Where People Usually Start
A criminal case begins long before the first court date. What is said during an investigation, at an arrest, or on a recorded call from custody becomes part of the record, and the earliest decisions often shape everything that follows. Beyond the charge itself, a conviction can reach your employment, your licence and your immigration status.
How we can help
All law related to crime falls under criminal law. Substantive criminal laws define crimes and may establish punishments. Usually crimes are categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. Criminal law is different from civil law, because it is concerned with punishment of individuals who commit crimes rather than disputes between parties.
Every state has its own criminal code and processes and punishments for crimes. A “crime” is any act or omission in violation of a law. Generally, any act that is threatening, harmful, or otherwise endangering to the property, health, safety and moral welfare of people is considered a crime.
Some questions that are asked in criminal law include:
- Did an individual commit a crime?
- Which crime did they commit?
- What evidence supports this claim?
- Does the individual have a defense?
Types of crimes
Crimes can be separated into four categories:
- Felonies
- Misdemeanors
- Inchoate offenses
- Strict liability offenses
Arrested for a crime?
An arrest is the beginning of a process, not the end of one. What happens between the arrest and the disposition — how the evidence is examined, what is said and to whom, whether the charge is properly supported, and what the consequences of any resolution would actually be — is where representation matters most.
Why this needs a lawyer
The state is represented by a prosecutor from the first appearance, and the process — arraignment, discovery, grand jury, motions, plea negotiation, trial — carries deadlines at every stage. Rights that are not asserted are generally waived. A plea that looks like a quick way out can carry collateral consequences that outlast the sentence, particularly for non-citizens.
Criminal Law — common questions
I have been arrested. What should I do first?
Say nothing about the facts of the case and ask for a lawyer. You are not required to explain yourself, and explanations given at the scene or at the precinct are routinely used later. Ask for counsel clearly, then stop talking about the case — to police, to other people in custody, and on recorded jail phone lines.
What is the difference between a felony and a misdemeanor?
Crimes are generally categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. Felonies carry the greater exposure and, in New York, a felony charge can proceed to a grand jury. The classification affects nearly everything that follows, including the long-term consequences of a conviction.
What does the grand jury do?
In felony cases, a grand jury decides whether there is enough evidence to indict. It is not a trial and there is no finding of guilt. A defendant has the right to testify before the grand jury, but whether that is a good idea depends entirely on the specific case and should be decided with counsel.
Should I just take the plea that is offered?
Not without understanding what the plea actually costs you. A plea is a conviction, with consequences that can extend to immigration status, professional licenses, housing and employment long after any sentence is served. Those consequences should be evaluated before a plea is entered, not after.
I am not a U.S. citizen. Does that change anything?
Considerably. Certain convictions, and sometimes a guilty plea alone, can make a non-citizen removable or inadmissible — including long-term permanent residents. The immigration consequences need to be considered as part of the criminal case rather than dealt with afterward.
Can a criminal record be sealed in New York?
New York has sealing provisions with specific eligibility requirements, waiting periods and limits on how many convictions can be sealed. Eligibility turns on the particular convictions, how long ago they occurred and what has happened since, so it needs to be assessed case by case.
What if I only received a desk appearance ticket?
It is still a criminal case. A desk appearance ticket means you were released with a date to appear rather than held for arraignment, but the charge is real and failing to appear creates a separate and more serious problem. Treat the date as mandatory.
The answers above are general information about criminal law in New York, not legal advice, and do not create an attorney-client relationship. Every matter turns on its own facts.
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