Understanding Your Rights When Facing Violent Crime Charges

A violent crime accusation in Orange County, New York, sets in motion a legal process that moves quickly through the courts. Understanding one’s rights at each stage of that process helps protect the accused person from further legal jeopardy. Benjamin Greenwald has protected these rights since his admission to the New York State Bar in 2001, personally handling more than 5,000 criminal defenses. To speak to an Orange County violent crime attorney, call the Law Office of Benjamin Greenwald at (845) 567-4820 today.

Overview of Rights in a Violent Crime Case

New York law provides several protections for the accused at each stage of a violent crime case, from arrest through arraignment and beyond.

• The right to remain silent protects the accused person from self-incrimination during police questioning.
• The right to an attorney ensures the accused has the benefit of legal representation regardless of their ability to pay.
• The Fourth Amendment restricts law enforcement from conducting unreasonable searches and seizures.

These protections apply to Benjamin Greenwald’s clients whether they are in Orange, Sullivan, Ulster, Dutchess, or Rockland counties. 

The Right to Remain Silent

The Fifth Amendment protects the accused person from being compelled to testify against themselves. In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court held that police must inform suspects of this right before being taken into police custody. Statements obtained without this warning can potentially be excluded from a violent crime prosecution in Orange County Supreme Court. Officers from the Orange County Sheriff’s Department and the New York State Police must issue these warnings before questioning any suspect in custody.

Additionally, in Griffin v. California, 380 U.S. 609 (1965), the Supreme Court held that prosecutors cannot comment on a defendant’s decision not to testify. To be clear, this protection extends to closing arguments made by the Orange County District Attorney’s Office during a violent crime prosecution. The jury receives instructions that no negative inference can be drawn from the defendant’s silence. Exercising this right does not indicate guilt and cannot influence a jury’s verdict under this constitutional protection.

The Right to an Attorney During Questioning

Alongside the right to remain silent, Miranda v. Arizona also established the right to have a lawyer present on the accused’s behalf during custodial questioning. Building on Gideon v. Wainwright (1963) and subsequent rulings, criminal defendants facing potential jail time are entitled to court-appointed counsel regardless of financial circumstances. A public defender’s office, such as the Orange County Public Defender’s Office, may provide this representation to qualifying individuals. This right is guaranteed from the first formal court appearance through trial and the initial appeal. 

Additionally, in Edwards v. Arizona, 451 U.S. 477 (1981), the Supreme Court ruled that police must stop questioning once a suspect requests an attorney. Additionally, the police may also be required to cease questioning once they are made aware that the individual is represented by counsel, such as when an attorney contacts the police office to inform them of their client’s representation. This rule applies whether the interrogation takes place at a sheriff’s office facility or elsewhere in New York. Statements obtained after an unambiguous request for legal counsel can potentially be excluded from trial. Defense attorneys typically raise this issue early in a violent crime case while reviewing the interrogation record.

However, it is important to know that these rights are established by state statutes, and federal rules may differ. 

The Right to Know the Charges Against You

The Sixth Amendment to the Constitution guarantees the right to be informed of the nature and cause of the accusation against a defendant. Furthermore, New York Criminal Procedure Law section 200.50 requires an indictment to specify the offense charged in clear and definite terms. Additionally, New York Criminal Procedure Law section 170.10 requires the court to advise the accused person of the charges during arraignment. This information allows defense counsel to begin preparing a response to the prosecution’s case.

New York Criminal Procedure Law section 180.10 provides for a preliminary hearing when a felony complaint has been filed in a local criminal court. Alternatively, the Orange County District Attorney’s Office can seek an indictment from a grand jury under New York Criminal Procedure Law section 190.65. Either process ensures that formal criminal charges are based on reliable evidence. The accused person and defense lawyer receive a written copy of the formal charges in either scenario.

The Right Against Unreasonable Searches and Seizures

The Fourth Amendment to the Constitution protects the accused person from unreasonable searches and taking of property (“seizures”) conducted by law enforcement. In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court held that improperly obtained evidence must be excluded from state court proceedings. Furthermore, evidence gathered without a valid search warrant or valid legal exception can be banned from use in court. Criminal defense attorneys often file something called a motion to suppress when law enforcement conducts invalid searches.

