New York City Criminal Defense Lawyer

The firm’s primary focus is defending New Yorkers from criminal prosecution. With over a decade of experience as both a city and state prosecutor, Mr. Linehan understands the perspective of the government’s attorneys litigating these types of cases. A capable defense attorney’s first priority is a comprehensive assessment of the strength of the government’s evidence against their client. Hiring an advocate with the time and commitment to prepare your defense offers an advantage to overworked public defenders. Early demands for discovery material and mitigating evidence result in the best negotiations. A thorough early investigation can lead to better results in the court’s setting of bail, allowances in the issuance of protective orders, and initial offers from the DA’s office.

Navigating the criminal justice system in New York can be overwhelming. Here’s a step-by-step guide to help you understand the process:

Arrest: A criminal case begins with an arrest, either with or without a warrant, based on probable cause. The police will transport you to their precinct, fill out paperwork, fingerprint you, and unfortunately all of this causes some delay before you can see your lawyer or the judge. Criminal Procedure Law (CPL) § 140.10 outlines the authority of police officers to make arrests.

Arraignment: A defendant is transported to the court house, while the court staff and the district attorney’s office process and file more paperwork! This can be a lengthy delay depending on the time you were arrested. Eventually, you will see a lawyer – usually a public defender if you don’t have one before you were arrested – and appear in court, where charges are formally read, and a plea of guilty or not guilty is entered. Generally, this happens between 24-48 hours of an arrest. CPL § 170.10 governs arraignments in local criminal courts. Bail can be set in many felony cases. Read more about when judges can set cash bail and other potential arrangements your attorney might argue for you at your arraignment.

Grand Jury (for Felonies): In felony cases, a grand jury determines whether there is enough evidence to proceed to trial. If you are in custody, the DA generally has to present evidence to a Grand Jury within six (6) days of your arrest. If they fail to do so, your attorney can argue for your immediate release, pursuant to C.P.L. §180.80.

Pre-Trial Motions: The Assistant District Attorney and Defense Lawyer are given time to file pre-trial motions, and exchange evidence (discovery). This is also the best period for your lawyer to negotiate a potential resolution to the case, which could involve a plea of guilty, or perhaps some satisfaction of conditions which will convince the prosecutor or judge to reduce or dismiss the charges already filed.

Trial: The prosecution must prove the defendant’s guilt beyond a reasonable doubt. Trials may be decided by a judge or jury.

Sentencing: If convicted, the court imposes a sentence, which may include fines, probation, or imprisonment. Take a look at the sentences for each type of offense here.

Most people charged with crimes are not in any position to expect an arrest. Being handcuffed, questioned, photographed, booked at a police precinct, taken to a courthouse, and detained for arraignment can be a stressful and traumatic experience. But time is of the essence. The sooner that you find the best attorney for your case, the better your bargaining power will be with the Assistant District Attorney handling the prosecution.

Sometimes criminal defendants face arrest after a lengthy government investigation. While some lucky individuals may be advised of a pending arrest, the defendant is usually the last to know. State and federal law enforcement build investigations for months – sometimes years – using tools like grand jury subpoenas. It’s easy for them to obtain your bank statements, transaction records, or phone call and texting history. They might contact your associates, friends, and sometimes even you while undercover. The police routinely obtain court orders to track cellphones and cars used by the people they investigate. However, getting out ahead of an upcoming criminal charge has many advantages, chief among them your preparation for a good defense.

The good news is that close to 85 percent of New York’s criminal cases will not subject a defendant to pre-trial bail or detention under recent reforms. That said, most defendants who are arrested will spend up to a day in Central Booking, even if they surrender with an attorney, before a judge reviews their case in court at an arraignment. If the charges brought against you resulted from an investigation, you may be arrested pursuant to a warrant, and an attorney can assist you in making this process as smooth as possible. This is usually the first opportunity for your attorney to speak with the prosecutor and the judge about you and the charges you’re facing. This is one of the most important steps in a criminal court case, and the next may not come for months. Your representation at this stage is critical, as it can affect the direction of your case significantly.

Depending on the charges and the court in which you are charged, you have the right to a speedy prosecution and to discover what evidence was gathered. In state courts, prosecutors will be required to provide discovery to your attorney within months. Federal prosecutions are more complex, and discovery may not be complete for much longer. This is also the best time for your attorney to make strong demands and arguments on your behalf to negotiate a favorable resolution for you. The more time passes, the less flexible your options become.  If you were assigned an attorney initially, it’s important that you consider hiring private representation now rather than later.

Many of the firm’s clients, even when staring down serious felony or misdemeanor crimes, were able to obtain reduced charges, conditional pleas to be vacated on successful completion of programming, or even outright dismissal following a period of good behavior.

The Linehan Law Firm is ready to protect your rights today.