Bronx Criminal Lawyers
Being Accused of a Crime in the Bronx: Understanding Your Charges
Being accused of a crime in the Bronx area has the potential to change your life for the worse. You can either spend several years in jail or serve a life sentence. This can create havoc not only in your life but also in the lives of your loved ones. It is thus important you take necessary steps to defend yourself in court. The first and most important thing you need to do is to understand what you are actually dealing with. This includes knowing which level of crime you are accused of, possible penalties, and potential defenses.
Level of Crime Charges in the Bronx
Crime charges in Bronx are based on the New York State Penal Code. Anyone who violates the laws stipulated in the code is said to have committed a criminal offense. The offenses are categorized into felonies and misdemeanors. Felonies involve serious offenses whose sentences exceed one year. Misdemeanors involve offenses for which a judge may impose a sentence of not less than 15 days but not exceeding one year. Felonies are further divided into class A, B, C, D, and E. Misdemeanors are divided into class A and B.
Class A felonies consist of major crimes such as terrorism, first-degree murder, drug trafficking, and arson in the first degree. Class B involves an attempt to commit a class A felony, insurance fraud in the first degree, bribery in the first degree, and grand larceny. Class C includes vehicular assault, manslaughter in the second degree, forgery in the first degree, and criminal solicitation in the first degree. Class D and E include reckless endangerment, labor trafficking, coercion, identity theft, unlawful imprisonment, and computer trespass.
Class A misdemeanors include sexual misconduct, petit larceny, theft of services, and fraudulent accosting. Class B misdemeanors include issuing bad checks, prostitution, and loitering.
Possible Penalties for Crimes Committed in the Bronx
Someone convicted of a crime may be sentenced to imprisonment, probation, or given a fine during disposition. The judge may issue probation during the verdict based on the nature of the crime committed and the history and character of the offender. For class A and B felonies committed by drug offenders and sexual violators, the period of probation shall be for life. For class A misdemeanors, the probation period shall not exceed six years. For Class B misdemeanors, the period shall be no more than three years.
In scenarios where the judge decides that the offender is not safe for the public, he may issue a prison sentence. A class A felony may attract life imprisonment. Class B and C do not exceed 25 and 15 years, respectively. Class D will not go beyond seven years, and class E four years. All misdemeanors do not exceed one year.
One can also be fined for the crime committed. Those with felony charges pay an amount not less than $5,000. A class felony A crime will attract up to $50,000 while class B will not exceed $30,000. A class C will attract $15,000. Those with misdemeanors will pay up to $1,000.
Criminal Defense
The first thing you need to do when accused of a crime in the Bronx is to look for ways to build your defense. The first issue to look at is the legality of your first encounter with the police. Collect as many details as possible regarding your first experience. If the police did not have a solid basis for detaining you, all the evidence collected must be suppressed, and they will have no case.
Remember that each criminal charge in the Bronx has a different consequence. There are laws and procedures put in place to guide the prosecution process. You need to identify all the facts surrounding the case, including the prosecutor’s evidence and witnesses. You should also research the law and discuss your case with the prosecutor.
There are certain circumstances that can change the course of defense in a criminal case. For instance, people aged below 16 years are considered not criminally responsible for conduct. Those aged 13, 14, and 15 years are only held responsible for conduct if they commit acts related to murder. Anyone who is below 19 years is eligible for the “Youth Offender” treatment in Bronx.
Hire a Qualified Lawyer
The New York justice system is very broad and complicated. There are a lot of procedures involved, from the point of arrest to prosecution. You need someone who has legal experience by your side during these tough times. A Criminal Defense lawyer understands all the aspects of criminal law. He knows how to gather critical evidence and identify certain legal loopholes that might boost your defense. Fighting the war knowing who is exactly is in the front-line will yield successful results.
However, not all lawyers have what it takes to represent a client in court and deliver desirable results. You need someone who is skilled and experienced in the field of Criminal Defense. You also need a lawyer who specializes exclusively in crime-related cases. Those who combine Criminal Defense with other legal areas such as personal injury and divorce will not give your case the attention it deserves.
Do you need to hire a criminal lawyer?
