Best Criminal Defense Lawyers in Yonkers, NY

FAQs

• What is the non-emergency contact number for the local police station in Yonkers, New York?

  The police station in Yonkers can be reached at 914-377-7900 for non-emergency inquiries.

• Where can I get a copy of police reports for incidents related to my case in Yonkers, New York?

  If you need a copy of a police report in Yonkers, you can obtain one at the Records Unit on the second floor of the Cacace Justice Center, which is situated at 104 South Broadway.

• What distinguishes a felony from a misdemeanor in Yonkers?

  In Yonkers, as in most places in the United States, the distinction between a felony and a misdemeanor depends on the severity of the crime committed. Generally, a felony is a more serious offense than a misdemeanor and is punishable by imprisonment for more than one year. In contrast, a misdemeanor is punishable by a fine of $1,000 and imprisonment for up to one year.

• What rights do criminal defense defendants in Yonkers have during legal proceedings?

  In Yonkers, criminal defense defendants are entitled to various legal protections safeguarded by the Constitution and other statutes. One of the critical rights accorded to them is the right to have legal representation throughout the entire criminal justice process. If they cannot hire an attorney due to financial constraints, the court must appoint one at no expense. Defendants also have the right to refrain from self-incrimination by choosing to remain silent.

• What is required for a reversal on appeal in Yonkers criminal cases?

  To successfully appeal a Yonkers criminal case, it is necessary to demonstrate a material error pointed out and objected to by the defense attorney during the trial. An appeal is a legal process by which a higher court reviews and evaluates the decision made by a lower court in a case. Failure to do so usually results in a waiver of the issue. However, constitutional errors that involve due process rights may not require preservation.

• Can you appeal a federal conviction in Yonkers?

  When you receive a federal conviction in Yonkers, you have the right to appeal it, except if you have given up that right in a plea agreement. It's important to note that the appeals process is complex and requires the assistance of a knowledgeable federal criminal defense attorney who can guide you through the process. If your argument is deemed valid by the court, your case may be remanded for re-sentencing, potentially reducing your sentence.

• What can be done if coerced into confessing in Yonkers?

  In case you were coerced into confessing to a crime in Yonkers, seeking the assistance of a seasoned criminal defense lawyer is highly recommended. An adept lawyer can assist you in comprehending your legal options and guide you through the entire process of challenging the validity of your confession. Taking action promptly is crucial, as persuading the court that your admission was involuntary after conviction may be more challenging.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.