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Why Hire Both a State and Federal Criminal Defense Lawyer in NYC?

March 21, 2024 Uncategorized

Why Hire Both a State and Federal Criminal Defense Lawyer in NYC?

If you have been charged with a crime in New York City, having an experienced criminal defense lawyer on your side is crucial. However, you may need more than just one lawyer. Hiring both a state and federal criminal defense lawyer can provide broader expertise and increased chances of getting charges reduced or dismissed.

Different Court Systems

There are both federal and state courts in NYC. The New York state court system handles cases prosecuted under state laws. For example, robbery, assault, theft, and murder are prosecuted in state courts. Federal courts deal with federal crimes like counterfeiting, bank fraud, trafficking, and cases related to the U.S. constitution. Federal crimes often carry harsher penalties.

The rules and procedures differ quite a bit between the state and federal systems. Federal courts tend to have more resources but stricter sentencing guidelines. Hiring lawyers experienced with both systems ensures someone is looking out for your rights and best interests in each arena.

Better Strategizing

In some cases, a person may face charges in both state and federal courts for the same underlying incident. For example, a drug trafficking case could lead to state charges for possession or distribution as well as federal charges for transporting drugs across state lines. The potential penalties can add up quickly.

Having both a federal and state lawyer allows better coordination of defense strategies between the two cases. They can work together to get charges dismissed or reduced and avoid situations where pleading out on one charge leads to a harsh sentence on the other charge.

Increased Chance of Getting Charges Dismissed

Dismissing charges requires identifying issues like illegal searches, lack of probable cause, improper police procedures, and constitutional rights violations. State and federal defense lawyers focus on finding issues within their respective court procedures and laws.

A federal lawyer may spot a 4th amendment illegal search and seizure issue that violates your constitutional rights. A state lawyer could identify a failure to read you Miranda rights or lack of probable cause under New York law. Together, they can build a stronger case for getting evidence suppressed or charges dismissed by attacking the case from multiple angles.

Better Sentencing Outcomes

If charges cannot get dismissed entirely, the goal becomes negotiating plea deals with reduced sentences. The prosecution often starts with harsh charges and penalties as leverage to get defendants to take pleas without going to trial.

Having multiple lawyers working on your defense makes it more likely to get charges pleaded down to less serious offenses. State laws may offer diversion programs, deferred prosecutions, or rehabilitation sentences that avoid lengthy mandatory minimums under federal statutes. Experienced lawyers know how to navigate these options.

Reduced Legal Costs

At first, hiring two lawyers may seem more expensive. However, it can reduce overall legal costs in the long run. Having coordinated defense strategies makes it more likely to get acquittals or dismissals early on. That avoids lengthy trials and appeals processes that rack up expenses.

Also, by leveraging different state versus federal issues and programs, the lawyers can get penalties lowered. Less prison or jail time means lower legal bills and ability to get back to work and normal life sooner.

Finding the Right Lawyers for Your Case

Getting quality legal representation is crucial when facing criminal prosecution. Take time to research backgrounds and credentials when selecting federal and state criminal lawyers in NYC.

Look for attorneys with extensive trial experience in federal and state courts related to your charges. Verify they are licensed in New York and admitted to the right court bars. Read client reviews and ask about case dismissal rates. Meet with lawyers personally to ensure a good rapport and fit.

Just be sure to secure counsel in both arenas immediately. Time is critical for building an effective defense. Don’t go it alone against experienced prosecutors. Having a coordinated effort between state and federal lawyers gives the best chance of success.

Citations

Differences Between Federal and State Courts

Fourth Amendment Law Overview

New York State Court System

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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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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