Common Questions About NY Criminal Defense

If you or a loved one is arrested in NY or NJ, the most important thing you can do is to remain calm and invoke your right to remain silent. This ensures that no incriminating statements or misinterpretations are made that could be used against you in court. You should not speak to the police, even if they seem friendly or try to reassure you, and instead contact our office immediately. No decisions should be made without a lawyer present. An experienced criminal defense attorney like Mario Gallucci can help you understand what’s happening and will work to protect your rights from the very beginning of the legal process. Legal guidance during the early stages of a criminal case can have a major impact on the outcome of your case and trial.

No! After being arrested, you have the constitutional right to remain silent, and you are under no obligation to answer any questions from the police. This right is protected by the Fifth Amendment and emphasized through the Miranda warning. The right to remain silent is meant to protect the person who was arrested by helping them avoid making self-incriminating statements. Exercising your right to remain silent is not an admission of guilt – it is a way to protect yourself. Police are required to inform a person of their Miranda rights both when they are in custody and before they are questioned. If law enforcement continues to question you after you’ve invoked this right, their actions may be unlawful. Always wait to speak with your lawyer first.

If a person doesn’t understand their Miranda rights – either because of language barriers, cognitive disabilities, age, or mental health conditions – this could significantly affect how their statements are handled in court. Miranda rights must be clearly understood for any subsequent waiver (agreeing to talk to police) to be considered valid. If someone didn’t understand their rights and still made statements during police questioning, an experienced attorney can argue that those statements should be suppressed, meaning they cannot be used as evidence in court. This kind of nuanced defense requires the skill and experience that Mario Gallucci brings to every case he works on.

That would depend on whether you were interrogated or not. If police failed to read you your Miranda rights, it does not automatically invalidate your arrest. This is a very tricky area of law where details matter, and you need an experienced lawyer to counsel you, review the specifics of your case, and determine whether your rights were violated. In some cases, if your rights were not read to you, statements made during questioning may not be able to be used as evidence during the trial.

After a person is arrested in NY or NJ, they are brought to the local precinct or police station they were arrested in for arrest processing. This includes being fingerprinted and photographed, along with the person’s information being entered into the criminal justice system. The next steps can vary depending on the nature of the offense, the person’s criminal history, and other circumstances. This is a critical stage of the arrest process, and the advice of a lawyer is paramount. You have a right to consult with a lawyer both before and during questioning, and these rights can be exercised at any time. In most cases, the arrested person will be held after processing until their arraignment, which usually takes place within 24 hours of the arrest.

An arraignment is where bail is set and you are formally given your charges. It cannot be emphasized enough how important it is to have a lawyer at this stage. During an arraignment, you will also answer the charges by telling the court whether you plead guilty, not guilty, or no contest. Your lawyer will advocate on your behalf, argue for lower or no bail, and start building your defense right off the bat. What happens after your arraignment depends on the crime you are charged with and how you plead. The outcome of this initial hearing can set the tone for the rest of the case, so strong legal representation from The Gallucci Law Firm is crucial.

In NY and NJ, the terms “first appearance” and “arraignment” are sometimes used interchangeably, but there can be differences depending on the jurisdiction. First appearance usually refers to the very first time a defendant appears before a judge after being arrested. This is when the court may inform the individual of their charges, address bail or release conditions, and determine legal representation. Arraignment is the formal court proceeding where the charges are officially read and the defendant enters a plea. This is also when the judge sets bail and determines any pretrial conditions of release. Whether it’s a first appearance or arraignment, having a lawyer present is vital. Mario Gallucci ensures that your rights are preserved and will argue for reasonable bail or release while preparing your defense strategy.

Whether you should plead guilty or go to trial depends entirely on the details of your case, your legal exposure, and the evidence presented by the prosecution. Pleading guilty may result in a shorter sentence or lighter penalty through a plea deal, but it also means you are accepting the consequences and giving up your right to trial. Going to trial allows you to challenge the evidence, cross-examine witnesses, and present your own defense, but it comes with risks, including the possibility of harsher penalties if convicted. That’s why it’s important to consult with a skilled attorney like Mario Gallucci. He will carefully analyze the strength of the prosecution’s case, review your options, and advise you on the most strategic path forward – whether that’s negotiating for a favorable plea or fighting the charges at trial. 

Plea bargaining is a legal process in which the defendant and the prosecution reach an agreement to resolve a criminal case without going to a trial. In a plea bargain, the defendant agrees to plead guilty or no contest to a particular charge in exchange for a reduced sentence, lesser charges, or other compromises from the prosecution. While plea bargains can help the accused avoid the time, stress, and unpredictability of trial, they are not always in the defendant’s best interest. A plea deal may still result in a criminal record, restrictions on your freedom, or other long-term consequences. Mario Gallucci will analyze every offer carefully, compare it to the risks of going to trial, and negotiate aggressively for the best possible outcome. If a plea deal isn’t right for you, we’re fully prepared to take your case to trial and fight for your rights in court.

