Criminal
Defense

Every criminal case is different, and not every case will go through every stage of the criminal process. Depending on the allegations and whether the case involves a violation, misdemeanor, or felony, a New York criminal case may involve an investigation, arrest or Desk Appearance Ticket, arraignment, discovery, motions, hearings, negotiations, trial, and sentencing.

Understanding these stages can help you know what to expect and why having a criminal defense attorney involved early in the process can be important.

1. Investigation, Arrest or Desk Appearance Ticket

A criminal matter may begin before an arrest occurs. Law enforcement may conduct an investigation, interview witnesses, collect physical or digital evidence, execute search warrants, or attempt to question a person suspected of committing a crime.

In other cases, a person may be arrested immediately following an alleged offense. Depending on the circumstances and charge, a person may also receive a Desk Appearance Ticket (DAT) directing them to appear in criminal court on a specific date rather than remaining in custody until arraignment.

If you learn that you are under investigation or have been contacted by law enforcement, speaking with a criminal defense attorney before making statements or decisions about the case may help protect your rights.

2. Arraignment

An arraignment is generally the defendant’s first formal appearance before a judge. The defendant is informed of the charges and advised of important rights, and a plea is entered.

The court may also address issues concerning the defendant’s release while the case is pending. Depending on the charge and circumstances, this can include release on recognizance, release subject to conditions, or bail where permitted by law.

The arraignment is an important stage because decisions made early in a criminal case can affect what happens next.

3. Felony Cases and the Grand Jury

Felony cases may involve additional proceedings. In New York, a grand jury may hear evidence presented by the prosecution and determine whether sufficient evidence exists to indict the defendant and allow felony charges to proceed.

Depending on the circumstances, a felony case may also involve a preliminary hearing. If an indictment is returned, the defendant is arraigned on the indictment and the case proceeds through the superior court process.

Grand jury proceedings involve important strategic decisions, including whether a defendant should testify. Those decisions should be carefully evaluated with an attorney based on the particular facts of the case.

4. Discovery and Evidence Review

During the pretrial phase, the defense receives and reviews discoverable material relating to the prosecution’s case. Depending on the case, this may include police reports, body-camera footage, surveillance video, photographs, witness information, statements, electronic evidence, laboratory reports, and other materials.

Discovery can be critical to building a defense. Gina reviews the evidence to understand how the prosecution intends to prove its case and to identify inconsistencies, evidentiary issues, weaknesses, and potential defenses.

5. Motions and Negotiations

Before trial, a criminal defense attorney may file motions asking the court to address legal issues in the case. Depending on the circumstances, motions may seek suppression of evidence, suppression of statements or identification evidence, dismissal or reduction of charges, or other appropriate relief.

At the same time, the defense and prosecution may discuss a possible negotiated resolution. Whether accepting a negotiated disposition is appropriate depends on the strength of the evidence, potential penalties, available defenses, collateral consequences, and the client’s individual goals.

6. Pretrial Hearings

When certain legal or factual issues must be resolved before trial, the court may conduct a hearing.

For example, a suppression hearing may determine whether physical evidence, statements made by the defendant, or identification evidence can be used at trial. These hearings can significantly affect the evidence available to the prosecution.

7. Trial or Other Resolution

Many criminal cases are resolved without a trial. Depending on the circumstances, charges may be dismissed or reduced, a negotiated disposition may be reached, or the case may proceed to trial.

If a case goes to trial, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. The defense may challenge the prosecution’s witnesses and evidence, present evidence where appropriate, and argue that the prosecution has failed to meet its burden.

8. Sentencing

If a defendant is convicted after trial or enters a guilty plea, the case proceeds to sentencing. The potential sentence depends on numerous factors, including the offense, classification of the charge, criminal history, circumstances of the case, and applicable New York law.

Depending on the case, sentencing may involve incarceration, probation, fines, conditional or unconditional discharge, or other consequences. A conviction can also carry consequences outside the courtroom, potentially affecting employment, professional licenses, immigration status, housing, and other areas of a person’s life.

Because every criminal case is different, the specific process and potential outcomes depend on the facts, charges, evidence, and procedural history involved.

Why Hire a New York Criminal Defense Lawyer?

Facing criminal charges can be overwhelming, particularly when your freedom, reputation, employment, and future may be at stake. A criminal defense attorney’s role extends far beyond simply appearing in court.

An effective defense begins with understanding exactly what happened, what the prosecution must prove, what evidence exists, and whether law enforcement followed the law when investigating and making an arrest.

Investigating the Allegations

A defense attorney can examine the circumstances surrounding the arrest, review available evidence, identify potential witnesses, and investigate facts that may contradict or weaken the prosecution’s version of events.

Reviewing the Evidence

Police reports do not necessarily tell the entire story. Video recordings, photographs, electronic communications, witness statements, forensic evidence, and other materials may provide important context or reveal inconsistencies.

Identifying Constitutional and Procedural Issues

Depending on the circumstances, a criminal case may involve questions concerning an unlawful search or seizure, statements made during police questioning, probable cause for an arrest, identification procedures, or other constitutional and procedural issues.

Filing Appropriate Motions

Pretrial motions may be used to challenge evidence, statements, identification procedures, the legal sufficiency of charges, or other issues that could affect how the case proceeds.

Negotiating With Prosecutors

Not every criminal case should go to trial, and not every plea offer should be accepted. A defense attorney can evaluate the prosecution’s evidence, potential defenses, possible penalties, and proposed resolutions so that the client can make an informed decision.

Preparing for Hearings and Trial

A strong defense requires preparation even when a case ultimately resolves without trial. Preparing witnesses, challenging evidence, researching legal issues, developing cross-examination strategies, and understanding the prosecution’s case can all influence the direction of a criminal matter.

Direct Access to Gina

At The Law Office of Gina M. Wicik, P.C., clients work directly with Gina. She takes the time to explain the charges, potential consequences, available options, and developments in the case so clients can make informed decisions about their defense.