Misdemeanor criminal offenses often carry potential financial penalties, jail time and other repercussions. Many who are charged wrongfully assume that there is nothing that can be done to challenge the charge. In every misdemeanor case, the prosecution must be able to prove all elements of the offense beyond a reasonable doubt. All persons are presumed to be innocent and are not guilty until proven otherwise. Criminal cases also often involve issues related to specific constitutional rights. If the police fail to adhere to certain constitutional procedures, then evidence may be excluded and the case possibly dismissed. Anyone in New York City who has been charged with a misdemeanor, regardless of whether you believe you are guilty or not, should contact NYC Misdemeanors Lawyers to learn what options and defenses may apply to your situation.
If you were pulled over or otherwise detained by the police and misdemeanor charges later arose, the prosecution must be able to show that the stop or detainment was valid. Typically the prosecution must be able to show that there was reasonable suspicion of a violation of some law, including minor traffic infractions. The police cannot simply stop or detain someone without a legitimate reason. NYC Misdemeanors Lawyers will be able to analyze your case to determine whether the police lacked the sufficient reasonable suspicion for the stop. If there are issues with the stop, an attorney can file a motion with the court to suppress all evidence obtained as a result of the stop. If the motion is successful, this could result in complete dismissal of the misdemeanor charge.
In any case where you or your property are searched, the police must have a warrant or a sufficient reason for the search. Sometimes the police fail to obtain a warrant and the circumstances do not justify a search. If a search is not valid, then any evidence obtained as a result of the search cannot be considered in your case. In some cases, even if the police have a warrant, you can challenge the validity of the warrant. All warrants must be supported by probable cause. If a warrant is shown to lack probable cause or is otherwise not valid, then you can also request exclusion of the evidence obtained from the warrant. NYC Misdemeanors Lawyers will know what to look for to identify illegal searches or faulty warrants.
Almost everyone is familiar with Miranda rights. The Miranda rights must be given to anyone who is interrogated by the police in a custodial setting. If the police fail to read the Miranda rights, or fail to honor any requests you make to invoke those rights, then you can request that the evidence obtained from failure to comply with Miranda be excluded. This includes your own statements or evidence obtained from statements you make. If a misdemeanor case relies, even in part, on information obtained in violation of Miranda rights, then an attorney can help you raise the issue and exclude the applicable information.
The prosecution is required to disclose all information about your case, including any evidence that may be pertinent to your defense called “exculpatory” evidence. Many who are charged with misdemeanors fail to review the evidence in their case and thus miss out on the opportunity to identify and present defenses. NYC Misdemeanors Lawyers will know how to request and obtain information held by law enforcement and the prosecution. This will allow you to be more informed about the accusations made against you. An attorney will be able to identify potential defenses and errors committed by the police.
Quite often in misdemeanor cases, plea bargains can be negotiated to fashion a particular sentence or reduction in penalties. If it appears that you do not have a valid defense to your case, an attorney will be familiar with the common types of plea bargains applicable to your specific charge. An attorney may be able to negotiate a less severe punishment or a sentence fashioned to consider your particular circumstances.
All misdemeanor offenses include penalties, many of which are not always obvious. For instance, some driving-related offenses may have an impact on your driver’s license or insurance. Also, some offenses may have an adverse impact on gun rights or your employment in certain fields. Some individuals accept plea agreements or plead guilty and later learn that there are other consequences related to the conviction. An experienced criminal defense attorney will be able to advise you of all penalties associated with the charge, including those consequences that are not always obvious. Most experienced attorneys will know what types of sentences are applied to certain charges, so you have an idea of what to expect if you are convicted or accept a plea agreement.
If you cannot negotiate a fair settlement of your case or you have a valid defense, NYC Misdemeanors Lawyers can represent you at trial. Misdemeanor trials are subject to a variety of complicated rules and procedures. Those who represent themselves are often overwhelmed by the process and they miss out on important opportunities to raise issues. An experienced attorney will not only know how to comply with the rules and procedures, but will also know how to require the prosecution to comply with the same. This includes raising the proper and necessary objections to prevent certain evidence or arguments from being considered in your case.
Experienced NYC Misdemeanors Lawyers will be able to create a defense strategy that factors into it your particular circumstances and the facts of your case. By developing a plan, you will likely have fewer questions throughout the process and will better know what to expect. If you have been charged with a misdemeanor offense, assistance from NYC Misdemeanors Lawyers is essential to ensure that your rights have not been violated and that you have an advocate to inform and defend you throughout the process.