Long Island Criminal Defense Attorney
The criminal justice system is frightening and confusing. If you are accused of a crime or charged and arrested, you have questions. We can answer them. An allegation of criminal activity can potentially ruin your life.
You will need a criminal defense attorney to navigate through the process. Going alone can be a bad idea because you do not know the law. Do not wait to contact us at the Brill Legal Group if you are accused or charged with a crime. The sooner we get working to defend you, the better the outcome.
Our criminal defense abilities are diverse, and we offer intelligent, aggressive strategies without any judgment. We defend individuals accused of violating parole, union members, people dealing with bench warrants in New York, students faced with criminal inquiries, licensed professionals, or administrative disciplinary hearings.
What Does A Criminal Defense Attorney Do?
Criminal defense attorneys are your first line of defense if accused or charged with a crime. Here are just some of the things we do for you:
- Investigate witnesses
- Analyze prosecution arguments thoroughly
- Assess the best possible sentencing scenario
- Plan the best legal strategy
- Pour over search and seizure practices
- Interview witnesses
- Question witnesses
- Track down all available evidence
We use every means possible to protect your freedoms and rights. We thoroughly investigate your situation to build a compelling case for your innocence. We may negotiate with prosecutors for a deal if that best suits your situation that may result in a reduction of charges, bail, or other sentencing options. If an advantageous exchange is not possible, we represent your best interests in court. We explain how your case progresses, guide you through each step, and build the most robust defense possible.
Cases We Handle
The area of criminal defense law we work in includes:
- White-collar crimes, theft and fraud, misdemeanor and felony fraud, embezzlement
- Misdemeanor charges
- Juvenile crimes
- Trials, hearings, or arbitrations in Long Island, New York City
- Internet crime, computer crimes
- Domestic violence, alleged assault, menacing with a weapon, or criminal contempt
- Sex crimes
- Drug crimes
- International, federal crimes
- Violent crimes and weapons charges
- DUI/DWI – including aggravated DWI or refusal to take a breathalyzer test
- Conceal prior criminal convictions
The Brill Legal Group has offices in Hempstead, Manhattan, Hauppauge, and Hamptons. We practice in federal and state courts in Suffolk County, Nassau County, Queens County, Kings County, Bronx County, and New York County.
Do I Have Miranda Rights?
Yes, you do have Miranda Rights. However, the warning language was changed by the U.S. Supreme Court in 2010. At one time, suspects refused to acknowledge their rights, thinking it would help them get charges dropped.
The Supreme Court said refusing to sign a Miranda Warnings card indicated the suspect was waiving their rights if one is offered. You do not want to do this. By not signing a rights statement, an individual was waiving their rights. As a result, incriminating statements were admissible at trial. (Berghuis v. Thompkins, 560 U.S. 370)
The Miranda warning must be read to every suspect by the police before being interrogated or arrested. Be aware that statements can still be used against the accused in some situations. For example, if you willingly make a statement to the police implicating yourself in a crime, police can question you. While they still read the Miranda warning, anything you said before the warning can be used against you.
Additionally, the Miranda warning states that a person can invoke their right to remain silent “at any point,” even if previously agreed they would speak to law enforcement. If that happens, an individual can stop all questioning by asking for a lawyer.
The Miranda Warnings include:
- The right to remain silent
- Understanding any statements made may be used against you in court
- The right to consult a lawyer and have the lawyer present during questioning
- The right to have a lawyer appointed to represent you free of charge
When you are reading your Miranda Warning, your best course of action is not to talk. Give your name and ask for a criminal defense attorney. You may be repeating that over and over should questioning continue.
Can I Be Released Without Bail?
There are various possibilities relating to bail situations. Largely, whether or not you can be released without bail depends on the circumstances of your case. We are always with you in this situation and make sure you get the best deal possible.
You could be released under your recognizance. Some individuals are released without having to post bail. Own recognizance (OR) means you sign a statement that you will appear in court on your scheduled date. If you sign that agreement and comply with other stipulations ordered by the court, you can usually go home quickly.
Keep in mind that the judge determines if you may be released without posting any bail. However, you can do some things in your favor. Having a criminal defense attorney helps, as they make the arguments why you should be released OR. Being released OR usually means the charges are not too severe, and you are not regarded as a flight risk. Other things, such as whether or not you have a previous record, may also be a factor.
Many OR releases come with stipulations, such as not consuming alcohol until a trial is over, regularly checking in with a probation officer, and surrendering your passport if you have one. Although you may be released, this is not a get out of jail free opportunity. You must still prove you are innocent and not violate any release conditions. If you violate any of the release conditions, you can find yourself in jail with a high bail.
What Is Bail?
Bail means paying the court a certain amount of money to secure a release from jail. The defendant must secure funding to cover the amount when bail is set. When the court receives the funds, the defendant leaves prison until the next mandated court appearance.
Bail typically comes with conditions. For instance, if the court says the defendant may not leave the state, a bail revocation may occur if the defendant crosses state lines.
Bail may be low or high or, in some instances, denied. The court considers the nature of the crime and whether or not the defendant is a flight risk. Criminal defense attorneys can negotiate with the court on bail amounts. Retaining an experienced criminal defense attorney is in the defendant’s best interests.
Bail is a bond refunded when the defendant does all the court has asked them to do. Bail bonds are not fines. Bail is refundable. Punitive fines are not.
Do I Need a Long Island Criminal Defense Attorney If I Was Charged With A Crime?
Being charged with a crime may cost you your freedom. It is vitally important to call a criminal defense attorney as soon as possible. This applies even if you only suspect you may be charged with a crime. The earlier you have a criminal defense attorney on board, the more they understand your situation and can marshall strategies to assist you.
There may be some situations where your criminal defense attorney cannot stop the prosecution from filing a charge. However, your attorney can and does make sure you completely understand the costs and how they affect you. This means discussing possible defense strategies and going over the possibility of a plea bargain.
What Is An Arraignment?
An arraignment is a courtroom proceeding where you are formally charged with a crime. It is concerned with getting all charges on record. This process allows the accused/defendant to hear the formal charges. The charges are read, and the judge asks the defendant if they have a criminal defense lawyer. If not, one is appointed.
The defendant is asked to enter a plea to the charges. The plea can be guilty, not guilty, or nolo contendere (no contest) and waives the right to a trial. Arraignment ends with setting dates for future hearings, preliminary hearings, and pre-trial motions. Depending on the bail situation, a defendant may go home or be taken back to jail.
Do I Accept A Plea Bargain?
It would be best if you determined what is in your best interest. By speaking with a skilled Long Island criminal defense attorney, your attorney can determine if a plea deal involving jail, other penalties, money, or other forms of restitution is worth considering. If you accept a plea bargain, you waive your right to an appeal, no matter what. Use extreme caution in evaluating a plea bargain, as other alternatives may be more beneficial.
Contact the Brill Legal Group Today
Being charged with a criminal offense is not a walk in the park. You need a seasoned Long Island criminal defense attorney by your side to make the best of a bad situation. The Brill Legal Group has a solid track record in delivering exemplary results for clients.
Every year since 2012, Super Lawyers has recognized Peter Brill as one of the top criminal defense practitioners in the New York metropolitan area, a rare distinction. He has also been recognized as one of the Top 100 Trial Lawyers in the New York area by the National Trial Lawyers organization.
Approximately three percent of American lawyers are board-certified, and Peter Brill has proven competence in his specialty area and earned board certification.
Were you charged with a crime? Think you may be charged with a crime? Do not wait. Call us today. We’ve got your back.
Contact us today for a free consultation. We are available 24 hours a day, 7 days a week, and 365 days a year. 888-315-9841