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Questions & Answers
Q. I have just learned that the police and/or federal agents have come looking for me? Should I call them and arrange to meet with them?
A. In almost all such cases, you should not speak with the police or agents and should have an experienced criminal defense attorney make contact with these officials to find out what is going on. In many instances, doing so can prevent your arrest and almost always will prevent law enforcement from gaining damaging information directly from you. In the event that the police or agents are intent on arresting you, your attorney may arrange for you to surrender to them on a given date, time and location that will best avoid unnecessary embarrassment or show of force. In addition, arranging a surrender in this manner will have a positive impact on a court’s decision in setting bail.
Q. I have just been arrested? What should I do?
A. After contacting family members and/or close friends, you should call an experienced criminal defense lawyer who can quickly find out as much information as is possible concerning the reason for your arrest, and arrange to have you released as soon as possible.
Q. Will I have to post bail in order to be released from custody?
A. The answer to this question depends on a number of factors, not the least of which is the effectiveness of your attorney in communicating to the court the reasons why you should be released without having to post any bail or with a low bail. These factors include the seriousness of the charges against you, the strength or weakness of the evidence against you, any prior criminal record you may have, your roots to the community (employment, social and family), U.S. citizenship status, your educational history, and other relevant matters.
Q. If bail is set, how can I get released?
A. You will be released as soon as the bail ordered has been paid and the facility at which you are held confirms that the bail has been posted. An experienced defense attorney will help you to put together the necessary assets to post bail, or if this cannot take place, to work with an honest and reasonable bail bondsman to post a bond.
Q. What if the bail set by the judge at my arraignment is too high for me to make?
A. One of the most important things an experienced criminal defense attorney can do for you is to attempt to convince another judge that the initial decision on bail was unfair or unjust and that a lower bail figure, in an amount that you and your family can afford to post, perhaps combined with other assurances that you will not flee (surrender of passport, waiver of extradition, agreement to electronic monitoring) should suffice to secure your return to court when required. Fred Sosinsky will work closely with you and your family to put together the best bail package possible so as to hasten your release from custody.
Q. What happens after my initial appearance before the court?
A. After your initial arraignment, the case will be adjourned to another date and to another courtroom and judge for one of a number of purposes. If you are charged with a misdemeanor, your case may be adjourned for the purpose of requiring the prosecutor to obtain and provide certain documents necessary for the continued prosecution of the case. It may be adjourned so that your attorney may meet with and discuss with the prosecutor the potential dismissal or reduction of the charges; or the case may be adjourned so that your lawyer may make certain motions or applications to the court for the charges to be dismissed, for certain evidence to be deemed inadmissible in court, or to compel the prosecutor to disclose to the defense certain information or evidence. If you are charged with a felony, the case will be adjourned to monitor whether a grand jury has voted to indict you on the charges.
Q. What will my lawyer do after the initial arraignment in court?
A. From the moment you hire your attorney, he or she will begin to gather information both about you generally and about your case from you and all other sources, including the prosecutor, any witnesses, family members, colleagues and friends. He will seek to obtain any relevant police reports and records, 911 recordings, hospital and medical records and all other material concerning the case. He will research thoroughly any unusual legal issues presented and prepare requests for information and documents from the prosecutor. He will work with a private investigator to pursue leads that will assist in your defense and to preserve and document any favorable evidence. He will retain the services of recognized forensic and medical experts to assist in your defense. He will prepare and file motions on your behalf seeking to dismiss the case against you, to reduce the charges at hand, to exclude or suppress certain evidence against you or to obtain court–ordered discovery of information and documents sought but not turned over by the prosecutor. And he will on a regular basis speak with the prosecutor and attempt to obtain for you the best possible result.