There are many different kinds of lawyers out there capable of representing you when you need them. But when you’re being charged with a crime, a criminal lawyer is almost always necessary. Regardless of your circumstances, it is always a good idea to get the help of a criminal lawyer.
Why is a criminal lawyer necessary?
When you file for something bankruptcy or divorce, it is recommended to have an attorney representing you for an additional layer of protection. But if something doesn’t go your way, the consequences usually aren’t that high. While you may be put out a bit, you probably won’t face time in jail or steep fines.
But when you are charged with a crime, the stakes are typically much different. With so much on the line, representing yourself usually isn’t the best decision to make. There are a few reasons this is true.
First, criminal cases typically have specific definitions, punishments, and procedures. If you don’t fully understand how those policies need to be carried out, you may violate the court and face additional punishments. In most cases, criminal law cannot be understood and applied just by doing research online.
Because criminal attorneys spend years in law school educating themselves on the various rules and regulations of the court, you don’t need to worry about infractions or violations. Instead, you can focus on creating a strong defense that protects you from consequences.
What can a Criminal Attorney do?
Many people believe that they are capable of representing themselves, especially if they are innocent of the crime they are charged with. But even if you feel that just telling your story will set you free, that unfortunately isn’t always the case.
When you are charged with a crime, most people who determine your fate will assume that you are guilty. The judge, prosecutor, and police will all expect you to be punished for the crime, so if you choose to represent yourself, you may not be able to adequately prove why you aren’t the right person.
A criminal attorney will work with you to defend your case and show that you are not guilty of the crime or that you do not deserve a severe punishment. Through understanding the events of what happened, how you relate to the crime, and what factors surround the case, a criminal attorney can help come up with a strong enough defense to get you off – something that is rather difficult to do when representing yourself.
Having an attorney to defend you also means that they can negotiate on your behalf. Because criminal lawyers understand the ins and outs of negotiating in a legal setting, including knowing what is typical for similar crimes and what factors may allow for a reduced sentence, your punishment is likely to be less severe when you have a criminal attorney defending you.
Another benefit of using an attorney instead of defending yourself is that you are paying for the lawyer’s time and attention. Because they do not need to worry about going to another job or other distractions, they can put all their focus into developing your case. If you choose to defend yourself, you may struggle to find the right time to work on your case.
Finally, a criminal attorney can give you some perspective about the case and what kind of sentence you are looking at. Because they are a professional and have worked in similar situations before, they know what kind of punishment you may be facing. In any criminal case, it is important to have a firm grasp on the reality of potential consequences or sentences.
Bronx Criminal Lawyers
Being accused of a criminal offense can have a huge impact on your life. Regardless of whether you are accused of a misdemeanor in Bronx, or a more serious felony, you need a Bronx criminal defense lawyer on your side like Todd Spodek – who believes in you, and can help you. At the law offices of Todd Spodek, we handle cases of all sizes – big and small. We treat each and every client like family, with dignity, and respect. We handle all types of criminal defense cases – focusing on getting the results possible for our clients. When you are facing criminal charges, hiring a private criminal defense lawyer is critical. At our law firm, we work for you, and work to understand your case and give you a fair estimate of what to expect on your case under the law. Let’s face it, being charged with a crime can be frightening, and stressful even if the charges aren’t valid. Consequences of being convicted of a crime can be serious, and financially devastating. It’s critical you know your rights, and secure private counsel who can help you. The Spodek Law Group has over 40 years of experience practicing law in Bronx and is qualified to handle your defense case. Our attorneys will tell your side of the story to the judge, jury, and opposing prosecutors. We’ll inform you of your rights under the law, and we’ll fight to have your charges dropped/reduced. For example, if you’re in a liquor store and are accused of theft, we can help strike evidence. Moreover, we’ll work to investigate your case and collect all the evidence and witness testimony. Moreover, you’ll have someone who understands how to win criminal defense cases – which is crucial for success. When arrested, it’s crucial you retain skilled legal help that can defend your case. Facing criminal charges can be difficult.
