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, even those who are highly proficient. 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.

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.