Frequently Asked Questions

WHAT ARE YOUR RIGHTS ONCE YOU ENTER THE CRIMINAL JUSTICE SYSTEM?

1. Arrest: According to New York state law, the police can only arrest a person if they have “probable cause” or “reasonable suspicion” that a person has committed a particular crime.

Remember that a police officer cannot enter your home to arrest you unless he has obtained consent to enter your home, is in “hot pursuit” in the course of a chase or has an arrest warrant authorized from a Judge.

After an arrest, a person has the absolute right to remain silent and refuse to make any statements. It is a common, yet erroneous belief, that it would be beneficial to “explain” your defense to the police. This is problematic since it unnecessarily gives the police and prosecutor a preview of your defense and a source of information, which can be used against you in court.

2. Arraignment: This refers to your first court appearance after the arrest. You are advised of the charges that the District Attorney has filed against you and the Judge decides whether bail will be set or whether you will be released on your own recognizance.

3. Bail: In deciding the issue of bail, a Court will take into consideration whether the person is a “flight risk” The stronger connection you have to the New York community, such as family residing in New York, a job in New York, etc...the greater likelihood that lower bail will be set or that you will be released without any bail. If bail is set,  a Judge can set bail to be paid in cash or by a  bond, through a bail bondsman. Although a Court is permitted to take into consideration the nature of the crime that is charged , bail is not supposed to be used as a form of punishment since a person, by law,  is always presumed to be innocent until proven guilty.

4. Discovery: You have the absolute right to discovery about your case. Discovery includes 911 tapes, photographs, statements of witnesses , statements of the all persons arrested,  police reports and relevant background information about witnesses. Your attorney should obtain anything that points to your guilt or innocence.

5. Motions:  Experienced and knowledgeable criminal defense attorneys will make the following motions on your behalf, when appropriate: motions to dismiss or reduce the charges, motions to dismiss the grand jury indictment, motions to suppress evidence of statements, property or identification, motions to exclude evidence, motions to exclude evidence of prior convictions or prior bad acts of the accused, motions to compel discovery, etc.

6. Pre-trial Court Appearances: Pre-trial court appearances will be concerned with the issues of discovery, motions and pre-trial hearings to suppress evidence. Pre-trial court appearances will also typically involve settlement negotiations with the defense attorney and the assistant district attorney assigned to your case.

7.  Trial:

Speedly trial time limitations:

• Felony cases: A person has the right to a trial by jury within 6 months of the initial court arraignment.
  
  
• Misdemeanor cases: For class “A” misdemeanor crimes, a person has the right to a trial by jury within 90 days of the initial court appearance. For class “B” misdemeanor crimes, a person has the right to a trial within 60 days of the initial court appearance.
  
  
• Violation cases: For violations, a person has the right to a trial within 30 days of the initial court appearance.

The most important ingredients in securing a successful outcome at trial are : (a) diligent preparation and (b) effective courtroom skills by the attorney.

Jeffrey Rosenblueth, Esq., a former prosecutor and winning defense attorney, has over 20 years of trial experience on both sides of the criminal justice system.

It is important to note that effective trial skills are not only the result of experience- but are also attributable to an attorneys’ individual personality and style. Jeffrey Rosenblueth, Esq. not only has the experience, but also has the necessary passion, charisma and integrity that can make the winning difference in a court of law.

  
AGGRESSIVE CRIMINAL DEFENSE
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Contact the Law Offices of Jeffrey Rosenblueth, Esq.