Frequently Asked Questions about Criminal Law

What should I do if the police want to question me?

Do not talk to the police. Talk to your lawyer. I cannot emphasize this point enough. It amazes me how many seemingly intelligent people violate this basic rule of common sense. Nothing you say to the police can do you any good. They will use your own words against you. You must assume that they already believe you are guilty of whatever they claim you did. They are not your friends at this moment. Do not attempt to explain yourself. There will be plenty of time for that later. Do not sign any statements or give any information to them because they promise to "go easy on you" or any other such nonsense. Just politely ask to talk to a lawyer.

What should I do if the police arrest me?

The number one rule is to be polite, but give the police no information other than your name, address, and other "pedigree" type information. Do not talk about the case. Never be rude to a police officer. It can only make matters worse. Never refuse arrest or resist arrest. There will be time later for your lawyer to explain any misunderstanding. Don’t try to take matters into your own hands.

What if the police don’t read me my rights?

Contrary to popular belief, and most T.V. shows, the police do not have to read you your rights. They only must read you your rights if they decide to question you about the alleged crime. If they question you without reading you your rights, you can move to have your statement suppressed, but the case against you will not be dismissed. Sorry.

What is an arraignment?

An arraignment is the court appearance when you are notified of the charges being brought against you. It is often your first court appearance. Depending on the jurisdiction and the charges, it is also the time when your lawyer enters a plea on your behalf. Sometimes bail conditions are also addressed at the arraignment.

What’s the difference between a felony and a misdemeanor?

Felony charges are more serious than misdemeanor charges. In New York, a misdemeanor can carry a sentence of up to one year in a local jail. A felony can carry a much longer sentence in a state penitentiary. Other states have similar distinctions between these two types of crimes.

What is a preliminary hearing?

A preliminary hearing in New York (and most other states) is the court appearance when the prosecutor must show that there is sufficient evidence to hold you on felony charges.

What is a Grand Jury?

New York still has the grand jury system, unlike many other states. The grand jury is a group of up to twenty- three citizens who hear the prosecutor’s version of your case. Their role is to decide whether there is enough evidence to sustain the felony charges brought against you. Grand Juries are rarely used for misdemeanor charges. The grand jury proceedings are secret in New York, but the defendant does have the right to testify with the assistance of his or her lawyer.

What is a suppression motion?

A suppression motion is a (usually) written document prepared by the defense attorney that seeks to suppress certain evidence the prosecutor is looking to use against you at trial. Common motions will seek to suppress oral or written statements, physical evidence (a gun, drugs, bloody clothing) or an identification procedure which was conducted by the police, such as a line – up, show-up, or photo spread. Your lawyer may also make a motion to prevent the jury from hearing about any crimes of which you have been previously convicted, if you decide to testify at trial.

What is a plea bargain?

It is a negotiated deal worked out between the prosecutor and the defense lawyer. Usually, you will be asked to plead guilty to a lesser charge, or receive less than the maximum sentence, if you admit your guilt and do not force the prosecutor to prove your guilt at trial. Whether or not a plea bargain is advisable of course depends upon the facts and circumstances of your case.

Should I go to trial?

It depends. This is a difficult decision to make, and one that you and your attorney should consider very carefully. You have a right to a trial under the United States Constitution. The prosecutor has to prove the case against you beyond a reasonable doubt. You do not have to defend yourself, (although it’s probably a good idea if you do decide to go to trial). You do not have to take the stand in your own defense. Keep in mind that if you are found guilty after trial, the punishment is almost always far more severe than that you would be facing after a plea bargain. Each case is different. Only you and your lawyer can decide the answer to this question.