Q. If I am charged with a felony, should I appear before the Grand Jury hearing the evidence against me?
A. Every person with pending felony charges against them in New York has a right to appear before the Grand Jury and, after waiving their right against incriminating themselves, to testify on their own behalf in an effort to persuade the Grand Jury not to vote an indictment against them. In addition, every such person has the right to make the Grand Jury aware of other witnesses and evidence which they believe would exonerate themselves and to request that the Grand Jury hear such testimony and see such evidence at this stage. However, merely because it is the right of a person accused of a crime to appear before the Grand Jury and to testify in their own behalf does not mean that doing so is a wise decision. As noted, when you testify before the Grand Jury, whatever you say may be used as evidence against you in the event you are indicted. This means that if you proceed to trial, the prosecutor may introduce on their own case some or all of the statements made by you before the Grand Jury. Moreover, if you appear before the Grand Jury and are indicted, you have provided the prosecutor with a detailed preview of what your defense would be at trial and how you would appear as a witness at trial. Finally, if you testify unsuccessfully at the Grand Jury, you may be charged with perjury for offering false testimony before that body. In sum, the decision regarding whether you should or should not testify before the Grand Jury is a most important one. Only an experienced criminal practioner can properly guide you through this time.
Q. Will I get the money I posted for bail back at the end of my case?
A. Yes, provided that you appear as required in court and do not otherwise do something that ends up forfeiting your bail, at the conclusion of the case, and regardless of the outcome, you will receive back the money you have posted as bail. However, where you have been convicted of a crime, by way of plea or by verdict, the City will retain three (3) percent of the bail posted. If the charges have been dismissed, or you have been found not guilty after trial, you will receive payment in full of all funds posted for bail.
Q. Is this different in federal court?
A. In federal cases, you will receive back all of the funds posted for bail, regardless of the outcome.
Q. Can I travel out of the state or country while my case is pending?
A. In state court, in almost all cases, there are no travel restrictions placed on you and you may travel freely while out on bail. In federal court, in most cases, while out on bail, unless your release bond specifically permits it, you are not permitted to travel outside the district of prosecution and neighboring districts without obtaining special permission from the Court. Your attorney can apply for this medication of your bond which is usually granted.
Q. If I am charged with a misdemeanor, what possible sentence can I receive if I am convicted of the charge?
A. In terms of jail, the maximum sentence that one can receive on any misdemeanor charge is one year in jail. This one year “max” applies to any Class A misdemeanor under New York State law. For a class B misdemeanor, the maximum sentence is six months in jail. For violations of the law that are not crimes, the maximum sentence is up to fifteen days in jail. In misdemeanor cases, the court may also sentence a defendant to up to three years of probation in the case of a Class A misdemeanor or one year for a Class B misdemeanor. IT may also sentence a defendant to what is called a conditional discharge which is a non-probationary sentence in which you may or may not have to do certain things to comply with the sentence, such as community service or payment of a fine. You may also be sentenced to an unconditional discharge which, as it seems, has no conditions attached to it. You may be sentenced to pay a fine alone. Or you may be sentenced to a combination of these penalties. The sentence that a defendant receives depends on a number of factors, including the nature and seriousness of the crime, the harm or damage caused to the victim if any, the background of the defendant, any prior criminal history, the degree of perceived remorse on the part of the defendant and the need to impose a particular sentence to achieve the ends of justice. The sentence you receive will depend on the job your lawyer does for you in presenting to the Court a fair and full picture of you as a person and the circumstances of the crime.
Q. What about the sentences for felony charges in New York State Court?
A. The sentences authorized for a New York State felony conviction depend on the class of the felony for which a person is convicted, their prior criminal record and all of the other considerations discussed above. In New York, felonies are classified by degree of seriousness from A-1, the most serious, to Class E, the least severe of felonies. Obviously, however, both in terms of the potential sentence that may be imposed and the stigma of having such a conviction on one’s record, all felonies, even the lowest level ones, are serious matters. Suffice it to say, however, that Fred Sosinsky will do everything he can possibly do to ensure that the sentence received by his clients, if they are convicted of a felony, is the very best one that may be obtained by anyone.
