New York Criminal Lawyer

An arrest can be one of the most frightening and disorienting experiences a person will ever face. Whether it’s your first time encountering the justice system or not, the fear, confusion, and embarrassment can feel overwhelming. From the moment the handcuffs go on, your mind may race with questions about what happens next, what your rights are, and how this could affect your job, your family, or your future. This is not the time to try to figure things out on your own. You need someone who knows the process and can protect you from making mistakes that could cost you dearly. An experienced New York criminal lawyer can make the difference between panic and a clear path forward.

Having strong legal guidance is not a luxury. It is often the best way to protect your rights, challenge the prosecution’s case, and work toward the best possible outcome. This is why having an experienced New York criminal lawyer by your side from the very beginning matters. The team at the Law Offices of Barry C. Weiss, P.C. understands the serious personal and legal consequences that criminal charges can have on a person’s life. We have decades of experience representing individuals accused of crimes in New York courts. Recognized as a 10/10 Top-Rated Lawyer by Justia, Barry Weiss works closely with clients to help them understand the charges they face, prepare for what lies ahead, and make informed decisions throughout the criminal process. Contact us at 212.785.1300 to schedule a free, no obligation consultation regarding your case.

What’s the Difference Between a Felony, Misdemeanor, and Violation?

In New York, criminal offenses are divided into three main categories: felonies, misdemeanors, and violations. The classification of an offense affects the possible penalties, where the case is heard, the long-term consequences of a conviction, and whether a person may face jail or prison time.

Felonies. Felonies are the most serious criminal offenses under New York law. They include crimes such as robbery, burglary, serious assault, gun crimes, major drug offenses, and certain sex crimes. Felonies are divided into classes ranging from Class A felonies, which are the most serious, to Class E felonies. Depending on the charge and a person’s criminal history, felony convictions may result in state prison sentences, probation, post-release supervision, and substantial fines. A felony conviction can also affect employment opportunities, firearm ownership, immigration status, and professional licenses. Voting rights may be affected during incarceration.
Misdemeanors. Misdemeanors are less serious than felonies but are still considered criminal offenses. Common misdemeanors include petit larceny, simple assault, criminal mischief, and certain drug possession offenses. In New York, misdemeanors are generally classified as either Class A misdemeanors or Class B misdemeanors. A Class A misdemeanor may carry up to 364 days in jail, while a Class B misdemeanor may carry up to 90 days in jail. Even though misdemeanors are less serious than felonies, a conviction can still create a criminal record and lead to long-term consequences.
Violations. Violations are offenses that are not considered crimes under New York law. Examples may include disorderly conduct, harassment in the second degree, and certain traffic-related offenses. Violations are generally punishable by fines, conditional discharge, community service, or short jail sentences. Although violations are less serious than misdemeanors or felonies, records of these cases may still appear in some background searches and may impact employment, housing, immigration matters, or professional licensing in certain situations.

The classification of a criminal charge can significantly affect how a case proceeds and the penalties a person faces if convicted. A knowledgeable New York criminal defense lawyer can explain the charges, evaluate possible defenses, negotiate with prosecutors, and work to reduce or dismiss charges whenever possible.

What Happens After an Arrest in New York?

After a person is arrested in New York, the next steps happen quickly. The individual is first brought to a police precinct or to Central Booking for processing. During this time, the police take fingerprints, photographs, and personal information, and run a check for any outstanding warrants. The person is usually held in custody throughout this initial process. Depending on the circumstances, the individual may not yet have spoken with an attorney before arraignment. It is important to note that under N.Y. CPL § 140.10(1)(b), a police officer may arrest a person without a warrant if there is reasonable cause to believe that a crime has been committed. Under New York law, “reasonable cause” is similar to what is commonly called probable cause. Reasonable cause is based on facts and circumstances that would lead a reasonable person to believe that the suspect committed an offense.

Once the arrest is processed, the case is referred to the district attorney’s office, where an assistant district attorney, often called the prosecutor, reviews the case and decides whether to file formal charges. If charges are brought, the individual must be arraigned before a judge. New York courts generally favor a 24-hour arrest-to-arraignment window, though delays can sometimes occur depending on local court schedules, processing constraints, and other administrative circumstance. At the arraignment, the charges are read aloud, and the court determines the person’s status- whether they will be released, held on bail, or remanded (held in custody without bail).

