Defense Attorney in NYC

At The Law Office of Howard H. Weiswasser in New York City, Defense Attorney Weiswasser guides each client through the criminal case from the initial arrest to plea bargaining and beyond. Here, we have answered some of the most frequently asked questions about the criminal defense process.

What Is the Role Of a Judge In a Criminal Trial?

In a criminal trial, the judge controls all legal proceedings that occur in the courtroom. In addition to determining what evidence is admissible, the judge will rule on preliminary matters and discovery issues.

What Is the Role Of the Jury In a Criminal Trial?

The jury considers all aspects of the case in order to come to a unanimous decision. Once they reach a verdict, they present it in court. If the verdict is not guilty, the proceedings are over; however, if the verdict is guilty, the defense may file an appeal.

How Can an Attorney Help With Plea Bargaining?

Negotiating a plea is challenging, and if a defendant attempts to do so alone, it could result in harsher penalties than those that are actually deserved. A criminal attorney can help the defendant make the most favorable plea bargain possible given the circumstances.

What Happens If I Am Arrested for Breaking a Law?

If you are arrested, you are kept for an arraignment that usually occurs within 24 hours of the arrest. The arraignment is held before a judge, who formally tells the defendant the offense with which he or she is being charged. If the defendant is denied bail or cannot post bail, he or she may be incarcerated pending appearance in court. If bail is posted, he or she will remain free pending subsequent court appearances.

When Are the Police Required To Read Me My Rights?

The police are required to tell a suspect his or her rights when they plan to conduct a custodial interrogation. These rights are knows as the "Miranda rights." They are as follows:

You have The Constitutional Right To Remain Silent
Anything You Say Can Be Held Against You In the Court Of Law
You Have the Right To Legal Counsel
If You Cannot Afford a Lawyer, One Will Be Appointed for You
You May Have a Lawyer Present During Interrogation

To invoke your Miranda rights, you must clearly and unequivocally say "I want a lawyer, I have nothing to say without a lawyer"