Top-Rated Bronx Criminal Lawyers
Our law firm gives you a 1:1 legal consultation for all of your legal needs. We begin by meeting you immediately, and giving you a risk-free consultation. After we do that, we immediately begin investigating the situation. We understand your side of the story, and then try to find remediating factors which can help get your case dismissed. Being accused of a crime in the Bronx area has the potential to change your life for the worse. You can either spend several years in jail or serve a life sentence. This can create havoc not only in your life but also in the lives of your loved ones. It is thus important you take necessary steps to defend yourself in court. The first and most important thing you need to do is to understand what you are actually dealing with. This includes knowing which level of crime you are accused of, possible penalties, and potential defenses.
What to Do if There’s a Warrant for Your Arrest
Fortunately, the average person never deals with an arrest warrant in their name. Thousands of people do encounter this situation each year, though. Nothing is more intimidating or confusing than finding out about an arrest warrant. If someone tells you about a warrant in your name, then you’ll probably panic and rush to do something. However, your course of action involves some specific steps. Don’t make the mistake of rushing to action and putting yourself into further legal trouble.
Verifying the Warrant
When someone says you have a warrant, their words alone don’t mean anything. They could have bad information, or they could try to scare you for whatever reason. Therefore, you’ll want to try and verify the status of the warrant. A local police department database might exist for active warrants, or you could contact law enforcement. Databases aren’t always available, though, and a police officer may not verify a warrant’s existence. Heading to the local police department for info could result in arrest.
Contacting an Attorney
You’ll want to contact an attorney right away, if you can afford one. A lawyer can access various records to determine whether an active warrant exists. He or she can also guide you through the process of contacting law enforcement and turning yourself in. In reality, walking into a police station and surrendering without prior legal counsel isn’t the course of action. An attorney can negotiate your surrender to authorities and then guide you through the rest of the legal process.
Acting Promptly
In the end, you’ll want to act with haste and proper judgement here. Contacting an attorney is your course of action in most cases. Whether the warrant exists or not, you’ll want to be cautious. A prompt response to the warrant can help you avoid various consequences. Either way, you should never try to run from the authorities, and you shouldn’t wait too long to turn yourself in, if the warrant does exist.
Understanding the Legal Process After Criminal Charges
Arraignment Hearing
After you are arrested, you will be processed through the criminal justice systems and go through a series of legal procedures. It’s important to understand your rights and to know what to expect if you have been charged with a crime. Even if you are not guilty, you must adhere to what the law tells you to do.
After you are arrested and booked into custody, an arraignment hearing is set. The judge will tell you what you are being charged with and ask for your plea. The judge will also advise you that you have the right to a court-appointed lawyer if you can’t afford one. You can enter a not guilty, guilty or no contest plea.
The judge will enter your plea into the record and determine if you are eligible for a bail bond. If you are released on a bond you are expected to return for your next court date or risk another arrest. If you were arrested without a warrant, the prosecutor may hold a review for probable cause in court to determine whether there is enough evidence that you committed the crime. The probable cause review is typically held without the defendant in attendance.
In some cases, the charges against you may be dropped if the probable cause review or arraignment has not taken place in a timely manner, or due to a lack of evidence. The prosecutor may offer you a plea bargain before the case goes to trial. If you have been charged with a felony you will be given a preliminary hearing. If your case goes to trial your lawyer will locate witnesses and file motions on your behalf. The lawyer will request pertinent evidence from the prosecutor to defend you to the best of their abilities.
Understanding State vs. Federal Criminal Charges
Sovereignty and Jurisdiction
States have their own sovereignty due to the United States Constitution. The United States Constitution provides that the states can govern themselves, which allows the States to enact their owns laws. Many state and federal laws can overlap as well. However, when a federal law and state law directly conflict with each other, then the federal law will supersede the state law and the federal law will govern. This is because the Supremacy Clause of the United States Constitution states that the federal law is the “supreme” law of the land. Federal law can also govern one area of law and exclude States from enacting any laws pertaining to this area of law. Generally speaking, a federal crime normally has a more severe punishment and will often result in higher fines and longer imprisonment periods.
Usually, most crimes are prosecuted at the State level. However, there are certain circumstances where the federal prosecutors will choose to prosecute a defendant rather than defer to the State prosecutors to prosecute the crime. The areas that the Federal prosecutors will often prosecute are national security, taxes, military, post office and interstate business.
