Frequently Asked Questions
New York City Criminal Defense FAQ
The New York City criminal defense attorneys at the Law Offices of Daniel
A. Hochheiser have put together a list of answers to some of the most
frequently asked questions regarding criminal defense. If you have any
additional questions, you should not hesitate to discuss the specific
details of your case with an experienced lawyer from our firm: (800) 813-9069.
Do I have to speak to the police after an arrest?
What many people do not realize is that you are not required to give any
sort of statement to a law enforcement officer following your arrest.
As explained in the Miranda warning that will be read to you at the time
of your arrest, you have the right to remain silent and you have the right
to an attorney. Both of these rights should be invoked as soon as possible,
as anything that you say can be used against you by the prosecution during
your criminal trial.
I was offered a plea bargain. Should I take it?
Depending on the circumstances of your case, it may or may not be in your
best interest to accept a plea agreement; however, you should always consult
an attorney before making this decision. In doing so, you can ensure that
you fully understand your rights and options, as you may also have a good
chance of winning your case at trial. Let an experienced lawyer review
your case by contacting the Law Offices of Daniel A. Hochheiser today.
Do I need a lawyer if I intend to plead guilty?
Absolutely. Even if you intend to plead guilty to your charges, it is imperative
that you speak with an attorney. In some cases, your lawyer may be able
to negotiate a lesser charge or lighter sentence. If you attempt to represent
yourself, you could end up facing much stiffer penalties. For this reason,
you should not hesitate to invoke your right to legal counsel as soon
as you have been arrested. You should also avoid admitting guilt until
you have explored all of your legal options.
Should I hire an attorney for minor charges?
Unfortunately, a lot of people make the mistake of thinking that their
charges are "minor." Even if you have been charged with a misdemeanor
offense, the consequences of a conviction could follow you around for
the rest of your life. For this reason, you should always take the time
to learn more about your charges and the defense options that are available
to you. Our firm has helped countless individuals to reduce the impact
of a criminal conviction, and we stand ready to fight for you.
I was charged with a federal crime. What now?
It is important that you have an attorney who is familiar with federal
procedures. The federal courts are different and have different processes
that your lawyer needs to be aware of. The federal crime defense attorneys
at the Law Offices of Daniel A. Hochheiser are very experienced in all
aspects of criminal cases on the federal level. With over 60 years combined
experience, you can count on our attorneys to provide you with competent
When should I contact a criminal lawyer?
As soon as you have been arrested and detained by a law enforcement officer,
they are required by law to tell you that you have the right to remain
silent and that you have the right to an attorney. Although both of these
rights should be exercised immediately, you should waste no time in contacting
a legal professional.
In doing so, you may be able to gain a clearer understanding of what steps
to take next and then start on devising a viable defense strategy. The
sooner you take action in the interest of your defense, the better off
you will be. What is also important to understand is that choosing the
right attorney is just as crucial to the outcome of your case.
I was coerced into confessing. What now?
Unfortunately, it is not entirely uncommon for the police to use questionable
interrogation tactics in order to obtain a confession—whether or
not the confession is actually valid. Law enforcement may have believed
that you were guilty of the crime that you were charged with, so they
may have coerced you into providing a false admission of guilt.
If you believe that this has happened to you, it is imperative that you
consult with an attorney as soon as possible. You may still have time
to remedy the situation and prove your innocence, but you must act quickly—as
it may be much harder to prove this after you have been convicted by a
jury or accepted a plea bargain.