It is important to understand that any statements made to the police can be used in court. Under N.Y. CPL § 60.45, a statement must be voluntary in order to be admissible. Even casual or informal remarks can be damaging if interpreted as an admission. Speaking with an experienced New York criminal lawyer as early as possible can help you avoid saying anything that may harm your defense.

If the arrest occurs outside of New York, extradition procedures apply. Before the person can be transported to New York, the state must obtain a governor’s warrant in accordance with N.Y. CPL § 570.08. However, the individual may choose to waive extradition, allowing for a faster transfer, as outlined in N.Y. CPL § 570.50. These interstate matters can be legally complicated. An experienced New York criminal lawyer can assist with the process, explain your options, and work to protect your rights at every stage.

What Is a Desk Appearance Ticket?

For some lower-level offenses, a person may receive a Desk Appearance Ticket, also called a DAT, instead of being held in custody. A DAT is a written notice telling the person to appear in criminal court on a future date to answer the charges.

Receiving a DAT does not mean the case is minor or unimportant. It is still a criminal case. If you miss a court date for a DAT, the court will usually first send you a notice giving you 30 days to address the missed appearance. If you do not respond or appear within that time, the judge may issue a bench warrant for your arrest under N.Y. CPL § 150.60 and § 530.70. A DAT may allow you to leave the precinct sooner, but it still starts a formal criminal case.

If you received a Desk Appearance Ticket, you should speak with an experienced New York criminal lawyer as soon as possible. Your lawyer can explain what to expect in court, help prepare your defense, and take steps to protect your record and your rights.

What Happens at Arraignment?

The arraignment is the first formal court appearance. The judge reads the charges and asks the defendant to enter a plea, which is typically “not guilty” at this stage. The court then decides whether the person will be released, remanded, or required to post bail.

Under CPL § 510.30, the court considers several factors when determining bail:

The seriousness of the charges. Courts consider the nature of the alleged offense and the potential sentence the defendant could face if convicted. However, under New York’s bail laws, judges may only set bail in cases involving qualifying offenses identified in CPL § 510.10.
Criminal history. Judges may review prior convictions, pending criminal cases, and any history of failing to appear in court. A person with a significant criminal record may face stricter release conditions.
Ties to the community. Courts often consider whether the defendant has family connections, employment, stable housing, or long-term ties to the area. Strong community ties may support release without bail.
Risk of flight. Courts evaluate whether the defendant is likely to return to court as required. Judges may consider prior missed court appearances, the person’s history of complying with court orders, and other factors related to the likelihood of returning to court.

While many misdemeanors and non-violent felonies are strictly non-bail eligible, subsequent legislative updates have given judges more discretion to set bail on repeat offenses or specific qualifying charges. In eligible cases, judges may release defendants on their own recognizance or impose non-monetary conditions such as supervised release.

In felony cases prosecuted by felony complaint, the prosecution must act within specific time limits if the defendant remains in custody. Under CPL § 180.80, the defendant may be entitled to release if the prosecution does not timely obtain a grand jury indictment or establish reasonable cause to continue detention.

What Does the Grand Jury Do in a Felony Case?

In many felony cases in New York, prosecutors must present the case to a grand jury unless the defendant waives indictment and agrees to proceed by Superior Court Information under CPL Article 195. The grand jury’s job is to decide whether there is enough evidence to believe that a felony was committed and that the accused person committed it.

During grand jury proceedings, the prosecutor presents evidence and calls witnesses to testify. Defense attorneys are not allowed inside the grand jury room during testimony, and judges are generally not present during the proceedings. Under CPL § 190.50, a defendant may have the right to testify before the grand jury if proper notice is given to the prosecutor. Deciding whether to testify can be risky and should be discussed carefully with a defense lawyer.

After hearing the evidence, the grand jury may vote to issue an indictment or return a “no true bill.” An indictment means the case will move forward in Supreme Court or County Court. A “no true bill” means the grand jury decided there was not enough evidence to indict on the charges presented. In some situations, prosecutors may ask permission to present the case to another grand jury.

After an indictment is filed, the defendant appears in Supreme Court or County Court for another arraignment. During this court appearance, the judge reads the new charges, which may be different from the original charges filed at the start of the case. The defendant enters another plea, and the court may reconsider bail or release conditions. The court will also begin setting deadlines for motions, hearings, discovery, and trial preparation.

What Are Common Pretrial Hearings in New York?

