Frequently Asked Questions About Criminal Defense
Nov. 14, 2024
Traversing the criminal justice system can be challenging, especially if you're unfamiliar with the process. Having a competent criminal defense attorney by your side is critical, but it's also helpful to understand the basics.
A reliable attorney can answer your questions about criminal defense, helping you better grasp your rights, the legal process, and what to expect when facing criminal charges.
Gugliotta and Ponzini, P.C. is here for you. Whether you’ve found yourself being tried for a felony or a misdemeanor, we’re committed to offering quality consultation to New Rochelle, New York. That includes informing you about all the details of criminal defense.
1. What Is Criminal Defense?
Criminal defense involves representing individuals or entities accused of committing a crime. A criminal defense attorney's role is to protect the defendant's rights, confirm a fair trial, and strive for the best possible outcome. The attorney may argue for a dismissal of charges, negotiate plea bargains, or defend the accused in court.
2. What Are the Types of Criminal Defenses?
Criminal offenses generally fall into three categories:
Infractions: These are minor violations, such as traffic offenses or littering, typically punishable by fines and do not lead to jail time.
Misdemeanors: These are more serious than infractions and can include crimes such as petty theft, DUI (driving under the influence), and simple assault. Misdemeanors are punishable by up to a year in jail, fines, or both.
Felonies: These are the most serious crimes, including murder, sexual assault, and armed robbery. Felonies often lead to longer prison sentences, sometimes for life, and can carry heavy fines and other penalties.
3. What Should I Do If I’m Arrested?
If you’re arrested, the most important thing to do is remain calm and exercise your rights:
Right to remain silent: You have the right to avoid self-incrimination by not answering any questions without an attorney present.
Right to an attorney: You should ask for an attorney immediately. Even if you can’t afford one, a public defender will be provided to you.
It’s essential to avoid making any statements to the police that could be used against you later. A criminal defense attorney will help you understand what to say and what not to say to protect your rights.
4. What Happens After an Arrest?
Once you’re arrested, several steps follow in the criminal justice process:
Booking: This involves fingerprinting, photographing, and entering your details into the system.
Initial hearing/arraignment: You will be informed of the charges against you, and the judge will set your bail amount. During this stage, you can enter a plea: guilty, not guilty, or no contest.
Pre-trial: This stage includes discovery (exchange of evidence), motion filings, and plea bargain discussions. Your attorney may file motions to dismiss or suppress certain evidence.
Trial: If your case isn’t resolved through plea bargains or dismissed, it will proceed to trial, where both sides present evidence before a judge or jury.
Sentencing: If convicted, the judge will determine your sentence based on guidelines, the nature of the crime, and other factors.
5. What Are My Rights During a Criminal Trial?
During a criminal trial, you have several constitutional rights designed to confirm fairness:
Right to a fair trial: You’re entitled to a public trial conducted by an impartial judge or jury.
Right to confront witnesses: You can challenge the prosecution's witnesses by cross-examining them.
Right to present evidence: You have the right to present your own witnesses and evidence in your defense.
Right to remain silent: You can’t be compelled to testify against yourself. The prosecutor can’t suggest to the jury that your silence is an admission of guilt.
6. What Is the Role of a Criminal Defense Attorney?
A criminal defense attorney plays many crucial roles throughout your case. Some key responsibilities include:
Advising on legal rights: Your attorney will explain your rights and confirm they’re upheld at every stage.
Investigating your case: They’lll gather evidence, interview witnesses, and look for holes in the prosecution’s case.
Negotiating with prosecutors: Often, attorneys can negotiate a plea deal that reduces charges or penalties.
Representing you at trial: If your case goes to trial, your attorney will build and present your defense, challenge the prosecution’s evidence, and cross-examine witnesses.
Sentencing advocacy: If convicted, your attorney can argue for leniency in sentencing, highlighting mitigating factors such as lack of prior offenses or cooperation.
7. What Is a Plea Bargain?
A plea bargain is an agreement between the defendant and the prosecutor where the defendant agrees to plead guilty or no contest to a lesser charge or for a more lenient sentence. Plea bargains are common in criminal cases because they help avoid the time and cost of a trial.
For the defendant, a plea bargain may mean reduced charges or a lighter sentence, but it also means giving up the right to a trial. A skilled attorney will help you evaluate whether a plea deal is in your best interest based on the evidence and the likely outcome at trial.
8. Can I Represent Myself in a Criminal Case?
Technically, yes, you can represent yourself, which is known as "pro se" representation. However, it’s rarely recommended. Without legal experience, you may not be aware of important defense strategies or procedural rules that could significantly affect the outcome.
Even in simple cases, having an experienced attorney dramatically increases your chances of a favorable result.
9. What Is the Difference Between a Public Defender and a Private Attorney?
A public defender is appointed by the court for defendants who can’t afford to hire a private attorney. Public defenders are licensed attorneys with experience in criminal defense. However, they’re often overburdened with large caseloads, which can affect the amount of time and attention they can devote to each case.
A private attorney, on the other hand, is hired directly by the defendant or their family. They often have more time and resources to dedicate to each case, which can lead to more personalized attention and sometimes better results. The primary difference is the level of service and attention to detail a private attorney may offer.
10. What Factors Can Affect the Outcome of a Criminal Case?
Several factors can influence the outcome of a criminal case:
Strength of the evidence: The more solid the prosecution’s evidence, the harder it is to defend against.
Criminal record: Defendants with prior convictions may face harsher penalties if convicted again.
Witness credibility: The reliability and believability of witnesses for both the defense and prosecution can sway the jury.
Legal representation: The quality and experience of your attorney may make a difference in how well your defense is prepared and presented.
11. Can Charges Be Dismissed?
Yes, charges can be dismissed for various reasons, including lack of evidence, violations of constitutional rights (e.g. illegal searches), or errors in the prosecution’s case.
Your defense attorney may file a motion to dismiss or to suppress evidence that was unlawfully obtained. If the motion is successful, it may lead to a dismissal of charges or a significant weakening of the prosecution’s case.
12. What Happens If I’m Convicted?
If convicted, the sentencing phase follows, during which the judge determines the penalty based on the severity of the crime, your criminal history, and any mitigating or aggravating factors.
Penalties can include:
Jail or prison time
Fines
Probation
Community service
Restitution to victims
In some cases, you may be eligible for appeal, meaning a higher court could review the trial for legal errors and potentially overturn the conviction or reduce the sentence.
13. Can a Conviction Be Expunged From My Record?
In some cases, yes, certain criminal convictions can be expunged or sealed, which means they’re removed from public records. The laws for expungement vary by state and typically depend on the nature of the crime, the time passed since the conviction, and whether all court requirements (such as fines or probation) have been completed.
Take the First Steps to Personal Justice
Understanding your rights and the criminal justice process is crucial if you're facing charges. Gugliotta and Ponzini, P.C. is a law firm committed to your safety and justice. No matter the nature of your charge, we’re here to provide quality representation in New Rochelle, New York. Reach out today to get started with a free 30-minute appointment.