Imagine stepping into a game where the other side knows every rule, but you don’t. That’s exactly what happens when law enforcement starts asking questions. The law is meant to protect everyone, but only those who understand their rights can truly defend themselves. A police investigation can be stressful, but knowing the right moves can make all the difference. A Brooklyn criminal defense attorney can help ensure those rights are protected.

The Right to Remain Silent

The Fifth Amendment guarantees the right to remain silent. Law enforcement may try to make conversation seem casual, but anything said can be used in court. Many believe talking will make them look innocent, but even a small misstatement can create legal trouble. A simple, firm response works best: “I am exercising my right to remain silent.” After that, say nothing. Silence cannot be used as evidence of guilt.

The Right to an Attorney

No one should navigate a police investigation alone. The Sixth Amendment ensures the right to an attorney. If officers start asking questions, the best response is: “I want a lawyer.” Once this is stated, questioning must stop until legal representation is present. Law enforcement may act friendly or claim to “help” resolve the situation, but their primary goal is gathering evidence. Having an attorney ensures statements are not misunderstood or taken out of context.

The Right to Refuse Searches

The Fourth Amendment protects against unlawful searches. Officers cannot search a person, home, or car without a valid warrant or consent. If they ask for permission, that often means they lack a warrant. The best response? “I do not consent to a search.” Never physically resist, but never agree. If a search is conducted unlawfully, a defense attorney can work to get any illegally obtained evidence dismissed.

The Right to Know the Charges

If arrested, law enforcement must clearly state the charges. This prevents wrongful detainment and allows individuals to prepare a defense. If unclear, ask: “Am I being charged with a crime?” If not, ask: “Am I free to go?” If the answer is yes, leave immediately. Police cannot hold someone indefinitely without probable cause.

The Right to a Fair Process

Due process ensures law enforcement follows legal procedures. Individuals cannot be detained without formal charges, denied access to an attorney, or forced into a confession. Officers may claim they have evidence or promise a lighter sentence in exchange for cooperation. These are common pressure tactics. Do not engage. Instead, remain silent and wait for legal representation.

The Right to Record Police Interactions

Recording police in public is legal in most places and can provide crucial evidence in cases of misconduct. If recording, remain calm and do not interfere. If an officer demands the phone or asks for footage to be deleted, refuse unless a warrant is presented. This right helps keep law enforcement accountable.

What Happens If Rights Are Violated?

A violation of rights does not automatically dismiss a case, but it does provide a strong legal defense. A criminal defense attorney can challenge unlawful arrests, suppress illegally obtained evidence, and hold officers accountable. Do not argue on the scene. Instead, document everything and let a lawyer handle it in court.

Take Action Now

A police investigation can lead to life-changing consequences. Knowing your rights is the first step in protecting yourself. Stay silent. Request a lawyer. Refuse searches. Demand due process. Record interactions when possible. These rights exist for a reason—use them. If facing an investigation or an arrest, don’t wait. Contact Scott Cerbin Criminal Defense today to protect your future.

From the desk of Criminal Defense Attorney Scott Cerbin

A New York Probation Violation Can Result In:

When you are arrested or before you are interrogated, the police must read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. You can choose to waive these rights, which means that you give up your right to remain silent and agree to speak to the police without an attorney present. Here’s what you should know about waiving these rights in New York and when you should reach out for help from an experienced criminal defense lawyer.

Is Waiving Your Rights In Your Best Interest?

There are some situations where it may seem like waiving your rights is going to be the fastest, most efficient way to get out of your current situation. For example, if you are confident that you have not done anything wrong and that you can explain the situation to the police without incriminating yourself, you might think you should waive your Miranda rights and speak directly to the police. However, this is almost never actually a good move and police are usually being disingenuous when they make generous offers in exchange for speaking with you without your lawyer present.

When Police Don’t Need To Read Your Rights

There are some circumstances in which law enforcement officers are not required to read someone their Miranda rights. For example, if an officer asks for identification from someone they’ve observed potentially engaging in criminal activity, they do not need to go give a Miranda warning. Additionally, if a suspect spontaneously confesses without any prompting from the police, Miranda warnings also don’t have to be given.

