That’s why it’s so important to have an experienced criminal defense lawyer on your side from the very beginning.

If you’ve been arrested in New York City, one of the first things you’ll want to do is meet with a criminal defense attorney. This initial consultation is crucial for understanding the charges against you, potential defenses, and beginning to build your legal strategy. Here’s an overview of what you can expect at your first meeting with a NYC criminal defense lawyer:

Getting the Details of Your Case

The first priority is for your lawyer to get all the facts about your arrest and charges. They’ll want to know:

  • What were you arrested and charged with specifically? (e.g. assault, drug possession, theft, etc)
  • When and where were you arrested?
  • Who arrested you? (NYPD, Port Authority Police, etc)
  • Were you interrogated or did you make any statements?
  • Are they any alleged victims or witnesses against you?
  • Do the police have any evidence against you? (drugs, surveillance footage, etc)

Giving your lawyer a complete understanding of the case against you allows them to start identifying potential defenses and legal strategies. They can also advise you on whether additional investigation or discovery is needed.

Discussing Possible Defenses

After learning the allegations, your attorney will discuss possible defenses that could get your charges reduced or dismissed. Common criminal defenses in NYC include:

  • Illegal Search & Seizure – If the police violated your 4th Amendment rights, evidence may be suppressed. For example, if the cops searched you without probable cause.
  • Miranda Rights Violation – If police interrogated you without reading you your Miranda rights, your statements could get thrown out.
  • Misidentification – Mistaken identity is a common defense, especially in cases with eyewitness allegations.
  • Self-Defense – For assault, you may argue you acted in self-defense against the alleged victim.
  • Consent – In sex crime cases, you may claim the alleged victim consented to the conduct.

Your lawyer will analyze the facts and help you decide what defenses give you the best chance at an acquittal or dismissal.

Understanding the Charges & Potential Penalties

Your attorney will also explain exactly what you’ve been charged with under New York criminal law. This includes outlining the specific elements the prosecution must prove beyond a reasonable doubt. Understanding the charges is key to starting to build your defense.

They’ll also discuss the potential penalties if convicted, including the minimum and maximum jail sentences. This allows you to fully grasp the seriousness of the situation so you can make informed decisions when weighing options like plea bargains.

Getting Your Side of the Story

A good lawyer won’t make any judgments until they have your full account of what happened. This is your chance to explain yourself, provide additional details, and give your perspective on the events leading up to your arrest. Being open and honest with your lawyer is critical for them to best defend you.

Explaining the Criminal Process & Next Steps

For many, how the criminal justice system works is a mystery. Your attorney will outline the typical process and court procedures in New York, like:

  • First court appearances
  • Prosecution discovery obligations
  • Defense investigation and motions
  • Plea bargaining and negotiations
  • Trial preparation

They’ll also explain what the immediate next steps will be, whether that’s a bail hearing, reviewing prosecution evidence, conducting defense investigation, or beginning plea discussions. Knowing what to expect can provide some peace of mind.

Answering All Your Questions

This first meeting is your opportunity to ask any questions you may have and address any concerns. Common questions include:

  • Will I do jail time if convicted?
  • Should I accept a plea bargain?
  • How strong is the evidence against me?
  • What are my chances of winning at trial?
  • How much will you charge to represent me?

Any experienced NYC criminal lawyer will welcome your questions. The more informed you are, the better positioned you’ll be to make smart legal choices.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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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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