After arraignment, common pretrial hearings include Huntley hearings, Mapp hearings, Dunaway hearings, and Wade hearings. These hearings allow the court to decide important legal issues before trial, including whether police obtained evidence lawfully and whether a defendant’s constitutional rights were violated. In many cases, the defense files motions under N.Y. CPL Article 255 asking the court to suppress evidence, limit what the prosecution can present at trial, or dismiss certain charges.

If the court grants a request for a hearing, both sides appear before a judge to present legal arguments, evidence, and witness testimony. These hearings can have a major effect on the outcome of a criminal case. If the judge determines that evidence was obtained unlawfully or in violation of the defendant’s rights, the court may suppress that evidence and prevent the prosecution from using it at trial. In some situations, suppression of important evidence may weaken the prosecution’s case enough to lead to reduced charges, dismissal, or a more favorable plea agreement.

Huntley Hearing. A Huntley hearing focuses on whether statements made by the defendant can be used at trial. In People v. Huntley, 15 N.Y.2d 72 (1965), the New York Court of Appeals held that the prosecution must prove that a defendant’s statements were made voluntarily. If police obtained a confession through coercion, threats, improper questioning, or other unlawful conduct, the court may suppress those statements and prevent the jury from hearing them.
Mapp Hearing. A Mapp hearing examines whether police obtained physical evidence through an illegal search or seizure. In Mapp v. Ohio, 367 U.S. 643 (1961), the United States Supreme Court held that evidence obtained in violation of the Fourth Amendment generally cannot be used at trial. These hearings often involve disputes over warrantless searches, vehicle searches, traffic stops, or searches conducted without probable cause.
Dunaway Hearing. A Dunaway hearing addresses whether police unlawfully detained a defendant before questioning. In Dunaway v. New York, 442 U.S. 200 (1979), the United States Supreme Court ruled that statements obtained after an illegal detention may be suppressed even if police gave Miranda warnings. Miranda warnings advise a person of the right to remain silent, the right to an attorney, and that statements can be used in court.
Wade Hearing. A Wade hearing examines whether police used unfair or overly suggestive identification procedures, such as lineups, show-ups, or photo arrays. In United States v. Wade, 388 U.S. 218 (1967), the United States Supreme Court held that certain post-indictment identification procedures are considered a critical stage of the prosecution at which defendants may have the right to counsel. If the court determines that the identification procedure was improperly suggestive or violated the defendant’s constitutional rights, the identification evidence may be suppressed.

Pretrial hearings can be one of the most important stages of a criminal case because they often determine what evidence the prosecution will be allowed to present at trial. An experienced New York criminal defense lawyer can evaluate whether police violated a client’s constitutional rights, file appropriate motions, challenge questionable evidence, and work to strengthen the defense before the case ever reaches a jury.

How Do Plea Bargains Work?

Most criminal cases in New York are resolved through plea agreements rather than trials. A plea bargain is an agreement between the prosecution and the defendant in which the defendant agrees to plead guilty in exchange for some type of benefit. Depending on the circumstances, a plea agreement may result in reduced charges, a lighter sentence, or participation in a treatment or diversion program instead of incarceration.

Prosecutors may offer several types of plea agreements, including:

Reduced charges. In some cases, prosecutors may agree to reduce a felony charge to a misdemeanor or reduce the severity of the original charges. This can significantly reduce the possible penalties and long-term consequences of a conviction.
Shorter sentences. A plea agreement may include a shorter jail sentence, probation instead of incarceration, conditional discharge, or another reduced penalty. In many cases, the negotiated sentence is less severe than the sentence a defendant could face after trial and conviction.
Treatment alternatives. Some defendants may qualify for alternatives to traditional prosecution, such as drug court, mental health court, or treatment-based programs. Successful completion of these programs may result in reduced charges or dismissal of the case in certain situations.

For some lower-level misdemeanor cases, an Adjournment in Contemplation of Dismissal (ACD) may be available under CPL § 170.55. An ACD temporarily pauses the case and, if the defendant meets the required conditions and avoids additional arrests during the adjournment period, the charges are generally dismissed and the record sealed after six months or one year, depending on the terms ordered by the court.

Before accepting any plea agreement, a defendant should fully understand the possible consequences. A guilty plea can affect immigration status, professional licenses, firearm rights, housing opportunities, and future employment. In most cases, entering a guilty plea also means giving up the right to a trial and limiting the ability to challenge the conviction on appeal later.

