Innocent Until Proven Guilty: Dealing with Felony Charges in New York State

The specter of felony charges looms large in New York State’s legal system, with the potential to quickly ruin lives. For individuals who have been falsely accused, the experience is not just a court battle but also a terrifying walk through the winding halls of justice, where the weight of baseless accusations can make innocence difficult to prove.

In this blog series, we delve into the intricacies of felony charges in New York State, shedding light on the challenges faced by those wrongfully accused and exploring avenues for defense and exoneration. Come along as we explore the workings of the legal system and fight for the rights of those who have been wrongfully accused.

The Role of a Lawyer in Defending Felony Charges in New York State

Initial Consultation and Case Assessment:

• You and the attorney are meeting for the first time. They will carefully compile all the information related to your case, such as the felony charges in NYC, the circumstances of the alleged offense, and any possible mitigating or alibis.
• They’ll assess the benefits and drawbacks of your case as well as describe felonies in the New York prosecution process.
• They will discuss potential defense tactics and counsel you on your legal options, which may include a plea deal.

Constructing a Robust Defense:

Your attorney will develop a thorough defense plan that is suited to your particular case based on the information obtained. This might involve:

• Testing the police-collected evidence (inadequate search and seizure procedures).
• Posing queries regarding eyewitness identification or witness testimony.
• Creating an alibi defense to demonstrate that you were not present when the crime was committed.
• Investigating whether self-defense is appropriate in certain circumstances.
• Striking a plea deal with the prosecution in exchange for a lower charge or shorter sentence.

Examining the evidence:

Our attorney will look into the prosecution’s case in great detail. This might involve:

• Requesting and reviewing police reports, witness statements, and any physical evidence.
• Engaging private investigators to obtain more proof that might help your case.
• Seeking the advice of professionals (ballistics practitioners, forensic professionals) in order to evaluate the evidence and possibly undermine the prosecution’s case.

Acting as the Accused’s Attorney in Court:

In court, your attorney will be your most ardent supporter if negotiations break down and the matter is tried. They will:

• Provide the judge or jury with your defense plan and supporting documentation.
• Investigate the prosecution’s case’s shortcomings by cross-examining witnesses.
• Make an argument on your behalf and see to it that your legal rights are upheld at all times.

Upholding the Accused’s Legal Rights:

The main duty of your attorney is to uphold your legal rights at all times during the process. It comprises:

• Make sure you are aware of the accusations made against you and the possible repercussions.
• Protecting you from being unlawfully questioned or having your Miranda rights violated.
• Maintaining the integrity of the legal process and defending your right to a fair trial.

The Value of Access to Justice and Legal Aid

Difficulties Defendants Without Legal Counsel Face:

Managing the Difficulties of the Legal System:

The legal system is complicated, with many rules pertaining to evidence and procedure. Defendants without legal representation find it difficult to comprehend their legal rights, make the required motions, or mount a convincing defense.

Getting Evidence and Witness Testimony:

Gathering evidence and getting witness testimony can be difficult without legal counsel or experience, which can seriously weaken an accused person’s case.

Inept Court Communication

Legal knowledge and courtroom experience are necessary for properly putting out arguments and cross-examining witnesses. Without attorneys, defendants might find it difficult to defend themselves in court.

Pressures to reach a plea deal:

Prosecutors may pressure unrepresented defendants to accept unfavorable plea deals if they do not know what would happen if they rejected them.