In most cases of arrest in New York City, the arrested is taken into or detained at the local precinct where the crime allegedly occurred. This is where the police will begin booking the process where most means of identification are taken. This includes fingerprints, photo/s or the mugshot, pedigree information like name, date of birth, currents residency, height, tattoos, birthmarks etc.
The police may also ask for a statement from the arrested person. But it is important to remember that one must not make any statements to the police without the presence of a defense attorney. Moments like these are often not expected. This is why you should always be prepared and have an attorney you could trust.
Goldstein & Handwerker, LLP provides a well-experienced criminal defense attorney in New York that deals with criminal defense whom you can always count on. As soon as someone is placed under arrest, it is important that the arrested gets in touch with an attorney as quickly as possible. This is because an attorney is much better equipped to answer any questions posed by the police.
After the paperwork and line-up of procedures are done, the arrestee is taken to central booking and followed by arraignment. Arraignment is the first opportunity that the arrested is allowed to see a judge and hopefully get released without the bail being set. In cases where bail is already set, the attorney may argue for reasonable bail.
The Grand Jury
After the arraignment, the person will go back to court. If it is a felony, the person is subjected to the grand jury. A grand jury is a group of people who are citizens of that particular county that will hear the evidence against the arrested, and now the accused. They will also hear the police against you. But you have the right to testify on your behalf, and the grand jury will hear your defense. The grand jury is also where everyone in the state of New York has the right to testify. If the grand jury believes you, they have the power to dismiss the case outright, the case is over, and your name is cleared. But during instances that you are indicted, then the criminal case proceeds to the discovery stage.
The discovery stage is the period in a criminal case where all evidence is collected and reviewed. This is also the time that the accused can find out what are the charges against them, witness statements before the trial, testimony of witnesses during the trial among others.
The Plea Bargain
If the accused is found guilty, they are then given a sentence. The plea bargain process is when the accused can request the lawyer to lower the sentence given upon them. For example, in a murder case, a convicted person may have as much as 25 year's life sentence. So, the attorney may propose the court a specific amount of years sentenced to life, say, 15 years. Although this may be lowered to as low as five years life in jail for murder cases, depending on the court's decision. This is something that an experienced criminal attorney knows how to do.
At 25 years of experience, Goldstein & Handwerker, LLP provides New York City one of the most trusted criminal defense case attorneys. If plea bargaining fails, there is a trial process that the court must prove that you are guilty beyond reasonable doubt. And it is the job of your criminal defense case attorney to fight for you and prove to the jury that you are not guilty. This is why finding the best criminal defense attorney in New York is necessary.