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Criminal Law Information for New York Residents

At The Law Offices of David R. Sachs, our firm provides clients with aggressive and comprehensive criminal defense representation that is tailored to suit their individual cases and needs. We pride ourselves on being accessible to clients and taking the time to educate them on their rights and options. It is important to us that you are comfortable discussing your concerns and case openly with us, which is why we strive to create an environment in which honest communication can take place.

For additional information regarding general criminal law matters, please review the information below or contact our office. A free initial consultation is available along with flexible appointment times.

Frequently Asked Questions about Criminal Defense

Q: Is unsuccessfully attempting to commit a crime an offense?

A: It may be. It depends on the circumstances and on the law of the jurisdiction. A person who intends to commit a particular crime and takes a substantial step toward perpetrating it, but fails to actually complete it may be guilty of the separate crime of attempt. Generally an act that is extremely remote from the completed crime, such as early preparation, will not be significant enough to constitute criminal attempt.

Q: What is the role of the grand jury?

A: The US Constitution requires that the federal government convene a grand jury to decide whether accusing a person of a major crime is appropriate. In a practice originating in England, the grand jury reviews the evidence and may hear testimony in deciding whether to indict someone, but the grand jury makes no decision about guilt or innocence. Another traditional purpose of the grand jury is to serve as a buffer between an overzealous prosecutor and the accused. All states also use the grand jury system to some extent.

Criminal Defense - An Overview

Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Criminal Liability

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

In other words, it is not a crime to only think about committing a crime nor is it generally a crime to cause a criminal deed without the intention to do so.

Due Process

As the concept of criminal liability suggests, our criminal-justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players - police, defense lawyers, prosecutors, judges and juries.

The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them. Broadly this means that throughout the criminal process the rules of criminal procedure must be observed with all constitutional protections in place. Due process requires such things as reasonable notice of proceedings and fair hearings when facing substantial negative consequences, such as incarceration.

Plea Bargaining

Sometimes a criminal defendant and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of multiple charges or recommend a more lenient sentence in exchange for the defendant's guilty plea, often to a lesser offense or to fewer than all offenses charged. A seasoned criminal-defense attorney can be a real advantage to a criminal defendant throughout the plea-bargaining process.

Sentencing

Many negative outcomes flow from a criminal conviction. First, the court will impose a sentence, which commonly may include incarceration, fines, court costs, restitution, probation or, in some jurisdictions, death. Second, a criminal conviction may result in more indirect effects like stigma or estrangement from family, friends or professional colleagues. A person with a criminal record may have trouble with employment, insurance, credit or housing. He or she may lose or become ineligible for professional licenses, welfare benefits or firearms. Because of the potentially devastating consequences of a conviction, it is in the best interest of a defendant to have a strong, experienced attorney at his or her side to fight to preserve legal and constitutional rights every step of the way.

Conclusion

To better protect yourself throughout your involvement with the criminal-justice system, consult with an informed, knowledgeable criminal-defense attorney. Your lawyer can work hard on your behalf to see that protections afforded criminal defendants are preserved for you.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.