What should I look for in choosing a criminal defense attorney?

January 31, 2012

The primary thing you should look for in choosing a criminal defense attorney is expertise in the area of criminal law. You can determine how competent a criminal attorney is by finding out how many years of experience he or she has in criminal law, by asking other attorneys, and by asking the attorney if [...]

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When can an arrest occur?

January 19, 2012

The criminal justice process officially starts when a police officer places a person under arrest, which means they are taken into police custody. There are usually three instances in which a police officer can make an arrest. First, if a police officer observes a crime, the individual can be arrested. For example, an officer may [...]

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If I have a disagreement with my criminal defense attorney, can I fire him or her?

January 13, 2012

It depends on what type of attorney you have. If you have a court-appointed attorney or a public defender, it’s not likely a judge will let you switch attorneys. Typically there are disagreements between public defenders and clients over strategies and how best to handle the case, and those disagreements usually do not result in [...]

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What’s the difference between parole and probation?

December 29, 2011

Parole is a way of finishing a term of incarceration. Probation is a criminal sentence that must be completed under a set of rules. A person who is given a sentence of probation is also given a prison or jail sentence that will be suspended as long as the individual follow the rules of the [...]

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Law enforcement officials have asked me to allow them to search my home/car. What should I do?

December 21, 2011

The Fourth Amendment to the United States Constitution does not allow illegal searches and seizures of your private property. You are, however, allowed to give up that right. You can give up that right by giving permission to law enforcement officials to search your private property. If the police have sufficient evidence against you, they [...]

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Should I just plead guilty to the crime and get the process over with?

December 9, 2011

Many individuals faced with criminal charges may be guilty or may believe that the evidence against them is so strong they shouldn’t bother hiring an attorney. They may feel that pleading guilty and facing the punishment will be the quickest way to put the process behind them. However, an individual accused of a crime should [...]

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How can I bond someone out of jail?

December 1, 2011

Most individuals charged with a crime in New York are allowed to have a bond set in their case. The amount of the bond depends on the severity of the crime with which the accused has been charged. Usually the more serious the criminal charges, the higher the amount of the bond. In order to [...]

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Basics on the New York Sex Offender Registry

November 21, 2011

The New York State Sex Offender Registration Act took effect in 1996. Beginning at that time, anyone who was on parole or probation or incarcerated for a sex offense was required to register as a sex offender. A list of New York sex offenders is available to the public. The length of time an individual [...]

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What is a grand jury?

November 11, 2011

Unless waived by the accused, every federal felony case must be indicted by a grand jury. In addition, the state of New York uses grand juries. Grand juries are not used for misdemeanors. Grand jury proceedings are conducted in secret. During the proceedings, a prosecutor presents the evidence against the accused. If the grand jury [...]

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What Rights Do You Have When You’re Arrested?

October 28, 2011

If you are arrested, you have a variety of legal rights. First, if a police officer wants to ask you any questions (other than your name and address) following your arrest, the officer must tell you of your Miranda rights. Miranda rights are constitutional rights that include the right to remain silent, the right to [...]

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