What Is the Role of a Criminal Defense Attorney?
A criminal defense attorney plays a crucial role in the justice system, dedicated to defending the rights of individuals accused of committing crimes. Their primary responsibilities include providing legal representation, safeguarding the accused’s constitutional rights, and ensuring a fair trial. Whether you’re facing charges for DUI, drug offenses, theft, assault, or any other criminal activity, a skilled criminal defense lawyer can make a significant difference in the outcome of your case.
Criminal defense attorneys conduct thorough investigations, gather evidence, and develop robust defense strategies tailored to each client’s unique situation. They negotiate with prosecutors for plea deals, represent clients in court, and advocate for reduced sentences or case dismissals. Additionally, they offer legal counsel throughout the legal process, helping clients understand their rights and options.
At Michael A. Arbeit, P.C., we are committed to providing top-notch legal defense for our clients. Whether you’re in Nassau County, Suffolk County, Garden City, Freeport, Queens, Brooklyn, Manhattan, Staten Island, or The Bronx, we can help you. Our experienced attorney will work tirelessly to protect your interests and achieve the best possible outcome for your case. If you need a dedicated criminal defense lawyer, contact us today for a consultation.
Why You Need a Long Island & New York Criminal Defense Attorney
Facing a criminal charge can be one of the most daunting experiences in one’s life. The fear of potential consequences, from hefty fines to imprisonment, can be overwhelming. Although you are presumed innocent until proven guilty, navigating the legal system is an uphill battle, especially when state and federal prosecutors are vigorously pursuing convictions. This is where the expertise of a skilled criminal defense attorney becomes invaluable. If you are concerned about your legal status or facing an arrest warrant, immediate legal assistance is crucial.
Michael A. Arbeit, P.C. stands ready to balance the scales of justice in your favor. Our firm, experienced in defending against all types of criminal offenses, knows how to fight back against aggressive prosecution. Whether you are dealing with a misdemeanor or a more severe charge, our dedicated team will help you determine the next steps and build a robust defense strategy. Don’t face this battle alone—let our Long Island and New York criminal defense attorneys guide you through this challenging time, ensuring your rights are protected every step of the way.
Understanding Your Legal Rights
When faced with criminal charges, knowing your legal rights is essential. These rights are the foundation of your defense and protect you from unfair treatment by law enforcement and the justice system. These are some of the most important rights you have:
- Right to Remain Silent – The Fifth Amendment guarantees your right to remain silent and avoid self-incrimination. Prosecutors can use anything you say to police against you in court, so it is best to confer with an attorney before answering any questions.
- Right to an Attorney – Under the Sixth Amendment, you have the right to legal representation. If you can’t afford an attorney, a public defender will be appointed to represent you.
- Right to a Fair Trial – The Sixth Amendment provides you with the right to a speedy and public trial by an impartial jury. You have the right to confront witnesses against you and obtain witnesses in your favor.
- Protection Against Unreasonable Searches and Seizures – The Fourth Amendment protects you from unlawful searches and seizures. Any evidence obtained without probable cause or a valid search warrant may be inadmissible in court.
These rights can impact the outcome of your case. A knowledgeable New York criminal defense attorney will explain your rights to you and can make sure your rights are observed throughout the legal process.
Our Services
If you need help with any criminal charges, our experienced attorney can assist you. At Michael A. Arbeit, P.C., we offer comprehensive legal services to defend your rights and ensure the best possible outcome for your case. Our services include the following:
Assault Charges
Assault involves intentionally causing physical injury to another person. Learn more about how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Arson Crimes
Arson involves intentionally setting fire to property, causing damage, and endangering lives. Learn how Michael A. Arbeit, P.C. can help you navigate your defense & protect your rights.