Deciding whether to accept a plea offer is one of the most important choices a defendant will make in a criminal case. An experienced New York criminal defense lawyer can review the evidence, explain the strengths and weaknesses of the case, negotiate with prosecutors, and help determine whether accepting a plea agreement or proceeding to trial is the better option under the circumstances.

What Happens at a Criminal Trial?

If a criminal case is not resolved through a plea agreement, it may proceed to trial. In felony cases, defendants generally have the right to a jury trial with twelve jurors. For lower-level offenses, the right to a jury depends on the severity of the charge. Defendants charged with a Class A misdemeanor generally have the right to choose either a bench trial, where the judge decides the case, or a jury trial with six jurors. However, for Class B misdemeanors or offenses carrying a maximum penalty of 90 days or less, particularly within New York City, cases are typically resolved through a bench trial rather than a jury trial.

At trial, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. This is the highest burden of proof used in the legal system. The prosecution must present legally sufficient evidence establishing every element of the charged offense. In People v. Contes, 60 N.Y.2d 620 (1983), the New York Court of Appeals discussed the standard for reviewing whether evidence is legally sufficient to support a conviction.

During the trial, both sides have the opportunity to present evidence and question witnesses. The prosecution presents its case first and attempts to prove the charges through witness testimony, documents, physical evidence, video recordings, forensic evidence, or other materials. The defense has the right to cross-examine the prosecution’s witnesses and challenge the reliability, accuracy, or credibility of the evidence presented.

A defendant is not required to testify or present evidence. In many cases, the defense may focus on exposing weaknesses in the prosecution’s case and arguing that the evidence does not prove guilt beyond a reasonable doubt. In other cases, the defense may call witnesses, present evidence, or offer alternative explanations for what occurred.

Throughout the trial, the judge rules on objections, ensures that proper legal procedures are followed, and instructs the jury on the applicable law. After closing arguments, the jury deliberates privately to determine whether the prosecution proved the charges beyond a reasonable doubt. In New York criminal cases, a conviction generally requires a unanimous verdict. If the jury cannot reach a unanimous decision, the judge may declare a mistrial, and the prosecution may decide whether to retry the case.

A criminal trial can have life-changing consequences, including incarceration, fines, probation, immigration consequences, and damage to a person’s reputation and future opportunities. An experienced New York criminal defense lawyer can investigate the case, challenge the prosecution’s evidence, cross-examine witnesses, present defenses at trial, and work to protect the defendant’s constitutional rights at every stage of the proceedings.

What Are the Sentencing Options?

Sentencing takes place after a defendant pleads guilty or is convicted at trial. During sentencing, the judge decides what penalties or conditions will be imposed based on the offense, the defendant’s criminal history, the facts of the case, and any aggravating or mitigating circumstances presented by the parties.

Under New York sentencing laws, penalties vary depending on the classification of the offense. Some examples include:

Class B felonies. Many Class B violent felonies carry determinate prison sentences that can be as high as 25 years, depending on the offense and the defendant’s criminal history. Some non-violent Class B felonies may carry different sentencing ranges.
Class A misdemeanors. A Class A misdemeanor is punishable by up to one year in jail. In some cases, the court may impose probation, conditional discharge, fines, or other non-jail sentences instead of incarceration.
Violations. Violations are not considered crimes under New York law. These offenses are generally punishable by fines, conditional discharge, community service, or up to 15 days in jail, depending on the specific violation.

New York courts may also impose alternative or non-incarceration sentences in appropriate cases. Depending on the charges and the defendant’s background, sentencing options may include probation, conditional discharge, community service, restitution, treatment programs, mental health programs, drug rehabilitation, or other court-ordered conditions.

Before sentencing, both the prosecution and defense have the opportunity to present information to the court. Defense attorneys may submit sentencing memoranda, provide records showing rehabilitation or community involvement, and call family members, employers, counselors, or other character witnesses to ask the court for leniency. Victims may also have the right to make statements to the court before sentencing is imposed.

Even in some serious criminal cases, judges may have discretion to impose alternatives to incarceration depending on the applicable sentencing laws and the facts of the case. Because sentencing can have long-term consequences for a person’s freedom, career, immigration status, and future opportunities, it is important to work with an experienced New York criminal defense lawyer who can present mitigating evidence, argue for reduced penalties, and pursue sentencing alternatives whenever possible.

