New York Criminal Defense Lawyer
When you are accused of committing a crime, you are under a great amount of stress. Your life is at stake. A criminal conviction can have a dramatic impact on your life, and you need a criminal defense lawyer immediately. You can lose your reputation, your job and, more importantly, your liberty. If you are convicted of a crime, you face fines, community service, probation, or incarceration.
A criminal case begins with an arrest. You are generally released from custody pending on a reasonable bail, or even on your own recognizance. The bail is set by a judge, generally within 24 hours from your arrest. The bail amount depends on many factors, such as the seriousness of the charges, your criminal history, and your ties to the community.
The vast majority of criminal cases result in a conviction by guilty plea. This is especially true in Federal Court, where prosecutors secure guilty pleas in approximately 98% of the cases. It is almost impossible to beat a federal criminal case, given the government’s unlimited resources.
The fact that you have been charged with a crime does not mean that you are automatically guilty. Every case presents his own set of unique facts, and prosecutors rarely have a perfect case. In almost every case, a criminal defense lawyer can make pretrial motions for suppression or exclusion of evidence. For example, the evidence against you might have been obtained in violation of your Constitutional rights, such as through an illegal search or a coerced confession.
Suppression of evidence can lead to dismissal of some or even all the charges against a defendant. Please read here a Court order granting my motion to suppress evidence in a case involving a mandatory 3-year term of incarceration. In some other (but less frequent) instances, insanity can be a successful grounds for winning a case. In a criminal case, where my client was indicted for aggravated assault and attempted murder, I was able to get all the charges dismissed on that ground.
Some other times, the evidence against you does not conclusively show that you committed a crime. As you probably heard many times, you can be convicted of a crime only if the prosecution proves that you are guilty beyond a reasonable doubt. This means that if your criminal defense lawyer can raise at least one reasonable doubt, the jury will have to find you not guilty of the charges.
There are cases where going to trial is inevitable. For example, in cases involving mandatory minimum sentences, or simply if the prosecutor does not offer you a plea agreement.
While many other criminal defense lawyers aim for a quick resolution of your case by guilty plea, I always work tirelessly on my clients’ cases. As a New York criminal defense lawyer, I have the experience and skills to develop the best strategy for your case, and I am not afraid of taking your case to trial.
In a highly publicized case that was even featured on the Wall Street Journal, my client was extradited to the United States and accused in Federal Court of setting up and operating a botnet of 140,000 computers in over 70 countries. Read here the 5-count indictment against Fabio Gasperini. Cybersecurity experts had been closely watching the case, as it was the first ever “click fraud” case to go to trial. If convicted all of the charges of the indictment, Gasperini faced up to 70 years in jail.
At trial, the government called over 20 witnesses, some of which came all the way from Italy and The Netherlands. After a lengthy trial that lasted almost 2 weeks, the jury returned a NOT GUILTY verdict on all the felony charges of the indictment. Gasperini was convicted of misdemeanor computer intrusion (his appeal is currently pending), released from custody, and sent back to Italy. I am not aware of anyone ever before being acquitted at trial of felony charges under the Computer Fraud and Abuse Act (18 U.S.C. § 1030), but please contact me if you know of anyone else.
I am here to help you: call me at 212-566-3572
Highly disputed criminal cases do not always end at trial. If you are convicted, you can file an appeal. A Court of Appeals will review all the rulings made before and during trial on the motions made by your defense attorney.
I have handled numerous Federal appellate matters, including post-conviction relief cases. In some cases, appeals were referred to me by other defense lawyers.
I am admitted to the U.S. Court of Appeals for the First, Second and Third Circuit. I am also admitted to practice before the U.S. Supreme Court. If you choose me for your appeal, you can be sure that I will write and argue your appeal personally. Other law firms may pass your appeal on to an associate to write.
Criminal Immigration Experience
If you are not a citizen of the United States and have been charged with a crime, you face not only jail time, but also deportation from the United States. Even if you have been a permanent residents for many years, a conviction for an “aggravated felony” can be to your automatic removal from the country. In addition, if you are undocumented, you might never get your Green Card if you are convicted of certain crimes involving “moral turpitude” or involving possession of even a minimal amount of controlled substances.
As an immigrant, you must be particularly careful in selecting your criminal defense lawyer. You need an attorney that understands the immigration consequences of criminal convictions. I represented dozens of clients in criminal matters, both in State and Federal Courts. Among the others, I have experience with passport fraud, immigration fraud, and illegal reentry cases. I have also represented many immigrants in complex deportation cases involving convictions for violent crimes and possession of controlled substances.
For a free initial consultation on your criminal defense case, please send me a message or call me at 212-566-3572.