New York Criminal Defense Lawyer
New York criminal defense attorneys at Joseph Potashnik & Associates PC help clients accused of crimes in the New York City area. We have over 75 years of combined criminal defense experience and we have handled thousands of criminal cases and tried over a hundred jury trials. We appear routinely in NYC criminal courts and we represent clients charged with all misdemeanors and felonies as well as individuals and businesses investigated by law enforcement pre-arrest.
At Joseph Potashnik & Associates we take our job as criminal defense lawyers very seriously. We understand how much is at stake. We also understand that most of our clients never dealt with the legal system, let alone criminal justice system and many of our clients are intimidated by complex and unfriendly criminal justice procedures. In fact, we have seen numerous clients who were completely “lost in the system” before they came to us. Knowing that, we strive to do the best we can in each and every case while trying to alleviate our clients’ stress and fears. We are not the kind of attorneys who will sugarcoat the problem and tell the client what they want to hear. We don’t make empty promises to get more business. Instead, we offer an honest and realistic outlook and provide practical solutions to even the more complex problems.
Over the years, we have built a solid reputation amongst clients, colleagues, prosecutors, and judges. If you or your loved ones are in need of experienced and compassioned New York criminal lawyer, we encourage you to look up our reviews and give us a call to see what we can do for you.
What types of criminal cases we handle
We provide first-class defense to clients accused of a broad variety of criminal offenses including white-collar and financial fraud crimes as well as healthcare crime, violent crimes, sex crimes, and other offenses, Here are some of the examples of the cases we handle:
- Financial fraud
- Healthcare fraud
- Insurance fraud
- Medicaid and Food Stamps fraud
- Tax fraud and evasion
- Sex Crimes
- Enterprise Corruption
- Computer-related crimes
- Bribery and public integrity
- Drug crimes
- Violent crimes
We represent public servants such as police officers, corrections officers, teachers, and government employees against criminal charges related to their professional activities.
We also represent licensed professionals against disciplinary and criminal charges.
Our attorneys are experts on dealing with non-citizen clients who face immigration consequences as the result of their criminal issues. We have an experienced immigration attorney on staff who works with our criminal attorneys to provide guidance on the best approach in cases where clients may be having immigration problems.
Criminal Investigations in New York
While we certainly provide competent and aggressive representation after the arrest, one of our strengths is in providing just as effective representation during criminal investigations. In fact, we were able to prevent criminal prosecution in many of the criminal investigations we handled.
If you are under investigation, you should remember that you must never discuss the case with detectives or investigators before speaking with an attorney. There are many important reasons for that, and you can learn about these reasons in this video.
Remember, you don’t have to speak with police. Always be polite and ask to speak with an attorney – you will be glad that you did.
Criminal Process in New York
When a person is arrested in New York City, the arresting officers first need to book the person and process the arrest. You will be taken to the local precinct (or the DA Detective Squad quarters if you were arrested by the DA Detective’s Squad) and fingerprinted and photographed. The police will check you for outstanding warrants before taking you to court.
The Desk Appearance Ticket (DAT)
In some less serious cases the police may decide to issue you the Desk Appearance Ticket, a summons directing you to appear in court on a certain date instead of driving you to the Central Booking to face the judge on the day of arrest. The desk appearance tickets are usually issued in shoplifting cases as well as some of the other non-violent and low-level crimes.
Central Booking and Arraignment
In most cases the police will take the arrested person to Central Booking, the holding facility by Criminal Court. The person will spend the next 20 or so hours in Central Booking while the line of cases is moving slowly to the criminal court judge in the arraignments part. In New York the law requires all new arrestees to be arraigned within 24 hours of the arrest. Arraignment is the process when the accused is officially presented before the judge and charged with the crime. The question before the arraignment judge is whether to set bail or release the person on his own recognizance (ROR). That depends on the severity of the crime charged, the defendant’s criminal history, flight risk, danger to the community if the defendant is released, and other factors. In more serious and violent crimes judges may set higher bail while in non-violent and less serious crimes judges tend to release defendants more often. Assuming the bail is set, the defendant’s family will either post it immediately or the defendant will be remanded until the bail is posted or until the family finds a bondsman who will post bail.