If a defendant meets the elements of both crimes, a defendant can be charge and prosecuted for both state and federal criminal charges. Double jeopardy only applies when the same entity tries a defendant twice for a charge. Since the federal government and the state government would constitute two different entities – this would not be considered double jeopardy. The same goes for another state – two states can prosecute a defendant for the same crime if the elements of the crime are met beyond a reasonable doubt.
Understanding the Difference Between Felony and Misdemeanor
Defining Felony and Misdemeanor
Although a felony and a misdemeanor might be interchangeably used in everyday conversations, in a court of law, they mean different things. A felony is considered a more serious crime, often involving an act of violence. Felonies are regarded as high crimes within the US Constitution. A felony is characterized under federal law as an offense punishable by imprisonment or death exceeding one year. It will be categorized by the nature of the crime, including but not limited to treason, murder, rape, manslaughter, or even kidnapping. This allows the court system to determine an appropriate sentence for a felony case.
On the other hand, a misdemeanor is defined as a lesser crime, usually punishable by a fine or serving jail time. Misdemeanors are tried in police or justice courts. Some common misdemeanors include assault, battery, drunk driving, shoplifting, and causing a public disturbance or stealing groceries from an Indian grocery store. Depending on the circumstances, a misdemeanor could result in a state prison sentence. They are still deemed more serious than an infraction despite Federal criminal law classifying them as minor transgressions.
To distinguish between a felony and a misdemeanor, a court of law must divide criminal actions into several categories. Felonies are often punished by jail sentences longer than a year, but misdemeanors are given more flexibility by the prosecutor in deciding which crimes to charge. Courtroom procedures have to be monitored to make sure the defendant’s rights are protected. Therefore, it’s been confirmed that a misdemeanor is less severe than a felony.
Understanding Vacating a Conviction
Legal Process of Vacating a Conviction
What does it mean to vacate a conviction? This term is used in a court of justice whenever a defendant pleads guilty as part of a plea bargain. It typically occurs if they believe they were unjustly convicted and choose to set aside the verdict. When a conviction is vacated, it means the first trial’s sentence is negated so that prosecutors have another opportunity to pursue their case. If certain conditions are met, such as an ineffective assistance of counsel, significant misconduct from the jury, or a breach of a plea agreement, then a defendant will be eligible for vacating a conviction.
The process starts with getting a criminal defense lawyer on board to examine one’s criminal record documents. If the case happened years ago and was already resolved, then a background check would be necessary. Successfully vacating a conviction should remove some of the social stigma associated with the crime. This would otherwise affect a person’s ability to apply for a job, find housing, get an education, or take out loans. As a legal service, it’s cost will vary depending on the state the trial was held in.
By petitioning the court to withdraw a guilty plea, they can wipe off all traces of the crime from their permanent record. However, there are some caveats to whether someone can vacate their felony convictions. For instance, felonies classified under class A cannot be vacated due to the severity of the crime. Furthermore, they cannot already have other pending criminal convictions. This person must also pay off all their fines and fees. If they were issued a restitution, they must complete required community service hours.
Can a Warrant be Removed?
Finding out that a warrant was filed against you is stressful. If you have a warrant out for your arrest, you are well advised to consult with a competent defense attorney. While a courtroom appearance is almost always required, in many cases, a warrant can be quashed.
It’s not easy to get rid of a warrant. For absconder warrants, bench warrants, and probation warrants, your attorney can file a motion to dismiss the warrant. You will have to be present in the courtroom while the motion is heard. Unfortunately, filing the motion does not necessarily keep the judge from throwing you in jail. Some judges will not heed any attorney’s arguments and will throw you in jail anyway.
If a warrant has been issued for your arrest, it is not possible to file a motion to dismiss the warrant. You will have to turn yourself into the police. Exceptions do exist, but they are uncommon.
If a warrant has been issued for your arrest in another jurisdiction, it may be possible to file a motion to have it removed. If you have special needs, in some circumstances, your attorney can work out an arrangement with the prosecutor to avoid arrest. Finding out that there is a warrant out for your arrest is never fun, but there are ways to resolve your situation. Get a competent criminal attorney and take care of your legal business.