How A New York Criminal Defense Attorney Can Protect Your Legal Rights

When you are arrested, it is important to know your Miranda rights and if you should consider waiving them. If you are unsure about whether or not to invoke your rights, you should always consult with a lawyer before making any decisions.

Remember, you have the ability to remain silent, even if you are being asked questions by police officers or detectives. You should not sign any documents either, even if you are told that they will protect you.

Scott Cerbin is a veteran New York criminal defense attorney that can help protect your legal rights after being arrested by the police. Call now for a consultation to speak about your available options at 718-596-1829.

If you have been accused of child abuse in New York, it is important to take the charges seriously and take steps to defend yourself. Child abuse charges can result in jail time, a loss of custody of your children, and a criminal record. Fortunately, there are some solid legal strategies you can use to fight the charges against you, especially if you’re the subject of false accusations made by someone else. Here’s what to know and how a lawyer can help.

Understanding the Charges Against You

In New York, child abuse is defined as “the act, or failure to act, by any parent or caretaker that results in the death, serious physical or emotional harm, sexual abuse, or exploitation of a child under the age of 18.” Child abuse can be charged as a misdemeanor or felony, depending on the severity of the injuries inflicted and the defendant’s criminal history.

If convicted of the offense, a person can face jail time, fines, and a permanent mark on their criminal record. A conviction can also make it difficult to find employment, housing, and even get custody of your children.

Handling False Accusations of Child Abuse

False accusations of child abuse are not uncommon. Unfortunately, they can have a devastating effect on the accused, even if the allegations are ultimately proven to be false. If you find yourself facing false child abuse charges, it’s important to take immediate action to protect your rights and reputation.

Start by gathering as much information and evidence as possible to help prove your innocence. This may include witness statements, medical records, text messages, or other types of documentation. You should also familiarize yourself with Colorado’s laws surrounding child abuse allegations so you can better understand the charges against you and how to defend yourself in court.

It’s also important to be exceedingly careful of what you say, or to just not say anything at all. Because this is a criminal investigation, your words can be twisted and used against you in court. Prosecutors have no obligation to include context when quoting you, which can cause significant damage to your case regardless of how innocent or unrelated to the allegations your comments were.

Call New York Criminal Defense Attorney Scott Cerbin Today

Don’t hesitate after being charged with or even just investigated for child abuse to get in touch with a qualified lawyer. Scott Cerbin can help – call today at 718-596-1829 for more information.

If the police knock on your door and want to search your home, they need to have a warrant. This means they’ve gotten permission from a judge to look for specific things related to a possible crime. Without a warrant, they can’t legally come onto your property.

But police often still do in the hopes of getting evidence to close their case. Here’s what you can do to protect yourself and how an attorney can help.

How To Say No To Police Without A Warrant

If the police come to your house and demand entry, the first thing you should do is ask for a copy of their search warrant. Never give the cops verbal permission to come in. Just step aside and allow them access if the warrant is valid.

In the event they don’t have one, ask them politely to please return with one. Avoid being rude or aggressive – you don’t want to upset a trigger-happy police officer if it’s unnecessary.

What To Do If Police Barge In Anyway

Hopefully, the police will leave if they don’t have a warrant. You can expect that they’ll come back with one, at which time you’ll have to let them in. Not all police take kindly to being told “no” though. Police may decide to force their way into your house regardless of whether or not they’re allowed.

The only thing you can do if this happens is step aside. You can’t resist or impede the investigation without committing a crime, even if the police are in the wrong.

What you can do is take legal action against the police department later for violating your Fourth Amendment rights.

Are There Any Exceptions To Having A Warrant?

There are some situations where the police legitimately don’t need a warrant before entering a property. This includes things like life-threatening emergencies or if the suspect of a serious offense is believed to have fled to the premises.

Authorities can also legally enter if they see evidence of a crime, like blood or drug paraphernalia that can be seen from an open window.