The bail issue may become complicated if the defendant is charged with drug sales or financial fraud involving significant amount of money. The DA may ask the judge to hold the defendant in jail until a special hearing is held, called a bail sufficiency hearing, in which the court determines the source of the bail funds to make sure it is legitimate.
Grand Jury, Criminal Court, and Supreme Court
In New York, Criminal Court has jurisdiction over most cases when they begin, both misdemeanors and felonies. So, most criminal cases actually begin in the Criminal Court. Many cases end there if the defendant pleads guilty or the case is dismissed at an early stage. For a case to go to trial, the prosecutor must first present the case to grand jury. The Grand Jury hears the evidence from the prosecutor and decides whether to allow prosecution of the crime based on the evidence presented to it. In grand jury proceedings, there is no judge supervising the process and no defense attorney. In most cases, there is no defendant, too. The prosecutor alone instructs the grand jurors of the law and presents evidence. No wander most defendants whose cases are presented to grand jury are indicted. If the grand jury decides that there is enough evidence to believe that defendant committed the crime, it will return indictment. The case will then be transferred to the Supreme Court and will be assigned to a Supreme Court judge who will oversee it until the case is over.
New York Felony Defense Lawyers
No one wants to be arrested, and being charged with a felony can be terrifying. Dealing with the criminal justice system can be a challenge for some, but a good lawyer can explain how the entire process works. Many don’t know who they are going to turn to, and they aren’t sure what the future is going to hold. A felony is very serious charge than can lead to prison time and have a serious mark on their records forever. A felony on the criminal record can make it hard to get a job, and harder to carry on with life long after the incident.
Those who are charged with a felony in New York should contact criminal defense lawyers with Joseph Potashnik and Associates PC right away. We are New York’s premier criminal defense firm and we have been handling all types of felony cases for over 75 years combined. Our lawyers know the criminal system process, and will break it down to make it easy for people to understand. Our defense lawyers will protect the rights of the accused, and give them the best possible defense against the crime. From looking at all the evidence of the crime itself, to considering various legal avenues, the attorney will get the best possible outcome for anybody charged with a crime.
Many don’t realize that once they’ve been convicted of a felony they lose many rights, including the right to vote or own a firearm. In some cases, those who have a felony on their record may not even be able to do something as basic as open a bank account or get certain types of loans. For those who value these rights, it can be tragic to lose them because they have been convicted. In some cases, a criminal attorney may be able to reduce the charges against this person, and allow them to have a less severe mark on their record like a misdemeanor. In some cases, lawyers may be able to produce evidence that could end in all of the charges being dropped.
In the case that the felony charges go to trial, having a good attorney is critical. They will come up with the best possible defense against these charges, and explain the process throughout to their client. They will make it easy to understand what is happening, and give their legal advice as to how to handle the case going forward. These lawyers will treat their clients like family, which gives them a safe place to turn to during this frightening time in their lives. This is why it is important to work with an experienced criminal defense attorney and you will find such attorneys at Joseph Potashnik and Associates.
Many don’t realize that there are varying types of felony charges. As they get more severe, they are classified differently. A lawyer will be able to explain the differences here, and may be able to help people reduce the charges to a less severe felony in some circumstances. In other instances, they may be able to get the charges taken from a felony all the way down to a misdemeanor or perhaps even lower. This may make it easier for people to get a job in the future. Getting sent to jail is something that everybody wants to avoid, so choose the best lawyer who can provide the most compelling defense.
Getting charged with a crime is scary and dealing with the criminal justice system can be confusing. Call a lawyer who is committed to protecting the rights of their clients, and to treating them like family. Don’t leave this to chance, as even after jail time has been served the mark of a felony can last for a lifetime. Don’t spend time wondering what the future is going to hold, call a lawyer who will work tirelessly to get the best possible results for each and every one of their clients.
At Joseph Potashnik and Associates, we understand the criminal justice system and we know what to do to get you the best possible result. If you or your loved one has been accused of a crime in New York, call our NYC criminal lawyers today to set up an immediate consultation.