What Types of Criminal Defense Cases Does Your Firm Handle In New York?
I typically represent good people who find themselves in bad situations. I avoid defending individuals who were involved in real criminal activities or criminal conspiracies, but I have handled several homicide cases, most of which ended in no jail time or not guilty verdicts. Most typically, I handle DUI and domestic violence cases. I also handle shoplifting and criminal mischief cases involving traffic disputes and allegations of damage to vehicles. On occasion, I handle drug cases. Despite the decriminalization of marijuana and the media telling people that these cases are no longer being prosecuted, marijuana cases are quite common.
How Do People Unintentionally Incriminate Themselves And Hurt Pending Criminal Cases?
In New York City, cases often begin when a person makes a report that gets referred to a detective. The detective will then reach out to the suspect and request that they make a statement. Not knowing how the system works, the suspect will meet with the detective, be read the Miranda warnings, and agree to answer questions. Before they know it, they will have made an incriminating statement and will get arrested. As a former captain in the police department, I know this process leads to arrests. When a client tells me that a detective called them and requested that they provide a statement, I tell them that if they agree to do so, they will end up arrested. I advise them to not make a statement under any circumstances. If a client doubts me, I will call the detective, tell them I am a retired captain and ask whether they plan to arrest my client, to which they will reply “Yes.” At that point, I will arrange a time for my client to go in and get arrested, and we’ll deal with the charges at that point. Approaching the situation in this way prevents the client from having to make a statement that could later be used against them.
How And When Do Miranda Rights Come Into Play In An Encounter With The Police?
Anyone who watches TV has probably seen representations of police officers reading people the Miranda warnings as they arrest them. In New York City, however, people are almost never read the Miranda warnings. Clients will assume that if they were not read their rights, then the arrest was illegal, but that is not necessarily true. A police officer has to read Miranda warnings when two things happen: an individual is in custody, and that individual is going to be interrogated. This means that if a detective speaks with someone who is not in custody, they do not have to read the Miranda warnings, and anything that individual says could be used against them.
There are times when a defendant can move to suppress statements in the event that Miranda warnings weren’t properly given. There are also times when officers will try to get someone to make incriminating statements, which is called a spontaneous utterance. For example, someone might be under arrest for domestic violence and the officer might strike up a conversation by saying something like, “It’s hard to believe you’re in this situation, huh?” The human inclination might be to engage in that conversation. Under such circumstances, the officer would not be interrogating the person because they would not be asking specific questions, but the individual might willingly tell them their entire side of the story – any piece of which could be used against them. It is important for people to keep their guard up when dealing with detectives or police officers because it’s their job to obtain as much incriminating information from a suspect as possible.
For more information on Handling Criminal Cases In New York, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 766-9779 today.
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