If you have been accused of a crime in New York, you may want to hire an attorney to help you defend your case. You have rights and options, and the state's Constitution guarantees that you are entitled to counsel at the beginning of any criminal proceeding. However, you should not trust just any attorney.
You should also know that your right to a trial depends on the type of charges you have been charged with. In most cases, if you have been charged with a misdemeanor, you will have the choice of either a plea bargain or a jury trial. In a felony case, you will have the choice of a jury trial or a bench trial. A felony jury trial involves a 12-member panel, while a bench trial involves a six-member panel. During a bench trial, the court will be asked to unanimously determine whether you have been guilty of the charge you were accused of.
Depending on the circumstances of your case, your lawyer may have to cross-examine witnesses. If you have hired an attorney, you may also be able to request a sealed transcript of the proceedings. A court reporter can also prepare a transcript of the proceedings for you.
The prosecution has 45 days after you have been charged to present your case to a grand jury. During the proceedings, the prosecutor may call witnesses or provide physical evidence. If he or she does not find enough evidence to indict you, they can challenge your release or ask the court to dismiss the charges against you.
If you are not able to afford a lawyer, you will be assigned one by the court. In some counties, you may be able to hire a Public Defender's Office to represent you in your criminal case. In these instances, you should be sure to choose an attorney who is knowledgeable in your particular county's laws.
In New York City, you have the option of a plea bargain or a jury trial. A plea bargain means that you are offered a reduced sentence before your case goes to trial. In a felony case, a conviction is permanent and will not erase your record. If you are convicted of a misdemeanor, you can be jailed for a period of time or lose your driver's license. In some counties, you may face a number of other consequences such as loss of immigration status or a lower credit score.
You are not guaranteed a fair trial if you are an indigent defendant. If you are unable to pay for an attorney, you will be assigned an attorney at the expense of the state. If you can afford an attorney, you will be given the choice of a lawyer who is appointed by the court or an attorney from another legal services agency.
If you have been arrested and charged with a criminal offense, there are several things you need to know about the penalties that you can face. These penalties can affect your employment, professional license, and legal status. In order to learn more about the penalties you may receive for a criminal conviction, it is a good idea to talk with a New York state licensed attorney.
Generally, crimes in the United States are classified into two categories: misdemeanors and felonies. While misdemeanors are less serious than felonies, they can still result in prison time or fines. For instance, aggravated unlicensed driving is considered a misdemeanor and can be punishable by a fine of up to $500. It is also possible to be found guilty of an unclassified misdemeanor and serve a jail sentence for up to 15 days.
The penalties for a criminal conviction in New York vary based on the crime, your criminal history, and the amount of time you have been convicted of the offense. For example, a person convicted of assault in the first degree can get up to 15 years in a state penitentiary. Another example of a felony is the assault of a police officer.
Misdemeanors can be punished with fines, probation, or community service. A Class A misdemeanor can be punishable by up to a year in jail, while a Class B misdemeanor can be punished with a maximum of 90 days in jail. If you are convicted of a Class A misdemeanor, you may also be required to pay mandatory state surcharges.
Felonies are the most severe crimes in the state of New York. They can carry a prison term ranging from one year to life. For a violent felony, the minimum and maximum sentences are much higher than those for a non-violent felony. Usually, a non-predicate felon will be given a minimum of one-third of the maximum sentence, while a predicate felony offender will be given the maximum sentence. In addition, the penalty for a Class A felony is usually much higher than the penalties for a Class B felony. In contrast, the minimum and maximum penalty for a Class C felony are similar to those for a Class A felony.
When a person is convicted of a felony, they are subject to a lengthy court process. Typically, a person is given a court date and appearance ticket, which indicates where and when they will appear in court. They can also be issued a pre-trial release program. This allows people with a criminal record to participate in programs that involve education, counseling, and negotiation of a recommended sentence. Some county plans may include private legal aide societies, public defenders, or a panel of private attorneys.
When you have been convicted of a criminal offense, you can petition the court clerk to seal your conviction. However, there are certain exemptions to sealing a record. For example, the military, federal employers, and employers with specific exemptions may be able to seal records.
If you have been charged with a crime, you may have heard the term "Statue of Limitations." This is a rule that governs the amount of time in which a person can be prosecuted for a particular criminal offense. The time limit may vary by jurisdiction. It also depends on the type of crime you are accused of. Generally, the statute of limitations applies to both criminal and civil cases. This is because evidence may lose value over the course of time. It can also become lost in the process of trying to prove a case.
The purpose of a statute of limitations is to prevent unfair prosecution. It also allows for the prompt resolution of a legal dispute. However, this type of law is highly controversial. Some people believe that it is unnecessary. Others believe that it is necessary for the preservation of evidence. Regardless of your view, the rules of criminal law are complicated and can be confusing. If you find yourself in a situation where you are being sued, it is always a good idea to seek the help of a qualified attorney. Often, there are special circumstances that may extend or toll the statute of limitations.
A statute of limitation is also sometimes called a statutory time limit. This is an official rule establishing a maximum period of time for a person to be prosecuted for a particular crime. The specific details of the statute can vary from state to state and even from county to county within the same state.
The general law of the land applies a five-year statute of limitations for most crimes, except for certain exceptions. A statute of limitations can be suspended or tolled for some situations, such as child abuse or bankruptcy. If you are facing such a situation, it is best to consult with a qualified criminal lawyer. The Solicitor-General can also extend or toll the statute of limitations.
The statute of limitations also allows for a "discovery rule" for prosecutors. The rule states that an accusatory instrument must be discovered by the aggrieved party within a specified amount of time. This is useful to both prosecutors and victims of a difficult crime. For instance, if you were accused of committing a sexual offense against a minor, you would have to know the crime before the statute of limitations runs out.
In some cases, a statute of limitations is reduced or eliminated to ensure that the defendant can have a fair trial. This is especially important in a case where the defendant's memory has faded or is unreliable. The loss of such information can lead to a wrongful conviction.
In some cases, a statute's length may be extended, such as when a fugitive is being sought. Some courts have ruled that a statute of limitations may be retroactively increased in some situations.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060