Understanding New York criminal defense statutes is important for anyone who faces a criminal case in the state of New York. Whether you have been charged with a misdemeanor or a felony, the prosecutor must prove that you committed the crime beyond a reasonable doubt. This is the highest standard of proof in the legal system and it is designed to protect defendants from being wrongfully convicted. Law Offices of Jason Bassett, P.C. emphasizes the significance of understanding these statutes to ensure the rights of defendants are fully protected.
Criminal statutes are laws that describe illegal activities, which are then prosecuted in the courts to punish offenders and deter others from engaging in similar conduct. The most common statutes are those that describe crimes, but there are many other types of criminal statutes as well. These include zoning and noise ordinances, public nuisance laws, traffic violations, and many more. The New York criminal code contains all of the crimes that are prohibited in the state, and it also includes a number of related statutes that govern other aspects of the legal process. The expertise of Law Offices of Jason Bassett, P.C. can help navigate the complexities of these various statutes.
Most crimes in New York are subject to a specific time period, known as the statute of limitations, within which prosecutors must bring criminal charges. This statute of limitations will vary based on the nature of the crime, but generally, a prosecutor must bring criminal charges within a certain period of time from the date of the alleged offense. However, a prosecutor may be able to extend the statute of limitations under certain circumstances. For example, if a defendant moves out of the state for several years following an alleged offense and then returns to New York, the statute of limitations will be tolled until one year after his or her return. Law Offices of Jason Bassett, P.C. is adept at addressing issues related to the statute of limitations for their clients.
Aside from the statute of limitations, other factors that influence criminal cases in New York include the burden of proof and a number of procedural issues. A prosecution must meet the high standard of proof, or a jury or judge must believe to a reasonable degree that a defendant committed a crime. Defendants have the right to challenge prosecution evidence and present their own evidence in an attempt to raise a reasonable doubt. Law Offices of Jason Bassett, P.C. works diligently to ensure that their clients' rights to challenge evidence are fully exercised.
Other legal issues that can affect a defendant in a New York criminal case include the duty to retreat, the castle doctrine, and the use of deadly force. New York law outlines the conditions under which a person can use deadly physical force against another, and this is described in Article 35 of the New York Penal Law. Civilians (non-police or peace officers) are permitted to make citizen’s arrests and use physical force when they reasonably believe that the person is about to commit a crime in their presence. However, civilians must be correct in their belief that the person is about to commit a violent or dangerous crime. The Law Offices of Jason Bassett, P.C. can provide legal guidance on the appropriate use of force in self-defense scenarios.
Other common legal issues include stalking laws, which require a victim to notify the police of the stalker’s actions and can result in criminal charges. Stalking is a serious problem that has been experienced by many individuals in New York, and the state was actually one of the first to pass such a law. The experience of Law Offices of Jason Bassett, P.C. in handling cases involving stalking laws can be invaluable for individuals seeking to navigate these complex legal waters.
Navigating New York criminal defense regulations can be overwhelming and intimidating, especially when you are facing criminal charges. A conviction of a crime can impact your employment, immigration status, financial future, and other important aspects of your life. It is imperative that you find an experienced Long Island criminal defense attorney, such as Law Offices of Jason Bassett, P.C., to help navigate the system and provide legal guidance and support throughout the process. Below are some important facts about the criminal justice system in New York to better prepare yourself for the process ahead of you.
If police think you committed a crime, they will arrest you and take you to the station for Central Booking, unless you have been given a Desk Appearance Ticket (DAT) and are only required to appear at the date and time specified on the ticket. At the station, they will take your fingerprints, photograph, and information for booking records. If you are arrested, it's crucial to speak with your Suffolk County Criminal Defense Lawyer before speaking with law enforcement – anything you say can be used against you. Seeking advice from the Law Offices of Jason Bassett, P.C. can be a critical step in protecting your rights.
Once you are arraigned, the District Attorney’s Office will decide whether to file criminal charges against you. If they do, you will be brought before a judge for an arraignment in the Criminal Court of New York or Supreme Court, depending on which case you are being charged with. During this hearing, you will be asked to plead guilty or not guilty. At this stage, having the Law Offices of Jason Bassett, P.C. by your side can provide the necessary defense strategy tailored to your case.