Understanding Police Interrogation and Your Rights
Importance of the Right to Remain Silent
If a person confesses to a crime, that confession should be freely made. You’ve heard the words “you have the right to remain silent” before on television and in films. That right is derived from the Fifth Amendment of the U.S. Constitution, and it’s intended to protect people from being forced to give information that might be used against them to convict them of a crime. It’s called the right against self-incrimination. When a person is taken into police custody, he or she must be informed of the right to remain silent, and that any statement that is given might be used against him or her in court. The subject should also be advised of their right to counsel. If the right against self-incrimination is invoked during interrogation, police are required to stop questioning a suspect. If the right is invoked in a trial, prosecutors aren’t permitted to comment or criticize a defendant for refusing to testify.
Proper Invocation of Rights
Remaining silent during police questioning isn’t necessarily an invocation of the right to remain silent. It should be expressly and clearly articulated and invoked. Simply stating “I’d like to invoke my right to remain silent” is sufficient. If somebody persists on Fifth Amendment protection, but later waives it in a trial, he or she opens the door to being cross examined and having their credibility attacked.
Conclusion
Never give police a statement of any kind. They might not even have enough evidence to charge you with, but once you give that statement, you might be giving them enough. Always invoke your right to remain silent.
What Happens After a Person Is Arrested?
If you are arrested it’s important to understand the criminal justice process and what your rights are. You’ve been arrested if the police have you in custody and you are not able to leave. You will be advised by the officer that you are under arrest as opposed to being detained for questioning.
The police will take you to the precinct’s jail or detention facility where you will be asked basic information such as your name, address, and birth date. You will be photographed, fingerprinted, and entered into the system.
If the police wish to question you further, they will need to read you the Miranda Warnings. The Miranda Warnings advise you of your right to remain silent, your right to an attorney and your right not to incriminate yourself.
Depending on which state you are in, you will go to court within 48 to 72 hours. The judge will tell you what the charge is against you in the arraignment proceedings at which point you will respond to the charges with either guilty, not guilty or no contest. At the arraignment, you will be able to ask for a lawyer to represent you if you can’t afford one.
In some cases, you may be able to pay for a bond to get out of jail after the arraignment process. The bond is your promise to attend future court dates related to your arrest. If you don’t appear in court, you can be arrested for violating your bail conditions.
What Is a Clerk Magistrate Hearing?
In many misdemeanor cases, the defendant may undergo a clerk magistrate hearing. The primary reason for the hearing is for the clerk magistrate to look at the facts involving the case and decide if there is enough cause to issue a criminal complaint. Clerk magistrate hearings normally happen when there is a case where police officers are not the primary witness.
Hearing Process
At the hearing, the plaintiff will give their description of what happened. They may have witnesses testify on their behalf. The defendant is also allowed to testify if they choose to do so. None of the proceedings during the clerk magistrate hearing will be made public. After hearing all of the evidence and testimony, the clerk magistrate will make a decision.
Possible Outcomes
If the clerk believes that enough probable cause exists, the defendant will be arraigned. A criminal case will be opened. Regardless of whether the defendant is eventually found not guilty, public records of the case will stay on their record.
The clerk has the option to hold the case for a period of time and then dismiss it if there have been no new allegations brought up by the plaintiff. While the case is being held, the defendant has not been charged with a crime and any information concerning the hearing will remain confidential.
The clerk may also decide to dismiss the case if there is no probable cause. The information involving the hearing will remain concealed. The plaintiff could pursue a re-determination, which gives the judge an opportunity to analyze the case again and make another decision. The judge may choose to review the original information from the initial hearing, or they could choose to allow new witnesses or information to be presented.
What Is a Pretrial Conference or Pretrial Hearing in a Criminal Case?
A pretrial conference or pretrial hearing in a criminal case is a hearing that takes place before the trial. During this time, the judge as well as the plaintiff, defendant and the lawyers involved will gather together to determine some of the more uncertain legal matters. The goal during this time is to take care of legal issues that might impede the trial and cause problems. By taking care of these legal issues before the trial begins, the trial can run smoothly.
Sometimes a lawyer will talk about a pretrial hearing or pretrial conference that is essentially a meeting. After the pretrial hearing, there may be other pretrial meetings to discuss specific issues. These types of meetings only take place if there are concerns, questions or specific legal accusations that need to be resolved before the trial can take place.