How Do You Appeal a Criminal Conviction?

After a criminal conviction in New York, a defendant may have the right to file a direct appeal. An appeal asks a higher court to review legal errors that may have occurred during the trial, plea proceedings, or sentencing. In most cases, the appeal process begins by filing a Notice of Appeal within 30 days after sentencing.

An appeal does not involve a new trial or new witnesses. Instead, the appellate court reviews the trial record, court rulings, transcripts, and written legal arguments to determine whether significant legal mistakes affected the outcome of the case. Common issues raised on appeal may include:

Incorrect jury instructions. A conviction may be challenged if the judge gave the jury improper legal instructions or failed to explain the law correctly.
Improper admission or exclusion of evidence. Appellate courts may review whether the trial court wrongly allowed certain evidence to be presented to the jury or improperly prevented the defense from introducing evidence.
Prosecutorial misconduct. An appeal may involve claims that the prosecution engaged in improper conduct, such as making unfair statements to the jury, withholding evidence, or violating the defendant’s constitutional rights.

In People v. LaFontaine, 92 N.Y.2d 470 (1998), the New York Court of Appeals reversed a conviction after addressing issues involving suppression rulings and appellate review. The case illustrates how procedural and constitutional errors can affect the validity of a conviction and become important issues on appeal.

In addition to a direct appeal, a defendant may seek post-conviction relief under CPL § 440.10. These motions may allow a court to review certain issues outside the normal appeal process, including newly discovered evidence, prosecutorial misconduct, juror misconduct, or claims that defense counsel was ineffective. In People v. Benevento, 91 N.Y.2d 708 (1998), the New York Court of Appeals explained that defense attorneys must provide meaningful representation when viewed under the totality of the circumstances.

Appeals and post-conviction motions involve strict deadlines, procedural rules, and detailed legal arguments. A skilled New York criminal defense lawyer can review the trial record for reversible errors, prepare appellate briefs, file post-conviction motions, and continue fighting to protect a client’s rights even after a conviction has occurred.

Frequently Asked Questions (FAQs)

Q. Do I Have to Speak to the Police if I’m Being Investigated or Arrested?

A. No. In most situations, you have the right to remain silent under the Fifth Amendment. Even if you believe you did nothing wrong, statements made to police can later be used against you in court. In Miranda v. Arizona, 384 U.S. 436 (1966), the United States Supreme Court recognized important protections related to police questioning while a person is in custody. In many situations, it is best to politely tell police that you want a lawyer before answering any questions.

Q. What Are My Rights After Being Arrested?

A. After an arrest, you have several constitutional rights that protect you during questioning and throughout the criminal case. You generally have the right to remain silent, the right to speak with a lawyer before answering questions, and the right to be informed of the charges against you. See Miranda v. Arizona, 384 U.S. 436 (1966). You also have the right to appear before a judge within a reasonable period of time.

Q. What Happens if I Miss a Court Date or Violate Bond Conditions?

A. Missing a court date in New York can have serious consequences. The court may issue a bench warrant for your arrest. See N.Y. Crim. Proc. Law § 530.70. If you were previously released on bail or other conditions, the judge may revoke your release, increase bail, or order that you remain in custody while the case is pending.

Violating release conditions may also result in remand, meaning the defendant is held in jail until the case is resolved. Depending on where the case is pending, this could include facilities such as Rikers Island, Nassau County Correctional Center, or Suffolk County Correctional Center. In some cases, failing to appear in court may also lead to additional criminal charges for bail jumping under N.Y. Penal Law §§ 215.55, 215.56, and 215.57.

Contact the Law Offices of Barry C. Weiss, P.C.

Navigating the criminal justice system is difficult. From the moment of arrest to the final resolution of your case, each step involves legal procedures that can significantly affect the outcome. If you have been accused of a crime, it is important to speak with a qualified criminal attorney in New York as soon as possible.

The team at the Law Offices of Barry C. Weiss, P.C. has years of experience representing clients charged with serious offenses, including assault, grand larceny, sexual assault, domestic violence, drug crimes, firearm offenses, and other felonies and misdemeanors. We understand what is at stake and are committed to protecting your rights at every stage of the process.

To schedule a free, no-obligation consultation, contact us at 212.785.1300.We represent clients throughout New York City and the surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, Suffolk County, and Westchester County.