Felonies and misdemeanors are distinguished by the severity of the offense committed. Misdemeanors are less serious offenses, such as shoplifting, trespassing, and vandalism. These crimes are usually punishable by less than one year in jail, typically served in a county facility, along with possible fines or community service. Felonies, on the other hand, include serious crimes such as murder, homicide, robbery, and embezzlement. Convictions can result in at least one year in prison or longer along with other long-term consequences, such as the loss of voting rights, difficulties finding employment, and more. Read our misdemeanors vs. felonies blog to learn more.

If you learn that there is a warrant out for your arrest, you should contact The Gallucci Law Firm immediately so we can arrange a voluntary surrender and start to invoke your constitutional rights. This often leads to more favorable treatment by the court. Do not try to resolve the matter yourself, as this can lead to unintended legal consequences. You should also be sure to not make any statements to the police while in police custody, as you have your right to remain silent. Mario Gallucci will guide you through this time to ensure that all decisions made are in your best interest.

Absolutely! Pleading guilty may seem like a straightforward decision, but there can be serious and lasting consequences if the process is not handled properly. These can include fines, incarceration, loss of professional licenses, and other issues. An experienced criminal defense lawyer can minimize and mitigate your exposure if you decide to plead guilty. Your attorney can help you better understand the charges against you, as well as the collateral consequences that can accompany a guilty plea. Having the assistance and guidance of a criminal defense attorney such as Mario Gallucci during your case ensures that mitigating factors can be presented to the judge and any aggravating factors can be countered.

No. Representing yourself, also known as going “pro se,” in a criminal trial is highly risky and extremely inadvisable. The criminal justice system is very complex, and it requires in-depth knowledge, experience, and courtroom strategy that most individuals simply do not possess. Those who choose to represent themselves rarely have the knowledge needed to produce a positive outcome, and often make self-incriminating statements. Judges and prosecutors are not there to help you, and self-represented defendants are typically held to the same legal standards as attorneys. Misunderstanding a rule or making a wrong move in court can have severe consequences. A lack of courtroom experience and a bias from lawyers and judges leads to a higher chance of being convicted. You must seek the assistance of an experienced legal advocate who can properly navigate the legal process. With Mario Gallucci as your advocate, you can feel confident knowing your rights are protected and that every possible defense will be considered.

No, not all criminal offenses result in jail time – there is a wide range of penalties for all manner of criminal offenses. Depending on the charge, the circumstances of the offense, and your prior record, there are many alternatives to prison, such as:

• Probation
• Community service
• Fines and restitution
• Rehabilitation programs
• Conditional discharge

Working with Mario Gallucci ensures that you are working with an attorney who will fight for the lowest possible sentence, whether that involves jail time, fines, or another penalty.

An experienced criminal defense attorney will have the right numbers and contacts to call and invoke your rights and expedite your arrest process. They should be responsible, knowledgeable, and aggressive in protecting your rights. A good criminal defense attorney should also:

• Act immediately to invoke your rights and initiate legal protections.
• Be well-versed in both state and federal criminal law.
• Handle a wide range of cases, from minor infractions to major felonies.
• Be experienced in negotiating with prosecutors and presenting compelling defenses in court.
• Keep you informed and empowered at every stage of the legal process.

Being selective when it comes to your defense attorney ensures that your case will be handled properly using effective defense techniques. Mario Gallucci brings all of this and more, drawing from years of experience in both local and national courtrooms to give each client the strongest defense possible.

Choosing the right criminal defense lawyer can make all the difference in your case. Here’s what separates a good attorney from a bad one:

Good Lawyer:

• Has extensive experience in criminal defense.
• Communicates clearly and consistently.
• Is thorough and strategic in building your defense.
• Has strong negotiation and courtroom skills.
• Respects your time, concerns, and questions.
• Provides personalized attention and doesn’t treat you like just another case.

Bad Lawyer:

• Is hard to reach or doesn’t return calls.
• Makes vague promises or guarantees a result (no lawyer can promise a specific outcome).
• Appears disorganized or unprepared.
• Lacks familiarity with your type of case or local courts.
• Doesn’t listen to your side of the story.

At The Gallucci Law Firm, you get more than just legal representation – you gain a trusted advocate with decades of experience, a strong track record of success, and a reputation for fighting tirelessly for clients’ rights.

Your consultation with a lawyer is your chance to discuss your case, your history, and the options that are available to you. You should bring as much information about your case as possible, including court notices, arrest paperwork, bail receipts, and any communication you’ve had with law enforcement or other attorneys. Write down the timeline of events, your personal legal history, and a list of any questions or concerns you have. This will help us better understand your case and develop an effective, personalized legal strategy from day one.

Mario Gallucci uses his extensive experience in criminal defense to craft personalized strategies for each client he works with. Each case is approached with a personalized strategy that reflects the client’s needs, the charges, and the best path forward. Mario Gallucci specializes in a wide range of areas of criminal defense, including:

• Assault & Battery
• Child Pornography
• Domestic Violence
• Drug Crimes
• DWI Defense
• Federal Crimes
• Homicide
  • Vehicular Homicide
• Manslaughter
• Murder
• Sex Crimes
• Theft Crimes 
  • Petit Larceny
  • Burglary
  • Larceny
  • Robbery
• Violent Felonies