Common Questions About NY Criminal Defense

Get answers to the most common questions about criminal defense in NY and NJ from The Gallucci Law Firm.

Criminal Defense – Frequently Asked Questions

At The Gallucci Law Firm, we understand that being in the midst of legal troubles can be extremely stressful. Many people find themselves with questions about the process, from their arrest to their trial. We are happy to provide answers to some of the most common questions about criminal defense, along with important details you should know that can help you throughout the arrest and trial process. Learn more below about what you can expect if you are facing a legal issue in NY or NJ, and how The Gallucci Law Firm can help you during this uncertain time.

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What do I do when I or a loved one gets arrested?

If you or a loved one is arrested in NY or NJ, you must invoke your right to remain silent. This ensures that no incriminating statements are made that could be used against you in court. You should not speak to the police and instead contact this office immediately. No decisions should be made during this time without a lawyer.

Does a person have to speak to the police after being arrested?

No! You have your Miranda rights to remain silent. The right to remain silent is meant to protect the person who was arrested, by helping them avoid making self-incriminating statements. Police are required to inform a person of their Miranda rights both when they are in custody and before they are questioned.

What if the officer did not read my rights?

That would depend on whether you were interrogated or not. This is a very tricky area of law where you need an experienced lawyer to counsel you. 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.

What happens after a person is arrested?

After a person is arrested in NY or NJ, they are brought to the precinct they were arrested in for arrest processing. 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.

What is an arraignment?

An arraignment is your first appearance before a Judge, where you are formally given your charges and where bail is set. I cannot emphasize enough how important it is for you to have a lawyer at this stage. This is also the time where you will answer the charges by telling the court whether you plead guilty or not guilty. What happens after your arraignment depends on the crime you are charged with and how you plead.

What is the difference between a felony and a misdemeanor?

Felonies and misdemeanors are distinguished by the severity of the offense committed. Common misdemeanors include shoplifting and vandalism, while common felonies include murder, homicide, robbery, and embezzlement. Those charged with a felony can serve a year or longer in jail, while a misdemeanor often results in a jail sentence of a year or less. Read our misdemeanors vs. felonies blog to learn more.

I have been told that there is a warrant out for my arrest. What should I do?

If you learn that there is a warrant out for your arrest, you should contact this office immediately so we can arrange a voluntary surrender and start to invoke your constitutional rights. 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.

If I plan on pleading guilty, do I still need a lawyer?

Absolutely! An experienced criminal defense lawyer can minimize and mitigate your exposure. 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.

Should I represent myself in a criminal case?

Representing yourself in a criminal trial is extremely inadvisable. Those who choose to represent themselves rarely have the knowledge needed to produce a positive outcome, and often make self-incriminating statements. A lack of courtroom experience and a bias from lawyers and judges leads to a higher chance of getting convicted. You must seek the assistance of an experienced legal advocate who can properly navigate the legal process. 

Does everyone who is convicted go to jail?

No – there is a wide range of penalties for all manner of criminal offenses. 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.

What should I expect from a good criminal defense attorney?

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 also specialize in various areas of criminal law, from minor offenses to more severe felonies. This ensures that your case will be handled properly and that the proper techniques can be utilized in your defense.

How should I prepare for my consultation with The Gallucci Law Firm?

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 documents from the court or police. You should also bring a list of any questions or concerns you have.

What areas of criminal defense does Mario Gallucci specialize in?

Mario Gallucci uses his extensive experience in criminal defense to craft personalized strategies for each client he works with. He specializes in a wide range of areas of criminal defense, including:

Where Does The Gallucci Law Firm Provide Criminal Defense in NY and NJ?

Those seeking legal assistance for criminal offenses in New York and New Jersey can trust The Gallucci Law Firm to put their case first. We are proud to provide legal support in Staten Island and the following areas in NY and NJ:

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