Criminal Process in Nassau County
After the Arrest
If you have been arrested for a criminal offense in Nassau County, it is
essential to understand the criminal process in order to gain the best
chance of resolving your case. If you have any questions pertaining to
the criminal process in New York or require legal guidance, do not hesitate
to speak with our Nassau County and Long Island
criminal defense lawyer at your earliest convenience. We use aggressive methods to help
settle our clients' cases. If cases cannot be handled out of court,
we can proceed with litigation. Attorney Jason M. Barbara is recognized
as one of New York's most talented and skilled trial lawyers.
Exercise Your Right to an Attorney
New York police officers can place a suspected criminal defendant under
arrest if an officer has reason to believe that a violation of the criminal
law has taken place. The defendant will then be taken into custody if
there is probable cause to make the arrest. If you have been arrested
without being advised of your Miranda rights, nothing that the officer
has said will be admissible as evidence against you during trial. Two
of the most important rights you have include the:
- Right to remain silent
- Right to an attorney
Central booking is the process that occurs at the jail after the defendant's
arrest. This process includes collection of information from you, creation
of a rap sheet, fingerprinting, and the taking of mug shots. In the state
of New York, medical screening will also occur.
The bail arraignment will then take place, which is when the charges against
the defendant will be read, and he or she will have to plead either guilty
or not guilty. Release can then take place on the defendant's own
recognizance or bail can be posted. Once released, the defendant must
then reappear in court when summoned.
How Your Case Can Be Resolved
Many cases are handled through the process of plea bargaining. Mutual satisfactory
agreement will have to occur between the prosecution and your Nassau County
criminal defense attorney to secure a plea bargain successfully. New York's
grand jury will address all felonies and assess the evidence against you.
During the grand jury proceeding, the defendant is not able to attend.
If there is not enough evidence against you for you to be charged, you
will be released. If substantial evidence is found, an indictment will
be filed against you.
Trial & Sentencing
Cases that do not involve charges of homicide must be tried within six
months. The prosecution and your lawyer will take turns providing evidence
and conducting questioning at trial. Cross-examining of witnesses will
occur on both sides. The judge will then set a court date for sentencing
if you are charged with a felony offense. If you are found guilty, the
judge will sentence you using specific guidelines designated by the state.
The judge will also consider mitigating or aggravating factors as well
as provisions for plea agreement.
Looking for an experienced attorney for a criminal case in Nassau County?
For assistance with any portion of the criminal process,
contact our firm today!