Best Criminal Defense Attorneys in New Rochelle

FAQs

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

  To reach out to the New Rochelle Police Department, call 914-654-2300.

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

  To request a copy of a police report, call the Records Unit of the New Rochelle Police Department at 914-654-2235.

• Is owning an unlicensed firearm in New Rochelle a felony?

  Simply owning an unlicensed firearm in New Rochelle is not automatically considered a felony. If the firearm is loaded but does not leave the confines of your home or place of business, then you can be charged only with a misdemeanor. However, if the firearm is taken out of the house or place of business, then the offense is upgraded to a felony and carries a prison sentence of three and a half years.

• Is it necessary to have a criminal defense attorney if you're issued a speeding ticket in New Rochelle?

  You don't necessarily have to hire a criminal defense attorney if you get a speeding ticket in New Rochelle. However, a criminal defense attorney can help protect your rights and keep points from stacking up on your license. They can also appear in court on your behalf and conduct negotiations that could lower the fines or penalties imposed on you.

• Are plea bargains always a good thing to accept in New Rochelle?

  Not always. It is good to remember that you have to consider the pros and cons when you make this decision, such as whether it would be better to just go through the trial instead of pleading guilty to a lesser charge. At this point, the help of your criminal defense attorney in New Rochell becomes invaluable. Ask them what they think is going to be the outcome of the case.

• How long do criminal trials last in New Rochelle?

  The New York Criminal Procedure Law establishes the time limit for prosecutors to complete a case. The time limits are in line with the Constitution, which guarantees the right of the accused to a speedy trial. For example, in New Rochelle, a defendant charged with one or more offenses, one of which is a Class B misdemeanor punishable by more than three months in prison, the trial should last no more than 90 days. If the defense requires more time to prepare, the right to a speedy trial may be waived.

• Can you have your criminal records expunged in New Rochelle?

  Unfortunately, expungement is not possible in New York. A person with a criminal conviction in New Rochelle can instead have their records sealed and their fingerprints and photographs destroyed. Unless the crime committed was extremely serious, the records will not be accessible to future or potential employers, creditors, or credit reporting agencies.

• 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.