Criminal Law

New York City Criminal Law

Have you been accused of committing a crime? If so, hiring the right criminal defense lawyer can mean the difference between keeping your record clear and staying out of jail and conviction. Besides losing your freedom, a criminal conviction can damage your reputation, your future job prospects, or, in some instances, your right to vote or drive a car. 

What to Do If You Are Arrested in New York City 

  • Stay calm and do not resist arrest. Keep your hands where the police can see them and follow basic instructions. 
  • You have the right to remain silent. You do not have to answer questions about the situation. You can clearly say, “I want to speak to a lawyer.” 
  • Do not give explanations, excuses, or stories, even if you think it will help. What you say can be used against you later. 
  • Ask to call a lawyer as soon as possible. If you cannot afford one, you have the right to a public defender. 

After an arrest, you may be taken to a police station for booking. You may also be held until you see a judge. Try to remember details about what happened, such as names, places, and times. This information can help your lawyer build your defense. 

Your Rights Under New York Criminal Law 

If you are charged with a crime, you have important rights. Some key rights are: 

  • The right to remain silent. This means you do not have to answer questions from the police or prosecutors.   
  • The right to have a lawyer with you during questioning. 
  • Protection against unfair searches and seizures. In many cases, police must have a warrant or a good legal reason to search your home, car, or belongings. If they do not follow the law, evidence they collect may not be used in court. 
  • The right to a fair trial. This includes the right to be heard in court, the right to present evidence, and the right to question witnesses. You are also presumed innocent until proven guilty. 

Understanding the New York Criminal Justice Process 

The criminal process in New York usually begins with an arrest or a court summons. After an arrest, you will go through booking and may be held until your arraignment. At the arraignment, a judge will read the charges and decide if you will be released or held. 

Next, your case may move through several steps, such as hearings, motions, and possible plea negotiations. A plea deal means you may agree to plead guilty to a lesser charge instead of going to trial. Your lawyer will help you understand your options. If you accept a plea deal, you may not have grounds to file a claim for wrongful arrest or prosecution at a later date.  

If your case goes to trial, both sides will present evidence and call witnesses. A judge or jury will decide the outcome. The process can take time, but having a lawyer helps you understand each step and prepare your defense. 

What Types of Criminal Cases Can an Attorney Help With in New York City? 

Experienced lawyers can handle many types of criminal cases. Whether you are facing a minor offense or a serious charge, the right legal help can make a big difference. Below are some common areas where lawyers assist clients in New York City. 

Alcohol-Related Traffic Violations 

Alcohol-related traffic violations include charges like driving while intoxicated (DWI) or driving while ability impaired (DWAI). These cases can lead to fines, license suspension, and even jail time. A lawyer can review the traffic stop, test results, and police actions to look for any problems with the case and help protect your rights. 

Sealing Criminal Records  

In some cases, you may be able to seal your criminal record so it is not visible to most employers or the public. This can help you move forward with your life. A lawyer can guide you through the process and help determine if you qualify under New York law. 

Traffic Violations 

Traffic violations can include speeding tickets, reckless driving, and other offenses. While they may seem minor, they can lead to fines, points on your license, and higher insurance costs. A lawyer can help you challenge the ticket or reduce the penalties. 

What Are Common Defense Strategies in Criminal Cases? 

Criminal defense lawyers use different strategies based on the facts of each case. One common approach is to question the evidence. This may include looking at how it was collected and whether it is reliable. If evidence was wrongfully obtained, it may be excluded from court. 

Another strategy is to challenge witness statements. Lawyers may show that a witness is mistaken or not telling the full story. They can also present evidence that supports your side of the case, such as alibis or records. 

In some situations, a lawyer may argue that you did not commit the crime or that you lacked intent. In others, they may work to reduce the charges or penalties through negotiation. The goal is always to protect your rights and get the best outcome possible. 

What Are the Penalties and Consequences of a Criminal Conviction in NYC?  

A criminal conviction can lead to serious penalties. These can include fines, probation, community service, or jail time. Some charges may also result in losing your driver’s license or other privileges. 

A conviction can make it harder to find a job, rent an apartment, or apply for school. It may also affect your reputation and future opportunities. That is why it is important to take criminal charges seriously and get legal help early. 

Get Help From an Experienced New York City Criminal Defense Attorney 

If you are facing criminal charges in New York City, you do not have to handle it alone. A qualified criminal defense lawyer can explain your rights, guide you through the legal process, and fight to protect your future. 

The New York City Bar Legal Referral Service can connect you with a qualified lawyer. Contact us today to schedule a consultation and learn how a criminal law lawyer can help you move forward.   

Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.

Request A Lawyer

Back to Top

Our Lawyers

Our lawyers are screened and approved – they have all gone through an application and interview process. Each lawyer we recommend has been screened for significant experience, knowledge of ethics codes and rules, and law office practices, including customer service skills and handling of fees and billing.

Learn More About Our Lawyers

About Us

When you call us, you will be speaking with an attorney. One of our attorney referral counselors takes your call and talks with you about your legal question, or reviews your online referral request. There is no charge to speak with one of our attorney referral counselors -- we’re here to help.

Learn More About Us