Q. Is sentencing for on felony charges different in federal court then New York state court?
A. Most definitely. The biggest difference between the whole sentencing process in federal court and state court is that in federal court, the judge is not at all involved in the process until the actual sentencing. In contrast, in New York state courts, before a person accused of committing a crime decides to plead guilty, he or she will usually be told explicitly on the record what sentence he or she will receive from the Court. This “promise” of a particular sentence will either be kept, or, in the event that the judge cannot do so, the accused will be permitted to withdraw, or take back his or her guilty plea and proceed to trial. The judges in New York state courts, therefore, are actively involved in the process of offering a particular plea bargain to the accused and have a great incentive to be so involved – this allows for the reduction of cases on the courts trial calendar. In federal court, as noted above, the sentencing judge does not give any indication of what the likely sentence will be at the time a guilty plea is taken. Instead, the Court will advise the accused that the sentence can be anywhere within the range of sentences authorized by the statute that describes the possible punishment for the crime at issue and also within certain sentencing guidelines created to further limit the range of possible sentences. The federal judge will tell the defendant at the time a plea is taken that the sentence will be somewhere within the range of sentences called for by thee statute and guidelines, unless the Court is convinced that there is some special factor that has not been taken into consideration in the guidelines which warrants a sentence more harsh or less harsh then is otherwise called for. In this case, the Court will “depart” from the guidelines range called for and sentence the defendant to a greater or lessen sentence.
Q. How are these sentencing guidelines determined?
A. The guidelines used by federal courts in sentencing a person take into account a variety of factors including (a) the seriousness of the offense, i.e., in the case of narcotics crimes, the total amount of drugs involved, in financial crimes, the total amount of loss or potential loss to victims, the number of victims and the means used to commit the crime, in the case of violent crimes, the type and severity of injuries to victims and whether a weapon was used in connection with the offense, (b) the role played by a defendant in the overall crime, (c) whether the person has “accepted responsibility” for committing the crime, and (d) the defendant’s prior criminal record, if any. As discussed earlier, there are other factors that a court can consider in imposing sentence. If you wish to review the United States Sentencing Guidelines, you may simply click here. You can see, however, that the guidelines are very complex.
Q. I am not a U.S. citizen. What can happen if I am convicted of a crime in New York State or federal court?
A. For people who are not citizens, criminal charges pose an even more complicated hardship. If the charges are not dismissed, conviction of many crimes may mean that the Immigration and Naturalization Service will bring removal proceedings against the person in which a forced deportation to their country of citizenship may be a certainty. Therefore, it is critically important that non-citizens be represented by a criminal defense attorney who is acutely aware of the potential immigration consequences of a criminal conviction and does everything possible to ensure that such a conviction does not take place. At the law offices of Fred Sosinsky, we have worked for years in association with immigration law specialists who not only assist us in seeing our clients through the maze of regulations governing these issues, but who work directly with the client to prepare to fight any effort that may be made by INS at the conclusion of the criminal case.
Q. Do you only represent people in the New York City area?
A. No. We appear throughout New York State and in the federal courts in New York and Connecticut.
Q. I have already been convicted of a crime after a trial. What can you do for me?
A. Mr. Sosinsky has represented scores of people who, unfortunately, stood convicted of crimes after losing a trial before a jury. Depending on the circumstances, you may be entitled to a new trial if certain legal issues are properly identified and presented to the Court. You have the right to file a motion before you are sentenced in which you apply for a new trial based on certain errors that may have been made at the trial by the judge, or upon certain improper comments made by the prosecutor to the jury, or even in some instances, based upon errors or omissions on the part of your trial attorney. There may also be other grounds available for you to seek a new trial after you have been convicted, including juror misconduct, or newly discovered evidence. Even if you have already been sentenced, we have been successful in winning clients new trials before they file their appeal on the grounds mentioned above. Of course, we have years of experience in successfully representing persons convicted of crimes on appeal to state and federal courts.
Contact us about your legal matter today!
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