What Do I Need to Do to Prepare for a Pretrial Hearing or Pretrial Conference Where I Am the Defendant?
A lawyer is a necessity for a pretrial hearing or pretrial conference. These are intense legal proceedings with complex legal language and are instrumental in the future development of the trial. During these proceedings, your lawyer may work with you to accept or reject an offer from the prosecutor or choose to keep your plea of “not guilty.” When you keep your plea of “not guilty,” you move on to the trial. During this time, your lawyer will be asking for a settlement offer as will the prosecution. Whether or not these settlements will be agreed upon or whether or not they are a good choice for you, the defendant, depends on each individual case.
What Is an Arraignment?
Individuals who are arrested for the first time often do not understand how the process works beyond being handcuffed and taken to jail. The booking process is standard procedure that all defendants must experience before any court appearance, regardless of the charge. Most local authorities have a central jail for everyone detained, while larger cities will have multiple locations. Many jails also have an electronic courtroom where defendants may appear before the judge as well without the need for transporting the defendant. This works well for both the court and defendants in terms of quickly initializing the case, often including determination by the judge regarding whether the charges are even valid.
This first appearance before the judge is called an arraignment. It is the technical legal term for having a defendant’s charges read in open court in a public forum. The judge will read the charges to the defendant and assess them for financial ability to retain an attorney if necessary. Bond assessment is commonly made as well at the arraignment if the defendant has been held. The arraignment will also result in having a court date set for a hearing on the case particulars. Defendants who are facing jail time are also required to have representation, and those who cannot afford an attorney are appointed legal counsel at the arraignment unless the state does not maintain a public defender office in the court system.
Some states require judges to formally read charges to defendants if an indictment is the reason for arrest. Defendants who have been released from jail and retained legal counsel can have the attorney appear for them or waive arraignment proceedings altogether once they have designated legal counsel. Obtaining legal representation before the arraignment process can be a real advantage for arrested individuals who may not be guilty because they can also assist their attorney in crafting a defense and alibi upon being released from jail.
Level of Crime Charges in the Bronx
Crime charges in Bronx are based on the New York State Penal Code. Anyone who violates the laws stipulated in the code is said to have committed a criminal offense. The offenses are categorised into felonies and misdemeanors. Felonies involve serious offenses whose sentences exceed one year. Misdemeanors involve offenses for which a judge may impose a sentence of not less than 15 days but not exceeding one year. Felonies are further divided into class A, B, C, D and E.
Misdemeanors are divided into class A and B. Class A felonies consist of major crimes such as terrorism, first-degree murder, drug trafficking and arson in the first degree. Class B involves an attempt to commit a class A felony, insurance fraud in the first degree, bribery in the first degree and grand larceny. Class C includes vehicular assault, manslaughter in the second degree, forgery in the first degree and criminal solicitation in the first degree. Class D and E include reckless endangerment, labor trafficking, coercion, identity theft, unlawful imprisonment and computer trespass. Class A misdemeanors include sexual misconduct, petit larceny, theft of services and fraudulent accosting. Class B misdemeanors include issuing bad checks, prostitution and loitering.
Should I Hire a Public Defender or a Private Bronx Criminal Attorney
Public defenders are a crucial component of the legal system. They are given, to anyone, and everyone, accused of a crime. The only problem is, public defenders don’t necessarily provide the defense for clients. Public defenders work for the state, and as a result – aren’t necessarily looking out for your interest. Because the government pays them – there’s immense questions about where their loyalty lies. Many times, public defenders will pay little to no attention to your Bronx criminal case, because they have too much work on their hands. In addition, public defenders regularly work in a specific court, and they become the ally of the court officials and prosecutors. As a result, the public defender will sometimes choose to maintain his relationship, and not fight hard on your behalf. We highly recommend you hire a private criminal attorney if you can afford to. If you are accused of a crime in Bronx, we encourage you to contact our criminal lawyers. We will do a through and professional investigation of your case.
We are familiar with the Bronx criminal courts, and very aggressive about representing our clients – and will go to trial if needed. We understand how to craft a strong defense against criminal charges. Often, our clients see their cases dismissed, or charges significantly reduced.