If you were subjected to an illegal search in the state of New York, you need strong legal advocacy on your side. Call Scott Cerbin Criminal Defense now at 718-596-1829 for a consultation to discuss your potential defense strategy.

Getting out of jail after an arrest can be pricey. It usually requires a bond, which is a large sum of money paid to the court to guarantee you’ll appear for your hearing. But if you get released on your own recognizance (OR), you won’t have to pay this money. Here’s how it works.

What Does “Own Recognizance” Mean?

Being released on your own recognizance means that a court thinks you are trustworthy and don’t have to pay bond to be released. People with no prior criminal history are usually considered, or if you have a job and can demonstrate meaningful community involvement. If the judge assumes that you are a flight risk though, you’ll probably still have to pay bond. If you aren’t eligible for OR release and you don’t have enough money, you will have to stay in jail until your hearing.

Defendants who are on an OR release must first sign a written statement to the court. This promises that they will return to the court on the date specified and provides the court with detailed contact information should the defendant decide to flee or otherwise become unreachable.

What To Consider First

Before getting released on your own recognizance you should fully understand the terms you’re agreeing to. Your travel could be restricted to just a small area or you may have to report your whereabouts to a probation officer, making it difficult to do normal things like attend a funeral or travel for business.

If you were out on your own recognizance and miss your court date, the penalties you incur could be much harsher than if you were out on bond. You could be arrested again and denied bail entirely, leaving you to spend the rest of the time before your hearing in jail. This may make bond a better deal depending on your situation.

Get Legal Help Now After Being Arrested For A Crime In New York

Hesitation is risky after being arrested for a crime. Don’t wait to get in touch with a qualified New York criminal defense lawyer who can provide you with zealous, aggressive legal representation when your rights and future are on the line. Scott Cerbin will advocate for your best interests and fair treatment under the law. Contact our office to schedule a free initial consultation today by calling 718-596-1829.

If you were found guilty at your New York criminal trial, you may be wondering if there are any more options available to you. Unfortunately, you can’t just appeal your case because you don’t agree with the verdict. There needs to be some kind of error or misapplication of justice that occurred during your trial that requires a new court to hear your case.

Here’s what to know and when to get in touch with a qualified criminal defense attorney in New York after being charged or convicted with a crime.

When Cases Can Be Appealed

A defendant can request an appeal if there was a violation of due process that occurred or if they believe their legal counsel was ineffective. Appeals may also be valid in cases where juries were tainted or they were improperly instructed before being sent into the deliberation room.

When Can New Evidence Be Included?

Unfortunately, an appeal doesn’t allow defendants to enter new evidence for consideration. This is because the only thing being assessed during an appeal is whether or not to uphold the initial court’s decision. It’s not a new trial where new case facts can be presented – instead, the court is looking at how the law was applied and if there were any issues that caused the hearing to be unfair.

Can I File Multiple Appeals?

Most defendants only get one chance to file an appeal. Whatever the appellate court decides is usually final. But in some cases, it’s possible to file a request for the Supreme Court to review the appellate court’s decision if there is a clear indication of another mistake or improper application of the law. This requires the assistance of an experienced defense attorney who can challenge the court and the fairness of your trial.

Get Help From A Qualified New York Criminal Defense Attorney

Being found guilty of a crime in a court of law is a frightening and life-altering experience. But the fight might not be over yet and you might be able to file an appeal to challenge the validity of your trial. Call New York criminal defense lawyer Scott Cerbin today for a free initial consultation to begin discussing your strategy by dialing 718-596-1829. Our legal team is standing by to assist you after an arrest or a guilty verdict.

Robbery is a serious criminal offense that involves the unlawful taking of someone else’s property by using force, threats, or intimidation. In the state of New York, the penalties for committing robbery are severe and can have long-lasting consequences on your life. Below, we take a look at some of the most commonly used legal defenses for robbery and how you can get the help you need to overcome the charges against you. 

Lack of Intent

One possible defense is to argue that you never had the intent to commit robbery. This is because prosecutors must prove that you knew you were committing a crime and that you intended to and willfully did so. This defense can be effective if the prosecution’s case against you is weak or if you never had the means with which to commit a robbery.  