Certain exceptions to the requirement for a search warrant exist, including the stop and frisk standard from Terry v. Ohio, 392 U.S. 1 (1968). Under Terry v. Ohio, police officers can conduct a limited search for weapons when there is reasonable suspicion to believe that someone is armed. This exception is frequently examined in violent crimes involving weapons. Defense lawyers review the circumstances of any police stop to determine whether officers violated these rights or not. 

The Right to a Prompt Arraignment and Fair Bail

New York law requires an arraignment to take place without unnecessary delay following an arrest. The Eighth Amendment to the Constitution prohibits excessive bail. Moreover, New York Criminal Procedure Law section 510.10 requires judges to weigh statutory factors, including offense severity and flight risk, when setting bail. 

Also, bail reform legislation, effective in 2020, eliminated cash bail for many crimes despite preserving eligibility for most violent felonies. Judges at the Orange County Courthouse in Goshen, New York, apply the factors in New York Criminal Procedure Law section 510.30 when setting bail conditions. These factors include, for example, the accused person’s ties to the community and their criminal history. 

In many criminal cases, the preliminary hearing is also incredibly important to the process. A preliminary hearing is a right in New York under CPL § 180.10, though this right can be waived. This hearing typically must be held within 120 hours of the arrest, though federal holidays may extend this period up to 144 hours. This preliminary hearing is not a trial, but rather a review of the evidence to determine if a case against the defendant is actually viable, which can be particularly important when the defendant is incarcerated, as it may provide an opportunity for release.

A New York Violent Crimes Lawyer Can Help Protect Your Rights

A criminal defense attorney in Orange County, NY, serves as the primary safeguard for each of these constitutional and statutory protections throughout one’s case. Again, defense counsel can file a motion to suppress statements or evidence under New York Criminal Procedure Law section 710.20 following a rights violation. Additionally, the Orange County violent crimes attorney monitors compliance with Miranda warnings and argues for appropriate bail conditions at arraignment. Lawyers can also challenge any indictment that fails to specify the charges with sufficient clarity. In general, without legal representation, procedural violations go unchallenged and unpreserved for later review by an appeals court, if necessary. Violent crimes lawyers also evaluate the trial record for errors that could support an appeal under New York Criminal Procedure Law section 450.30. For example, lawyers review whether evidence was obtained in violation of the Fourth Amendment or admitted despite a valid objection. 

Call the Law Office of Benjamin Greenwald About a Violent Crime Charge

A violent crime charge in Orange County requires careful attention to each of these constitutional and statutory protections. Benjamin Greenwald has spent his career protecting these rights and has served on the board of the Alcoholism and Drug Abuse Council of Orange County. Benjamin Greenwald is also one of the few Orange County, NY, attorneys to win a case using an insanity defense, a rare and difficult strategy. Anyone who wants to discuss these rights with a New York violent crimes lawyer can call the Law Office of Benjamin Greenwald at (845) 567-4820. Hablamos español.

Essential Frequently Asked Questions About Orange County, New York, Violent Crime Charges

Read further for answers to commonly asked questions about violent crime charges in New York. 

What Qualifies as a Violent Crime Under New York Law?

New York law defines certain offenses as violent felonies under Penal Law section 70.02, including assault, robbery, and manslaughter. The exact classification depends on the specific elements of the charged offense and the harm involved.

Can a Violent Crime Charge Be Reduced to a Lesser Offense?

Prosecutors sometimes agree to reduce a violent crime charge through plea negotiations based on the strength of the evidence. The defense counsel typically reviews the case details before determining whether a reduction is realistic.

Does a Prior Criminal Record Affect Sentencing for a Violent Crime?

A prior record can increase the potential sentence under New York’s persistent felony offender statute, Penal Law section 70.10. Judges consider criminal history alongside the facts of the current charge during sentencing.

Can a Violent Crime Conviction Affect Firearm Ownership?

Federal law under 18 U.S.C. section 922 generally prohibits people convicted of a felony from possessing a firearm. This restriction applies regardless of whether the underlying violent crime conviction occurred in New York or elsewhere.

What Does It Take to Get a Violent Crime Conviction Appealed?

A successful appeal requires identifying a legal error preserved in the trial record, such as an evidentiary ruling or jury instruction mistake. The Appellate Division, Second Department, reviews these errors, and New York Criminal Procedure Law section 460.10 sets the filing deadline.