Brooklyn Criminal Defense Lawyers | Best Brooklyn Criminal Lawyers
Your Right to Legal Representation
If you have been charged with a crime, you have the right to be represented by an attorney throughout the legal process. This is true whether the case is resolved by a trial or is resolved through a plea deal before one begins. Let’s take a look at what you should know about your rights after being taken into custody and what happens after that occurs.
Your Right to an Attorney
As soon as a police officer says that you are under arrest, you have no obligation to speak to that person. You should be notified that you have the right to an attorney while you are being cuffed. Once the request for an attorney is made, questioning must stop until he or she arrives. If questioning continues, anything that is said will generally be inadmissible in court.
Attorney-Client Privilege and Confidentiality
The majority of what you tell your attorney will remain confidential. The only information that must be disclosed is anything that you say about wanting to commit a crime in the future. In some cases, an attorney may also have to disclose to a judge that you want to hurt or kill yourself. Otherwise, whatever you tell your legal counsel remains strictly between yourself and that person. This allows you to open up about what happened without jeopardizing your ability to get a favorable outcome.
Public Defender Services
If you don’t have the means to afford an attorney, you will be entitled to use a public defender. This person will work on your behalf to obtain an acquittal or a plea bargain, and there is no need to pay this person regardless of the outcome of your case. It should be noted that a court may ask you to prove that you cannot afford an attorney before providing one.
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Your legal counsel will create an argument that creates doubt as to your guilt. For instance, it is possible to cross-examine a witness in an effort to create holes in their story. It can also be possible to cast doubt on a police report or physical evidence used by the prosecution.
Expert Witnesses
In some cases, an expert witness will be hired by a lawyer to testify on your behalf. The expert witness has a background in interpreting certain types of evidence. For example, a ballistics expert can state that you likely didn’t commit the crime because the bullet was fired from the wrong angle.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You were arrested in Brooklyn after a misidentification during a street altercation and brought to the 77th Precinct for booking. The detectives are pressuring you to answer questions and sign a written statement before you've had a chance to speak with anyone about your rights.
Do I have to answer the detectives' questions, and when exactly am I entitled to have a lawyer present?
Under the Sixth Amendment to the U.S. Constitution and New York Criminal Procedure Law § 170.10, you have an absolute right to legal representation at every critical stage of a criminal proceeding, including custodial interrogation. Once you invoke your right to counsel, all questioning must stop immediately until your attorney is present — this protection was firmly established in Miranda v. Arizona and reinforced by New York's unique indelible right to counsel doctrine under People v. Rogers. You are under no obligation to sign any statement or answer any questions, and doing so without an attorney present could seriously compromise your defense. If you cannot afford a lawyer, the court must assign one to you at arraignment, but you should clearly and unequivocally state that you want a lawyer right now to ensure the police halt their interrogation.
This is general information only. Contact us for advice specific to your situation.
Motions to Suppress Evidence
Attorneys may also make motions to suppress evidence, which means that it can’t be heard by a jury. Depending on the type of evidence that as suppressed, it could lead to a case being thrown out. It could also result in additional leverage for a favorable plea deal in your case.
