Brooklyn Criminal Defense Attorney — Arraignment Through Trial

What This Practice Covers

A criminal matter moves on the court's schedule from the moment it begins. What a person does in the first days — and, just as importantly, what they refrain from doing — can shape everything that follows.

The most common and most costly mistake is talking. People explain, clarify and try to be helpful, believing that cooperation will resolve a misunderstanding. Statements made without counsel present become part of the record permanently. If you have been contacted by law enforcement or arrested, the single most useful step is to speak with an attorney before speaking with anyone else.

Criminal representation covers the whole arc of a matter: the investigative stage before anything is filed, arraignment, the grand jury process, motions and hearings, plea negotiations where appropriate, and trial where necessary. Each stage has its own decisions, and each decision is easier when the record has been protected from the start.

Criminal matters also interact with other areas of law. A criminal case can affect an immigration matter, a professional license, a family court proceeding or employment. If you have more than one of these in progress, say so in the first conversation.

The Stages of a Criminal Matter

A criminal matter moves on the court's schedule from the moment it begins. What a person does in the first days — and, just as importantly, refrains from doing — shapes everything that follows.

Before charges: contact from law enforcement

The most common and most costly mistake is talking. People explain, clarify and try to be helpful, believing cooperation will resolve a misunderstanding. Statements made without counsel present become part of the record permanently. If you have been contacted, speak with an attorney before speaking with anyone else.

Arrest and arraignment

Arraignment is the first court appearance and it moves quickly. What matters going in is knowing what is actually charged, what the paperwork says and what the next date is. Calls from a detention facility are generally recorded; they are not the place to discuss the matter.

The grand jury stage

Where a matter proceeds to a grand jury, there are decisions to be made about how to respond and whether to participate. Those decisions have consequences that extend through the rest of the case, and they are made on a short timeline.

Motions and hearings

Pre-trial motions and hearings are where the record is tested — what evidence comes in, what statements are admissible, what the charging documents actually support. Much of the substance of a criminal defense happens at this stage rather than at trial.

Plea discussions and trial

Whether a negotiated resolution or a trial is the better course depends on the record, the exposure and the client's own circumstances and priorities. That is a decision the client makes with counsel, after both understand what the file actually contains.

Common Matters Handled

These are the kinds of matters the office handles in this area. Whether the firm can accept a specific matter depends on its facts, the jurisdiction involved and the results of a conflict check.

• Arraignments and early case review
• Representation during the investigative stage
• Grand jury proceedings
• Pre-trial motions and hearings
• Plea negotiations
• Trial representation
• Matters that overlap with immigration consequences
• Post-arrest questions about next court dates

How These Matters Usually Proceed

1. Before anything else, do not discuss the matter. Not with law enforcement, not on the telephone from a facility, not on social media, and not with the people involved.
2. Gather the paperwork. The docket or ticket number, the charging document, the date and location of the next appearance, and the name of the court.
3. Early review. What is actually charged, what the record shows, and what the realistic procedural picture looks like from here.
4. Through the process. Appearances, motions, hearings, negotiation where appropriate, and trial where the matter requires it.

Criminal Law — Frequently Asked Questions

I was arrested. What is the first thing to do?

Do not discuss the matter with anyone other than an attorney, and note the date, time and location of your next court appearance. Then contact a criminal defense attorney promptly. Recorded calls from a detention facility are not private.

Will this show up on a background check?

That depends on the charge, the disposition and the type of check. It is a question to raise with an attorney who knows the specifics of your matter.

Can a criminal case affect my immigration status?

It can, and the interaction is complicated and specific to the charge and disposition. Tell the office about both matters in the same conversation so they are considered together. See also the office's immigration practice.

Can you tell me whether I will be convicted?

No. No attorney can predict the outcome of a criminal matter, and any prediction offered before reviewing the record is worthless. What an attorney can do is explain the process and the realistic considerations at each stage.

These answers are general and educational. They are not legal advice, they do not address your particular situation, and reading them does not create an attorney-client relationship. Laws, deadlines and procedures vary by jurisdiction and by the facts of each matter.