Theft & Larceny
Theft/larceny involves unlawfully taking someone else’s property with the intent to deprive them of it. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Sex Crimes
Sex crimes involve illegal sexual conduct against another person. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Criminal Impersonation
Criminal impersonation involves assuming another person’s identity to deceive others. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Criminal Mischief
Criminal mischief involves intentionally damaging someone else’s property. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
DWI & DWAI
Drug Crimes
Drug crimes involve the illegal possession, distribution, or manufacturing of controlled substances. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Traffic Infractions
Traffic infractions involve violations of traffic laws and regulations. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Felony Charges
A felony is a serious crime punishable by more than one year in prison. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Reckless Driving
Reckless driving involves operating a vehicle in a manner that endangers others. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights
Harassment
Harassment involves unwanted, aggressive behavior towards others. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Forgery Offenses
Forgery involves altering or creating documents with intent to deceive. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Identity Theft
Identity theft involves using someone else’s personal information without consent. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Menacing
Menacing involves threatening someone to cause fear of harm. Learn more about how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Reckless Endangerment
Reckless endangerment involves actions that create a substantial risk of injury. Learn more about how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Weapon & Firearm Crimes
Weapon and firearm crimes involve the illegal use, possession, or distribution of weapons. Learn how Michael A. Arbeit, P.C. can help you navigate your defense and protect your rights.
Pre-Trial Motions: Preparing Your Defense
Pre-trial motions are a critical component of the criminal defense process. These motions are formal requests made to the court before a trial begins, and they can shape the direction of your case. Some common pre-trial motions include:
- Motion to Dismiss – This type of motion asks the court to dismiss the charges against you, typically due to procedural errors or a lack of evidence.
- Motion to Suppress Evidence – If police and prosecutors secured evidence in violation of your constitutional rights, your attorney can file a motion to suppress that evidence. For example, if police executed a search without a warrant, the court may exclude any evidence gained during that search from the trial.
- Motion for Discovery – This motion requests the prosecution to provide all evidence and information they have against you. It allows your defense to prepare by reviewing the evidence before trial.
- Motion to Change Venue – In cases that receive significant media attention or if there is a concern about finding an impartial jury, your attorney may request a change of venue to facilitate a fair trial.
Plea Bargaining: Negotiating with Prosecutors
In a plea bargain, the defendant agrees to plead guilty to a reduced charge or one of several charges in exchange for a lighter sentence.
While plea bargaining can result in a reduced sentence, it is not always the best option. You should only decide whether to accept a plea deal after carefully considering the strength of the evidence against you, the potential penalties, and your likelihood of success at trial.
Your seasoned criminal defense attorney can assist you in evaluating the pros and cons of a plea bargain in your case.
Trial Proceedings: Presenting Your Defense
If your case goes to trial, it’s important to understand how the trial will proceed. The trial process involves several stages, including:
- Jury Selection – The trial begins with jury selection. Both sides have the opportunity to question potential jurors to try to make sure the jury is impartial.
- Opening Statements – Both sides present their opening statements, which outline their case to the jury. The defense may choose to deliver an opening statement or reserve it until later in the trial.
- Presentation of Evidence – The prosecution presents its evidence first, followed by the defense. This stage involves examining and cross-examining witnesses and introducing physical evidence.
- Closing Arguments – After presenting all the evidence, both sides make their closing arguments, summarizing the case and trying to persuade the jury to reach a particular verdict.
- Jury Deliberation and Verdict – The jury deliberates in private, and either finds the defendant guilty or not guilty of some or all of the charges. If a guilty verdict is issued, the judge will determine the sentence.
Post-Conviction Remedies: Seeking Justice After a Verdict
The legal process does not necessarily end if you are convicted at trial. There are post-conviction remedies available to challenge the verdict or sentence, including:
- Appeal – An appeal is a request for a higher court to review the trial court’s decision. Grounds for appeal can include legal errors made during the trial, insufficient evidence to support the verdict, or violations of your constitutional rights.
- Motion for a New Trial – If new evidence emerges or there were significant errors made in the trial process, your attorney can file a motion for a new trial.
- Sentence Reduction – In some cases, your attorney can file a motion to reduce your sentence. They may argue it is excessively harsh or that you show signs of rehabilitation.
- Post-Conviction Relief – This can include filing a petition for a writ of habeas corpus, which challenges the legality of your detention, or seeking a pardon from the governor.
When Should You Contact a Criminal Defense Lawyer?
Contact Our Experienced Criminal Defense Attorney For Immediate Assistance
If you have been charged with a crime, you need a powerful criminal defense attorney by your side. Contact our office today to discuss your case confidently.
Michael A. Arbeit, P.C. assists clients throughout Long Island, including Nassau County, Suffolk County, Garden City, Freeport, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.