What Is Your Background In Practicing Criminal Law?

I first started representing clients in the area of criminal defense through what’s called the 18B program, which is essentially a public defender program in Westchester County, New York. Since I began practicing about 20 years ago, I have represented criminal defense clients throughout New York City, Long Island and Westchester.

What Are The Common Criminal Defense Cases That Your Firm Handles?

I’ve handled a lot of petty larceny, DUI and assault cases. I’ve also handled some unique felonies, including computer-related crimes, sexual crimes, domestic violence cases, firearm cases and drug cases.

What Are The Top Misconceptions People Have About Being Arrested For A Crime?

The biggest misconceptions arise from people’s ability to understand the process, what is going to happen next, what could happen at the end of a case and what their rights are in terms of speaking to the police.

How Do People Unintentionally Hurt Their Pending Criminal Case?

One of the most common ways that people incriminate themselves is by speaking to the police before they’ve been advised by an attorney. The second way that people incriminate themselves is through the use of social media websites and emails, which weren’t really prevalent when I began practicing 20 years ago. Nowadays, it seems that people’s emails, texts and online posts play an important role in a lot of cases.

How And When Do Miranda Rights Come Into Play In a Criminal Case?

If a person is being investigated for a crime, the police should read them the Miranda rights. If they don’t read the Miranda rights, it doesn’t mean that the person can’t speak to the police; it just means that any incriminating statements that the police obtain from the defendant cannot be used at trial or during the pendency of the case.

How Does Having A Clean Prior Record Impact a Criminal Case?

Having a clean prior record impacts a criminal case in two ways. The first way is in regards to the bail application, which determines a reasonable bail in order to ensure that the defendant will come back to court after being released from jail. Obviously, you want to try to make a good bail application so that the bail is either ROR (released on their own recognizance), which is like zero bail, or else some low amount of cash to be paid before the person is released from jail.

The other way in which it can impact a criminal case is in regards to sentencing. If there is a guilty verdict or guilty plea, then you have to go to the sentencing stage of the case and tell the judge why they should deviate from the standard guidelines and issue a lesser sentence or lesser fine. Having a clean prior record may increase a person’s chances of receiving a favorable sentence from the judge.

What Are The Differences Between Misdemeanor And Felony Charges?

A misdemeanor is a lower level crime than a felony. When someone is charged with a felony, they should try to get it reduced to a misdemeanor. This is because there are a lot of ramifications when someone pleads guilty or is found guilty of a felony. If someone is charged with a misdemeanor, then they should try to get the case dismissed or the charge reduced to a violation. This is because a misdemeanor also has some ramifications that a person would probably rather not experience. In addition, a violation is not even considered a crime.

How Does The Bail System Work In New York?

After there is an arrest, the client is brought in front of the judge who will decide how much bail to set. Sometimes this is the point at which I first make contact with the defendant, but other times a friend or a family member of the defendant will have retained me while the defendant was in jail. When a defendant first gets into court, the charges will be explained and read to them, a plea of not guilty will typically be entered, and then a bail application will be made in front of the judge.

The judge will decide how much bail to set and how much money it will take to have that person released from jail. Once that bail is set, a friend or family member can go to the jail and post the bail. It’s usually paid in cash, and it can be paid by a bail bondsman. If the defendant makes all of the necessary court appearances, then the bail will be returned to the person who posted it at the end of the case.

For more information on Practicing Criminal Law In New York, an initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 230-0040 today.

Glen A. Kurtis, P.C.

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(914) 230-0040