FAQ Answers About New York & New Jersey.
Criminal, DWI and Traffic Cases

If you are arrested in New York, remain calm and avoid discussing the allegations with police, investigators, witnesses, or other people before speaking with an attorney. You generally have the right to remain silent and the right to consult with an attorney.

Do not assume that explaining your side of the story will make the situation go away. Statements made during an investigation can potentially become evidence in a criminal case.

A New York criminal defense attorney can review the circumstances of the arrest, the charges, police conduct, available evidence, and possible defenses while helping you understand what happens next in the criminal process.

You should be extremely cautious about speaking with police when you are suspected of a crime. You have the right to remain silent, and you may request an attorney.

Even when you believe you can clear up a misunderstanding, statements can be misunderstood, challenged, or used as evidence later. Police may also already possess evidence or information that they have not disclosed to you.

If law enforcement wants to question you about a criminal investigation, consider speaking with a criminal defense attorney before answering questions or providing a statement.

A Desk Appearance Ticket, commonly called a DAT, directs a person accused of an offense to appear in criminal court on a specified date.

Receiving a DAT does not mean that the case is insignificant or that the charges will automatically be dismissed. The scheduled court appearance generally begins an important stage of the criminal case, and the defendant may face criminal penalties and other consequences depending on the charge.

Before the DAT court date, a criminal defense lawyer can review the allegations, explain the charges and potential consequences, and begin evaluating the evidence and possible defense strategy.

An arraignment is generally the defendant’s first formal court appearance after criminal charges are filed. The defendant is informed of the accusations and enters a plea, usually not guilty at this stage.

The court may also address release conditions, bail when legally applicable, orders of protection, and other issues affecting the defendant while the case is pending.

What happens at arraignment can affect the next stages of a criminal case. Having an attorney involved early allows the defense to begin evaluating the charges, protecting the defendant’s rights, and preparing for discovery, motions, negotiations, hearings, or trial.

Yes. Criminal charges can be dismissed in some New York cases, but dismissal is never automatic and depends on the facts, evidence, procedural history, and applicable law.

Potential issues can include insufficient evidence, unlawful searches or seizures, constitutional violations, problems with witness testimony, discovery violations, speedy-trial issues, or other defects in the prosecution’s case.

A criminal defense attorney can review the prosecution’s evidence and procedures to determine whether there are legal or factual grounds to challenge the charges. Depending on the circumstances, a case may result in dismissal, reduction of charges, another negotiated resolution, or trial.

In New York, misdemeanors and felonies are both crimes, but felonies are the more serious category and carry the possibility of more severe penalties.

Misdemeanors are generally classified as Class A or Class B misdemeanors, while felonies are divided into several classifications ranging from Class E through Class A felonies. The potential consequences depend on the specific charge, the facts of the case, the defendant’s criminal history, and other factors.

A criminal conviction can affect more than the immediate court sentence. Depending on the offense and individual circumstances, there may also be consequences involving employment, professional licenses, immigration status, firearm rights, and other areas of a person’s life.

If you are charged with either a misdemeanor or felony, a New York criminal defense lawyer can evaluate the charge, evidence, potential penalties, and available defenses.

Discovery is the process through which the prosecution provides the defense with evidence and information relating to the criminal case. Depending on the circumstances, discovery may include police reports, body-camera footage, photographs, recordings, witness information, laboratory records, electronic evidence, and other materials.

New York’s discovery laws impose obligations on prosecutors concerning the disclosure of discoverable material. The defense can examine those disclosures to understand the prosecution’s case and identify missing evidence, inconsistencies, constitutional issues, or other matters that may affect the prosecution’s ability to proceed.

Discovery can become an important part of defense strategy. Problems involving disclosure or prosecutorial readiness may, depending on the circumstances and applicable law, provide grounds for litigation or other relief.

Yes. Depending on the circumstances, a defense attorney may seek to prevent certain evidence from being used against a defendant.

Suppression issues can arise from allegedly unlawful searches or seizures, improperly obtained statements, identification procedures, vehicle stops, searches of homes or electronic devices, and other constitutional or evidentiary issues.

Whether evidence can actually be suppressed depends on the facts and applicable law. A defense attorney may review police reports, recordings, body-camera footage, search warrants, witness testimony, and other evidence to determine whether a legal basis exists to challenge how evidence was obtained.

Successful suppression of important evidence can significantly affect the prosecution’s case and, in some circumstances, may contribute to a reduction or dismissal of charges.

A first arrest or criminal charge should not be treated as unimportant simply because you have no prior criminal record.

Even a first-time defendant can face significant consequences depending on the offense. A case may involve potential jail or probation, fines, orders of protection, employment concerns, professional licensing issues, immigration consequences, and a criminal record.

Having no prior record may be relevant to how a case is evaluated or ultimately resolved, but it does not automatically cause the charges to disappear.

A criminal defense attorney can examine the prosecution’s evidence, identify potential defenses, explain available options, and work toward the most favorable resolution permitted by the facts and law.

Possibly. Not every New York criminal case must proceed to trial, and there are circumstances in which charges may be dismissed before a trial occurs.

The potential basis for dismissal depends on the individual case. Issues may involve the sufficiency of the accusatory instrument, evidence, discovery compliance, speedy-trial requirements, constitutional violations, suppression of important evidence, or other legal and procedural matters.

A defense attorney can investigate the circumstances of the arrest, examine the prosecution’s disclosures, identify weaknesses in the case, and determine whether motions or other challenges are appropriate.

No attorney can guarantee that charges will be dismissed, but carefully examining potential grounds for dismissal should be an important part of defending a criminal case.

If you receive a Desk Appearance Ticket (DAT) in New York City, the ticket directs you to appear in Criminal Court on a specified date. You should not ignore the appearance simply because you were released rather than held in custody.

A DAT can involve a criminal charge and should be taken seriously. At the scheduled court appearance, the case generally proceeds through arraignment and the criminal court process.

Before appearing, it can be beneficial to speak with a New York City criminal defense attorney who can review the allegations, explain what to expect in court, and begin evaluating possible defenses.

Receiving a DAT is not a conviction. The prosecution still has the burden of pursuing the case, and the defense may challenge the allegations and evidence.

If you learn that there may be a warrant for your arrest in New York, do not ignore the situation. Warrants can arise in different circumstances, including an active criminal case or a failure to appear in court.

The appropriate response depends on the type of warrant and the circumstances surrounding it. Rather than attempting to resolve the situation without understanding the potential consequences, consider contacting a criminal defense attorney promptly.

An attorney can investigate the status of the case, determine what court is involved, explain your options, and advise you about how to address the warrant.

Taking action voluntarily with legal guidance may provide more opportunity to prepare for what happens next than simply waiting for an unexpected encounter with law enforcement.

Missing a scheduled criminal court appearance can create additional problems and should be addressed promptly.

Depending on the circumstances, the court may issue a bench warrant or take other action when a defendant fails to appear. The consequences can depend on the type of case, the reason for the missed appearance, and what occurred in court.

If you realize that you missed a court date, do not simply wait until you receive another notice. Contact your attorney or a criminal defense lawyer as soon as possible to determine the status of the case and the appropriate steps to address the missed appearance.

Acting quickly may help prevent the situation from becoming more complicated.

Can I get a reduced sentence for a DWI in New York State?

A DWI conviction will stay on your record in New York State for ten years.

Yes, you can still get a DWI in New York State if you are operating a motor vehicle while intoxicated, even if you are not actually driving.

It is highly recommended to have a lawyer represent you for a DWI charge in New York State, as they can help you understand the legal process, advise you on potential defenses, and potentially reduce penalties or dismiss charges.