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The Importance of a New York Preliminary Hearing

The Importance of a New York Preliminary Hearing

Introduction

You’ve been charged with a felony in New York. It’s a scary and stressful situation, no doubt. But take a deep breath – you’re not alone. With the help of our skilled attorneys at Spodek Law Group, we can guide you through this process and fight for the best possible outcome. One of the first major steps? The preliminary hearing.You may have heard horror stories about the criminal justice system, or even experienced it first-hand before. The process can seem daunting and overwhelming. But understanding what lies ahead is key. So let’s dive into the nitty-gritty of preliminary hearings in New York and why they’re so crucial.

What is a Preliminary Hearing?

A preliminary hearing is essentially a mini-trial that takes place before your actual trial. It’s a critical early stage in felony cases in New York. During this hearing, the prosecution must present evidence to show there’s probable cause that you committed the crime you’re accused of.Probable cause is a relatively low legal standard – the judge just needs to find reasonable grounds to believe you may have committed the offense based on the evidence presented. It’s a far cry from the “beyond reasonable doubt” standard required for an actual conviction at trial.But make no mistake, this hearing can have huge implications for your case moving forward. If the judge finds probable cause, your felony case proceeds to the next step – the grand jury. If not? The charges against you could get dismissed or reduced.The stakes are high. Having a skilled New York criminal defense lawyer by your side is absolutely crucial.

When Does It Happen?

In New York, if the prosecutor wants to pursue felony charges, a preliminary hearing must automatically be held within 144 hours (6 days) of your arraignment. This tight timeline is meant to protect your due process rights.However, there are exceptions that could delay the hearing, like if you consent to postponing it or if you cause a delay yourself. Your attorney may advise doing this in certain situations to buy more prep time.You can also affirmatively request a preliminary hearing if the prosecutor initially proceeds by way of a grand jury indictment instead. This allows your lawyer to get an early look at the prosecution’s evidence against you.

What to Expect at the Hearing

So what actually happens at one of these preliminary hearings? It’s a lot like a mini bench trial. The prosecutor will call witnesses, likely police officers involved in your arrest and investigation, and present other evidence aiming to establish probable cause.Your defense attorney then gets to cross-examine the prosecution’s witnesses and present your own evidence countering the allegations. You may even choose to take the stand yourself, though this isn’t always advisable without careful consideration.The judge will preside over the hearing and ultimately decide whether probable cause exists based on all the evidence and arguments presented by both sides.This is your first real opportunity to poke holes in the prosecution’s case against you. Having a top-notch lawyer who can skillfully cross-examine witnesses and counter the evidence is absolutely vital.

Potential Outcomes

There are essentially three potential outcomes from a preliminary hearing:

  1. Probable Cause Found: If the judge rules there is probable cause you committed the felony, your case will proceed to the grand jury stage. You may be held in custody or have bail set pending further proceedings.
  2. Probable Cause Not Found: If the judge finds the evidence lacking, they can dismiss some or all charges against you. This is the best-case scenario – your felony case is over before it really began.
  3. Charges Reduced: Even if probable cause is found for some charges, the judge may reduce others to misdemeanors if the evidence doesn’t support felony-level offenses. This can still be a win compared to facing the original charges.

No matter the outcome, having an aggressive defense attorney who understands how to effectively counter the prosecution’s arguments is key. The preliminary hearing provides a crucial preview of their case and an opportunity to start undermining it from the very start.At Spodek Law Group, our top New York criminal lawyers have decades of experience taking apart prosecutors’ cases from the ground up. We know all the tactics, and we’ll leave no stone unturned in attacking the evidence against you.

How We Can Help

Facing felony charges is an incredibly daunting prospect. But you don’t have to go it alone. Our elite legal team has successfully defended clients across New York in the toughest cases imaginable. From preliminary hearings to trials and appeals, we have a track record of winning – and we’re ready to bring that expertise to your defense.Preliminary hearings are a pivotal moment where the trajectory of your case can be drastically altered. With our attorneys’ skill in cross-examination, attention to detail, and mastery of criminal procedure, we can expose the weaknesses and flaws in the prosecution’s arguments right from the start.We understand how overwhelming this process can feel. But we’ve guided countless clients through it before. When you hire Spodek Law Group, you get a true partner completely committed to protecting your rights and freedom. We’ll break down each stage, formulate a battle-tested strategy, and fight tirelessly every step of the way.Don’t try to navigate this treacherous legal landscape alone. Our top-rated New York criminal defense lawyers are ready to take on your case and start attacking the charges today. Call us at 212-300-5196 or contact us online to schedule a free, confidential consultation.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Why Choose Spodek Law Group?

When your future is on the line, you need to hire the best legal minds in the business. At Spodek Law Group, we’ve assembled a powerhouse team with the experience, skill, and tenacity to take on the toughest cases. Here’s what sets us apart:

Unparalleled Expertise: Our attorneys are true veterans in the field of criminal defense, with decades of combined experience. We’ve handled virtually every type of case at every level – from preliminary hearings to complex trials and appeals. There’s no scenario we haven’t encountered before.

Holistic Approach: We never take a one-size-fits-all approach. From day one, we’ll take a deep dive into the details of your unique situation, crafting a personalized legal strategy to effectively dismantle the prosecution’s case and safeguard your rights.

Relentless Advocacy: Our attorneys are true legal warriors who will stop at nothing to protect our clients. We’ll pour through every shred of evidence, identify every possible flaw in the prosecution’s arguments, and fight aggressively to undermine their case at every turn. No stone is left unturned.

Proven Track Record: We’ve secured victories in some of the most complex, high-stakes cases imaginable. Our outstanding results speak for themselves – we simply know how to win.

Client-Focused Service: From our very first consultation, you’ll realize you’re so much more than just another case number to us. We take a personal approach, keeping you informed and involved every step of the way. You’ll always feel heard, respected, and in the loop.When it comes to your future, you deserve the very best legal representation money can buy. At Spodek Law Group, that’s exactly what you’ll get – an elite team of heavy-hitting litigators who will move mountains to secure the most favorable outcome possible.

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