Quality representation is essential to a defendant’s chances in a criminal case, but many wonder, “What does a New York criminal defense lawyer do?” A criminal defense lawyer can use their experience, knowledge, and skill to provide their clients with a chance against what can otherwise feel like a system pitted against them.
If you or someone close to you is being criminally charged, then you need to hire a New York criminal defense lawyer you can trust. Before you can know how to evaluate your options, though, you’ll want to understand what your lawyer is supposed to do for you. A good criminal defense attorney can do the following:
Talk With the Defendant
The first thing a defense attorney usually does is talk with the defendant about the situation. That way, the attorney can get an understanding of their experience concerning the crime in question. They will often be as transparent as they can with the client about the process and expectations. An attorney should provide you with guidance and support. That dynamic should also continue through the full legal process.
Investigate the Case
One of the more substantial parts of the defense attorney’s process is investigating the case. They will need to rely on experience and ingenuity to examine every possible source of information that may help them build a defense. Their job is to find every piece of evidence they can. A seasoned attorney can assess the offense or alleged offense, your arrest, all evidence, and the prosecution’s case.
Consider Evidence and Develop a Strategy
After gathering evidence, a criminal defense attorney can begin developing a defensive strategy. These are often multi-faceted approaches to defending their client.
A defense attorney needs to anticipate what the prosecution may present as evidence and try to understand any possible weaknesses in their case. Due to New York’s discovery reform, the prosecution is required to present the defense with evidence earlier in the case, which can help with creating your defense.
An attorney may also want to develop an alternative explanation for what happened, something that is plausible enough to give the jury reasonable doubt about what occurred.
Challenge the Prosecution’s Evidence
Prior to a trial, a defense attorney may strategize options to end the case, including getting the charges dismissed. They may:
- File motions to suppress evidence that was secured illegally or mishandled.
- File for suppression hearings to address violations of your rights during an arrest.
- Negotiate with the prosecution for reduced or dismissed charges.
- Negotiate to lower or remove bail so you can leave jail.
- Get the charges dropped due to insufficient evidence.
Through suppression hearings and motions to suppress evidence, a defense attorney can use criminal defense laws to limit the evidence the prosecution has against you. This can prevent them from meeting their burden of proof or make their case much weaker. It can lead to a dismissal of the charges or make it easier to negotiate a plea deal in your favor.
Support the Defendant
A defense attorney helps you or your loved one feel more confident during the criminal process. They can prepare you for hearings and trials, let you know what to expect, and give you reassurance. It isn’t easy to deal with the criminal justice system or accusations of a criminal offense. When you hire a criminal defense lawyer, they can provide compassionate legal guidance and more certainty about your future.
Negotiate Plea Bargaining
After examining all the evidence and considering every possible measure of defense, the defense lawyer may feel that it will be difficult to get their client a not guilty verdict. At this point, they may discuss the possibility of a plea bargain. The defense attorney can negotiate with the prosecution on their client’s behalf for an acceptable deal.
Representation in Court
If the case does go to trial, the lawyer can represent the defendant and act on their behalf. Along with the prosecution, the defense attorney is responsible for selecting the jury for the trial.
When the procedures start, they are responsible for defending their client against the accusation. If the prosecution can convince the jury of the defendant’s guilt, the defense lawyer can attempt to plead with the judge for lighter sentencing. Finally, after the trial, the criminal defense lawyer can file for appeals if possible. Throughout the case, a criminal defense lawyer is expected to put forth their most earnest effort into representing their client.
When Is It Important to Hire a Criminal Defense Lawyer?
You should hire a defense lawyer in New York if you:
- Have been arrested for a crime.
- Are charged with an offense.
- Have received a desk appearance ticket or summons.
- Suspect that you are under investigation.
The sooner you get in touch with a skilled defense team, the sooner they can begin protecting your rights. A New York criminal defense attorney can act before charges are filed and preserve evidence before the case against you is made. If charges have already been filed, it is still crucial to get in touch with a defense attorney as soon as you can. That way, they can begin planning your defense strategy.
