Frequently Asked Questions About Criminal Defense in Queens, NY
What should I do first if I am arrested in Queens, NY?
Remain calm, avoid making statements about the allegations, and ask to speak with an attorney. What you say to law enforcement may potentially be used as evidence. If you need a criminal defense attorney after an arrest in Queens, call Grauman Law P.C. at 347-620-2865.
Do I need a criminal defense attorney before my arraignment?
You have the right to legal representation during a criminal case, including at arraignment. Speaking with an attorney as early as possible can help you understand the charges, your rights, and issues that may arise at the first court appearance.
Where are criminal cases heard in Queens?
Queens Criminal Court is located at 125-01 Queens Boulevard in Kew Gardens. It handles misdemeanors and lesser offenses as well as arraignments and preliminary proceedings involving felony charges. Felony prosecutions may proceed in Queens Supreme Court, Criminal Term, which is also located at the Queens Boulevard courthouse complex.
What is the difference between a misdemeanor and a felony in New York?
A felony is an offense for which a sentence of more than one year of imprisonment may be imposed. New York felonies are classified from Class A through Class E, with Class A offenses generally carrying the most serious potential penalties. Misdemeanors are lower-level crimes for which the authorized jail sentence does not exceed one year.
Can criminal charges be dismissed in New York?
Some criminal charges may be dismissed, but whether dismissal is possible depends on the evidence and legal issues involved. A defense attorney may examine whether evidence was obtained unlawfully, whether witnesses can reliably support the allegations, whether prosecutors can prove the required elements of the offense, and whether other grounds exist to challenge the case.
Can a felony charge be reduced to a misdemeanor?
In some cases, felony charges may be reduced through negotiations or other developments in the case. Whether that is possible depends on factors such as the specific offense, evidence, criminal history, prosecution position, and circumstances of the arrest. A reduction is never automatic or guaranteed.
What happens at an arraignment in Queens Criminal Court?
An arraignment is generally the defendant's first court appearance after charges are filed. The defendant is informed of the allegations and enters a plea. The judge may also address release conditions, orders of protection, and other immediate issues before scheduling additional proceedings.
Should I talk to the police if I know I am innocent?
You should consider speaking with an attorney before answering questions about a criminal investigation. Even when someone believes an explanation will clear up the situation, statements may be misunderstood, challenged, or used as evidence. A lawyer can advise you about how to protect your rights before an interview or interrogation.
Can a lawyer help if I am under investigation but have not been arrested?
Yes. Criminal defense representation does not necessarily begin only after an arrest. An attorney may be able to communicate with investigators or prosecutors, advise you before questioning, help preserve relevant evidence, and prepare for possible charges. If you believe you are under investigation in Queens, contact Grauman Law P.C. as early as possible.
What should I look for when hiring a criminal defense lawyer in Queens?
Consider the attorney's criminal defense background, familiarity with New York criminal procedure, ability to handle the type of accusation involved, communication style, and approach to case preparation. You should also use the consultation to ask who will handle your case, what happens next, and what defense issues should be investigated.
How much does a criminal defense attorney in Queens cost?
Criminal defense fees vary depending on the seriousness of the charges, complexity of the evidence, anticipated court proceedings, and whether the case proceeds toward trial. The most reliable way to understand potential legal fees is to discuss the particular case directly with the law firm.
How quickly should I contact a criminal lawyer after an arrest?
As soon as reasonably possible. Early representation can give an attorney more time to review the allegations, advise you about communications with law enforcement, examine evidence, identify witnesses, prepare for court, and determine which defense options may be available. Call Grauman Law P.C. at 347-620-2865 or request a consultation online.