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Criminal Defense FAQ

When you or someone you love suddenly finds themselves facing criminal charges it can be a confusing and stressful experience. Any criminal charge can be serious and result in life changing consequences. The police and prosecution are interested only in building the case against you, as is their duty. You are going to have questions and you will need a Long Island criminal defense lawyer from our trusted firm to help you find the answers you are looking for. Some of the questions our clients ask include:

Q. The prosecution has offered me a chance to plead guilty with no jail time for a first offense. Is this a good deal?

A. Just because the prosecution offers a deal that promises no jail time, it may not necessarily be the best deal. It all depends on the severity of the crime in question. Most people charged with a misdemeanor do not go to jail for a first offense. Felony cases can often be reduced to misdemeanors depending on the circumstance. Before agreeing to a plea agreement, you should contact one of our knowledgeable attorneys to carefully evaluate your case to protect your rights and pursue the most favorable possible result for you.

Q. The police are offering me a deal in exchange for information on others involved in a crime. Can I believe them?

A. It depends on the officer. You have to understand that the police will do all that they can to build the strongest possible case. They are not looking out for your best interest. If you want to protect your rights and best interests, it is critical that you have a seasoned lawyer from our firm represent you.

Q. Are the police allowed to lie to me about a case?

A. Yes. The police are allowed to mislead you in order to get you to incriminate yourself. It is not uncommon for police officers to claim to have evidence or witnesses that they do not. When you are being questioned by the police you are alone. Police officers are part of a large team mobilized against you. Do not face this situation alone. The legal team at our hard-hitting firm is ready to aggressively stand up for your rights and best interest.

Q. Are the police allowed to search my house without my permission?

A. No. Most police officers will ask for your consent to search in order to avoid the inconvenience of acquiring a search warrant. If the police do have a search warrant, one of our resourceful attorneys may be able to later challenge the validity of the grounds for the warrant. If you give permission to search, it is likely that any evidence found will be allowed to be used against you. Involving our firm as soon as you possible can may provide you with your best opportunity to avoid criminal charges.

I was accused of violating probation. Can I go to jail?

Probation is an option that can be given in the place of other more serious penalties such as jail time. It is a trade off with the court that you agree to follow certain terms, such as not committing another crime in during your probation period. In exchange, the court allows you to opt out of the more severe side of a conviction. If you violate probation there is the chance that the court will break the deal that has been made and sentence you to jail. These instances can be defended and the court is often willing to hear the side of those accused of breaking their probation.

Can I fight my traffic ticket?

You can and this is often a smart choice to make. A traffic ticket can come with a higher cost than many people realize and even in less serious cases it can be a large inconvenience. The penalties can vary depending on the location but they can include fines and points on your license, or even a license suspension or jail time in more serious traffic offenses. Repercussions can increase for those who have multiple offenses. When you simply pay the ticket, you are validating to the court that you believe you were guilty, when in fact you may be innocent or are being penalized higher than what the crime deserves.

I was charged for domestic violence but it was just a misunderstanding. What can I do?

Domestic violence cases are often the result of a heated situation that elevates out of control. Both parties could have been equally involved, but one of them ends up looking at the possibility of a conviction. This can result when false allegations are made while tempers run high, or a story is exaggerated to appear as more severe than it actually was. What is said cannot always be taken back and many innocent people face charges even after the victim has changed their original story.

What is the difference between a misdemeanor and a felony?

A misdemeanor is still a serious crime, but a felony will typically pertain to those that are considered more serious by the court. Some crimes can fall into both the misdemeanor and felony category and it is up to the court to review the details and decide which way to charge it. In instances where a firearm was used in a crime, the charges may be elevated to a felony. Crimes such as murder will constitute as a felony and can come with significantly higher penalties. That doesn't mean that misdemeanors should be discredited because they can actually be penalized harshly as well, including through the use of jail time, fines and more. Within these charges are divided classes that will be punished in a differing manner.

Can I still be a charged for a crime if I only attempted it?

Depending on the area of jurisdiction, trying to commit a crime can be a crime in itself that is punishable under the law. While the penalties may not always be as severe as what would have been faced if the crime was actually carried through, there can still be many heavy consequences imposed. Law enforcement will often take this route, believing that it is a discouragement to individuals that are even trying to commit a crime, regardless of if they were able to complete it or not. Since the crime was not actually carried through, it will be up to the prosecution to fully prove that there was intent to do so.

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Jacoby & Jacoby - Long Island Criminal Defense Lawyer Located at 1737 N. Ocean Ave, Long Island, NY 11763.
Phone: (888) 452-2629. Local: (631) 289-4600. Website: .