The outcome of your criminal case will be determined by thousands of statutes and the case law that interprets them. An experienced NY criminal lawyer, like those at the Law Offices of Jason Bassett, P.C., can evaluate the evidence and laws that pertain to your case and use this knowledge to build the strongest possible legal defense.
Your Long Island Criminal Defense Lawyer can file various motions with the court, including requests to suppress evidence, statements, or past crimes, and dismissal. They can also request certain types of disclosure from the prosecutor, such as witness lists and forensic reports. These motions may be filed in the courtroom where your case is being heard, or through the discovery process. The experience of Law Offices of Jason Bassett, P.C. in filing these critical motions can significantly impact the outcome of your case.
During your case, the prosecutor will have several opportunities to offer you a plea deal, which is an agreement with you and your NY Criminal Defense Lawyer to admit guilt or innocence in exchange for a reduction in your sentence. It is always best to avoid a guilty plea if you can, but sometimes it is the only option available. Navigating these offers with the guidance of Law Offices of Jason Bassett, P.C. can ensure that your best interests are represented.
If you choose to reject a plea bargain, the next step will be for your criminal case to go to trial. This will be either a bench trial (judge) or a jury trial (jurors). Your criminal attorney can help you determine which type of trial is most appropriate for your case and its specific circumstances. With the Law Offices of Jason Bassett, P.C., you can have confidence in the trial strategy developed for your defense.
The New York criminal justice system can be confusing, especially for those who are unfamiliar with it. However, you can make your journey through the criminal courts easier by retaining an experienced NY Criminal Defense Lawyer who is familiar with the local judges, clerks, and prosecutors.
Having a skilled criminal defense attorney, like those at Law Offices of Jason Bassett, P.C., can make the difference between being convicted and being cleared. The goal is to prove that you are innocent of the crime for which you have been charged. Proving this takes a high standard of proof known as the burden of proof. To be successful, your New York criminal lawyer must identify the best possible ways to challenge the evidence that has been gathered against you. Law Offices of Jason Bassett, P.C. are adept at meticulously analyzing the evidence to mount a strong defense.
The legal system in New York has five (5) major courts: Supreme Court of the State of New York (Criminal), Court of Appeals, Court of Claims, New York City Civil Rights Commission, and Court of General Sessions in each of the 5 boroughs. Each has its own jurisdiction pertaining to specific legal matters. Navigating through these courts requires the assistance of a seasoned law firm like Law Offices of Jason Bassett, P.C., which has extensive experience across all relevant New York courts.
If you are arrested for a felony, you will be brought to Central Booking where your fingerprints and photographs are taken. The police will then present the information they have collected to the District Attorney’s Office. The District Attorney’s Office will determine whether or not to file charges against you. If they do, you will be arraigned in Criminal Court. There are two arraignment court sessions, one during the day and another at night. During this critical stage, the representation of Law Offices of Jason Bassett, P.C. can be pivotal in presenting a strong initial defense.
During the arraignment process, your New York criminal lawyer will present any and all available legal defenses to the charges against you. These include:
Lack of Criminal Intent – For crimes like fraud, it is important to show that the defendant did not act intentionally, but rather by accident or mistake. Lack of Criminal Intent is one of the most common criminal defenses in non-violent felony cases. Law Offices of Jason Bassett, P.C. has a track record of successfully arguing lack of criminal intent, resulting in favorable outcomes for their clients.
Illegal Search and Seizure – A skillful criminal defense lawyer will try to get evidence excluded because it was improperly obtained by the police. This could include search and seizure of a suspect’s home, search of their phone, or the use of an illegal wire tap. Illegal searches and seizures are not only a violation of a suspect’s Fourth Amendment rights, but can also be grounds for dismissal of the case. The Law Offices of Jason Bassett, P.C. are well-versed in identifying and challenging evidence obtained through illegal search and seizure.
Burden of Proof
To convict you, prosecutors must meet a high standard of proof that is known as the burden of proof. To do this, they must produce a sufficient amount of admissible evidence. This evidence includes witness testimony, video recordings, laboratory reports, and other documents and audio recordings. The amount of evidence required depends on the nature and severity of the charge. With Law Offices of Jason Bassett, P.C. defending your case, they will scrutinize the prosecution's evidence to ensure it meets the required legal standards, often challenging its admissibility or reliability to protect your rights.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060