Mistaken Identity

Another defense strategy is to claim mistaken identity. Essentially, you are alleging that the police have the wrong person entirely. It can be a stretch but in some circumstances, the evidence prosecutors have just isn’t enough to prove beyond a shadow of a doubt that it was you who committed the crime. 

This defense can be used if you have an alibi that shows you weren’t present at the scene of the crime at the time of the robbery. One of the most powerful pieces of evidence in a mistaken identity defense is eyewitness testimony. Witnesses on either side can testify whether the defendant is or isn’t the person who committed the crime and it’s up to the judge or jury to decide. 

Coerced Confession

In some cases, a criminal defendant will offer false confessions as a result of coercion or inducement by law enforcement. Challenging the validity of a confession is a defense strategy that aims to prove that the confession was involuntarily made and should not be considered as viable evidence against the defendant. 

Arrested? Get Legal Help Now

Robbery charges in New York come with harsh penalties that can significantly impact a person’s future. Understanding the potential consequences and available legal defenses is crucial for anyone facing these allegations. 

It’s critical that you obtain legal advice from a reputable criminal defense attorney who can provide an individualized defense strategy and protect your rights throughout the legal process. Call Scott Cerbin now for a consultation at 718-596-1829. 

Navigating the criminal justice system in New York can be a daunting experience, especially for those unfamiliar with the legal process. This blog aims to provide a comprehensive guide on the various stages of a criminal law case in New York, from arrest to trial and beyond.

The Arrest and Initial Detainment

The journey through the criminal justice system often begins with an arrest. Law enforcement officers must have probable cause to make an arrest, and the arrested individual is usually taken to the local police precinct for booking.

• Probable Cause: The reason for the arrest, such as evidence or suspicion of a crime.
• Booking: The process of recording the arrest, which includes fingerprinting and photographing the suspect.

Miranda Rights

Upon arrest, the individual is read their Miranda rights, which include the right to remain silent and the right to an attorney. It’s crucial to understand these rights as they can significantly impact the case.

The Arraignment

The first court appearance after an arrest is known as the arraignment. During this stage, the defendant is informed of the charges against them and asked to enter a plea.

• Entering a Plea: The defendant can plead guilty, not guilty, or no contest.
• Bail Determination: The judge may set bail, which allows the defendant to be released from custody until the trial.

Pre-Trial Proceedings

After the arraignment, several pre-trial proceedings may take place. These include:

• Discovery: Both the prosecution and defense gather evidence for the case.
• Motions: Legal arguments that request specific actions, such as dismissing the case or excluding evidence.
• Plea Bargaining: Negotiations between the prosecution and defense to resolve the case without going to trial.

Importance of Legal Representation

Having an attorney during these stages is invaluable. A skilled lawyer can negotiate plea deals, file appropriate motions, and prepare a robust defense strategy.

The Trial

If a plea agreement is not reached, the case proceeds to trial. Trials in New York can be either bench trials, where a judge decides the case, or jury trials, where a jury renders the verdict.

• Opening Statements: Both sides present an overview of their case.
• Presentation of Evidence: Witnesses are called, and evidence is presented.
• Closing Arguments: Each side summarizes their case and argues for a specific outcome.
• Verdict: The judge or jury decides the outcome of the case.

Post-Trial Proceedings

After the trial, several post-trial proceedings may occur, depending on the verdict.

• Sentencing: If the defendant is found guilty, a separate sentencing hearing is held.
• Appeals: Either party can appeal the court’s decision.
• Expungement: In some cases, criminal records may be sealed or expunged.

Conclusion

Understanding the various stages of a criminal law case in New York is crucial for anyone involved in the legal system. From the initial arrest to post-trial proceedings, each stage has its own set of rules, procedures, and implications. Legal representation is highly recommended to navigate this complex process successfully.

