Not necessarily.  The Miranda rights or Miranda warnings, commonly referred to as your right to remain silent, protect you from making any statements that the prosecutor will use against you at trial.  If the prosecution or police are not seeking to question you or [...]

Maybe. While many cases resolve by way of a plea bargain prior to trial, in many cases there is a disagreement about what happened, or what a fair resolution would be. In these cases, the matter proceeds to a trial so a jury or judge [...]

Nothing. At a trial, the burden of proof is on the prosecutor to prove your guilt beyond a reasonable doubt. A defendant in a criminal case does not have to prove his/her innocence. In fact, the defendant in a criminal case is under no obligation [...]

Yes. If there is a person who was harmed, that person will have an opportunity to participate in the case either as a witness during a trial, or by speaking to the prosecutor’s office prior to a plea or at a sentencing. Although the victim [...]

It is important to understand that the absence of a criminal history does not change the facts of the case you and your attorney are defending. If the case is decided by a judge or jury, the verdict will be determined by the facts as [...]

In New York state, thanks to a record-sealing law passed in 2017, you are now eligible to have a broad range of convictions—felony and misdemeanor—sealed from public view after a ten-year waiting period. Sex crimes and violent felonies are excluded.

Generally, a felony is charged when the alleged conduct of the defendant is more serious. The technical distinction is one of maximum punishment. If a crime carries a maximum incarceration of one year or less, it is a misdemeanor; more than a year and it [...]

Yes. If an ongoing investigation reveals that additional charges are warranted, the police, the district attorney’s office, or a grand jury can choose to charge you with additional offenses even if you have already been charged.  It is important to avoid all actions that might [...]

In New York, felonies range from a class E felony, which is the least serious felony, to a class A felony which is the most serious felony charge you can face. Each felony level has a maximum period of incarceration. For instance, an E felony [...]

Shock incarceration is a prison alternative where eligible inmates complete a rigorous six-month program. The program consists of physical activity, discipline, rehabilitation therapy, and programming. The program is like military basic training. Click here to learn more about New York State Shock Incarceration Program. [...]