How Can a Lawyer Help Me Throughout My Case?
Your lawyer can help you throughout your case in the following ways:
- Before you are charged or during an investigation, your attorney can represent you when the police question you. They can also help you answer subpoenas and preserve any exonerating evidence. In some cases, you may consider a voluntary surrender, under your attorney’s guidance, to keep an arrest off your record.
- If you are arrested or issued a desk appearance ticket (DAT), which is a summons to appear in court, your lawyer can speak on your behalf to prevent you from incriminating yourself.
- When you are arraigned, your attorney can counsel you on whether to plead guilty, not guilty, or no contest. They can also work to secure bail for you, and they can manage any issues involving protective orders.
- Before your case goes to court, your lawyer can manage the discovery process. During this, the prosecution and your defense attorney will share the evidence they have assembled. Your attorney can then use what they find to enhance your defense. They can also file pre-trial motions to dismiss any evidence that was obtained illegally or against procedure.
- Your defense lawyer can work to resolve your case in your favor. They can either seek a dismissal, attempt to get your charges reduced, or defend you in a trial. If the prosecution’s evidence is too strong to overcome, your attorney can work to secure the least damaging sentence possible. They can also file an appeal if needed.
FAQs
What Can You Expect From a Criminal Defense Lawyer?
What you can expect from a criminal defense lawyer is honesty. You don’t want a lawyer who sells you on something that they can’t deliver. This is particularly important for a plea bargain. You want a lawyer who is going to be clear and direct about your chances in an open trial, along with what you can expect in possible sentencing.
You also should expect your lawyer to represent you with attention to detail as they build a strong defense.
Should a Defendant Tell Their Lawyer Everything?
In some cases, defense lawyers want to make sure they know every detail. Sometimes, there are improper procedures or other details that can help with a defense. Other defense lawyers don’t want to know whether you committed the crime or not. They want to make sure that any subconscious biases or ethical concerns don’t inhibit their ability to make the strongest case they can in favor of their client. Always discuss with your lawyer what they want in that situation.
What Can a Criminal Defense Lawyer Do for Me?
If you are accused of a crime, a criminal defense lawyer acts as your advisor, negotiator, and representative. They can investigate your case, looking for every possible avenue of defense. They can advise you as to where the case stands. If it looks like a plea bargain may be a worthwhile option, they can negotiate on your behalf. If the case goes to trial, they can exhaust every option available while representing you through sentencing and appeals when necessary.
What Is the Burden of Proof in a Criminal Case?
In a criminal case, the prosecution is responsible for the burden of proof. They must:
- Present evidence.
- Make the case that the crime occurred.
- Demonstrate how the defendant is guilty.
The principle used in courts is the idea of innocent until proven guilty.
It’s the job of the defense attorney to find flaws in the prosecution’s case and show everyone how it is flawed. This can include demonstrating inconsistencies and gaps in evidence or offering an alternative explanation.
A Top-Rated Defense Lawyer Can Be Critical for Preserving Your Freedom
The role of a defense lawyer is a tremendously important one. In 2024, there were 387,320 adult arrests in New York State, and the crime index in the state was 425,334 offenses. A criminal defense lawyer helps people navigate the criminal justice system and protect their future.
A defense lawyer’s job can have life-changing effects for their clients. That’s not something that we take lightly at the Law Offices of Robert Tsigler, PLLC. We know that our clients would fight with every legal means available to them, and our job as their representative is to do the same. Our attorneys offer premier criminal defense based on years of proven results.
We provide multilingual legal services, 24/7 availability, and fast response times. Our firm has experience in state and federal courts, including the New York Eastern District Court. We know these cases are incredibly important to you, and we can put in the effort necessary to fight for you.
From investigation to appeal, if needed, we treat every aspect of our client’s criminal defense case with attention to detail. Our firm can use our experience to argue on their behalf with the same determination that they would. If you are ready to have us take a look at your case and possibly represent you, contact us today.