FAQs

1. What is the first stage of a criminal law case in New York?
   • The first stage is usually the arrest and initial detainment, followed by the arraignment in court.
2. Is it possible to resolve a criminal case without going to trial in New York?
   • Yes, many cases are resolved through plea bargaining during the pre-trial proceedings.
3. What happens if you’re found guilty in a criminal trial in New York?
   • If found guilty, the defendant will proceed to a separate sentencing hearing where penalties will be determined.

FREE CONSULTATIONS

If you or someone you love faces criminal charges in Brooklyn, contact the experienced criminal defense attorney Scott Cerbin for a free initial consultation. Call  (718) 596-1829 or visit us online to schedule your appointment and get personalized guidance from a Brooklyn lawyer today.

Understanding your Miranda Rights is crucial for anyone who finds themselves in a situation where they are interacting with law enforcement. These rights are designed to protect your constitutional liberties and to ensure fair treatment during criminal investigations and prosecutions. This blog aims to provide a comprehensive guide to understanding your Miranda Rights and how they protect you.

The Origin of Miranda Rights

Miranda Rights originated from the landmark Supreme Court case Miranda v. Arizona in 1966. The ruling established that detained criminal suspects must be informed of their constitutional right to an attorney and against self-incrimination before police questioning.

Key Points from the Miranda v. Arizona Case

• Fifth Amendment: Protects against self-incrimination.
• Sixth Amendment: Guarantees the right to legal counsel.
• Voluntary Statements: Any statement made voluntarily can be used against you in court.

The Components of Miranda Rights

When you are arrested or detained, law enforcement officers are required to read you your Miranda Rights, which generally consist of the following statements:

• You have the right to remain silent.
• Anything you say can and will be used against you in a court of law.
• You have the right to an attorney.
• If you cannot afford an attorney, one will be provided for you.

Why Are These Components Important?

• Right to Remain Silent: Protects you from self-incrimination.
• Right to an Attorney: Ensures you have legal representation.
• Warning about Statements: Makes you aware that your words can be used against you.

When Are Miranda Rights Required?

Miranda Rights are not always required every time you interact with the police. They are mandatory only under specific circumstances.

• Custodial Interrogation: You are in custody and being questioned by the police.
• Formal Arrest: You have been formally arrested.

How Miranda Rights Protect You

Understanding your Miranda Rights is the first step in protecting yourself during interactions with law enforcement.

Protection Against Self-Incrimination

• You can choose not to answer questions without legal representation.
• You can invoke your right to silence at any time.

Access to Legal Counsel

• You have the right to consult with an attorney before answering any questions.
• An attorney can guide you through the legal process and protect your rights.

Common Misconceptions About Miranda Rights

Many people have misconceptions about Miranda Rights due to their portrayal in movies and TV shows.

• Not a Get-Out-of-Jail-Free Card: Invoking Miranda Rights does not mean charges will be dropped.
• Timing: Police do not have to read you your rights immediately upon arrest.

Statistics and Public Awareness

• Public Awareness: Surprisingly, a 2019 survey revealed that only 73% of Americans know what Miranda Rights are.
• Misuse of Rights: About 20% of criminal cases involve some misuse or misunderstanding of Miranda Rights.

Conclusion

Miranda Rights are an essential component of the American legal system, designed to protect your constitutional rights. Understanding these rights can significantly impact the outcome of your interactions with law enforcement. Always remember that these rights are there to protect you, but they must be invoked to be effective.

FAQs

1. What are the key components of Miranda Rights?
   • The key components include the right to remain silent, the right to an attorney, and the warning that anything you say can be used against you in court.
2. When are law enforcement officers required to read Miranda Rights?
   • Miranda Rights are required during custodial interrogations and formal arrests.
3. Can I invoke my Miranda Rights after initially waiving them?
   • Yes, you can invoke your Miranda Rights at any time, even after initially waiving them.

FREE CONSULTATIONS

If you or someone you love faces criminal charges in Brooklyn, contact the experienced criminal defense attorney Scott Cerbin for a free initial consultation. Call  (718) 596-1829 or visit us online to schedule your appointment and get personalized guidance from a Brooklyn lawyer today.