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Frequently Asked Questions

Nassau County Criminal Defense Lawyer

Have you been charged with a criminal offense in Nassau County? If so, your mind is likely overflowing with questions pertaining to the circumstances you currently face. Before now, these questions may have never even crossed your mind, but the answers are may be essential to your future. Regardless of the charges you currently face, we advise you to read through the questions and answers below. Our firm's Nassau County criminal defense attorney has provided information for our visitors who are faced with criminal charges. If you have further questions, do not hesitate to speak with us at once.

What steps should I take if charged with a criminal offense?
After being charged with a criminal offense, you must understand the impact that can take place on your future if your case is not accurately defended. It is essential that you retain the services of a lawyer who is experienced in handling criminal defense cases and who can help you navigate the criminal process. The penalties that you can face will likely change your life, especially if you are incarcerated. Your first action should be to arrange a free case evaluation with our firm to learn about the defense techniques we can use in your case.

Should I speak with law enforcement following my arrest?
Keep in mind that you are not required to provide a statement of any kind to law enforcement following your arrest. Remember your constitutionally protected Miranda rights, particularly that you are granted the right to remain silent. You should also not speak until you have exercised your right to an attorney. Your rights should be exercised as soon as possible because anything that you say can be used against you in a court of law.

How does the prosecutor decide to file charges?
When arrested for a criminal defense, the prosecutor will first assess whether your case is legally sound. In some cases, there are substantial issues regarding the grounds for your arrest or another part of your case that will cause it to be thrown out. The prosecutor assesses the case to determine if there is enough evidence for a conviction to be made probable. Other factors will also be considered, such as whether pursuing your case is worth the resources and time necessary to do so.

Can I still be punished if I only attempted to commit a crime?
In many circumstances, attempting to commit a crime is still classified as a crime. Typically, the defendant accused of attempting to commit a specific crime is punished with a lower-level sentencing of the actual crime. For an individual to be convicted of such an offense, the prosecutor will need to prove beyond a reasonable doubt that the person intended to commit the crime and that steps were taken beyond just the planning stage to commit the crime.

Should I hire an attorney for my bail hearing?
For the best possible result to your case, and in order to protect your rights, you should not enter a courtroom without the representation of a strong lawyer. When you attend your bail hearing, the possibility for negotiation exists. If you go to court without our Nassau County criminal defense attorney representing you, you can risk losing your ability to have bail posted for your release. Our firm can take every necessary step to get you released on your own recognizance or to negotiate a reasonable bail amount.

Do I have to submit to a police search of my home?
The answer to whether you must submit to a police search entirely depends on the circumstances, which is why it is imperative to understand the laws. For a search of your home to be completed, the police will either need to have your consent or to provide a valid search warrant. In some circumstances, law enforcement officers are able to conduct a search without your consent or in the absence of a warrant if they have valid reason to believe that a crime is being committed.

Do you still have questions about your case?

If, after reading through the questions and answers above, you still have concerns regarding your case, you should not hesitate to discuss your situation with us at once. Our knowledgeable Nassau County criminal lawyer can be your guide and provide you with the answers you need. We understand how frightful it may be to be faced with a criminal arrest, but at Jason M. Barbara & Associates, P.C., we can help! Our attorney has 20 years of experience handling a wide range of criminal law cases and can answer your questions.

Contact our firm at your earliest convenience!

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.