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.

From the desk of Criminal Defense Attorney Scott Cerbin

A New York Probation Violation Can Result In:

The self-defense argument is not always effective after an arrest. For example, if the police have evidence that there was no imminent threat of harm or reasonable fear that should have existed, the self-defense argument may not be successful. Below, we explore the self-defense defense and how a criminal defense lawyer can help.

What Constitutes Self-Defense?

Self-defense is only justified in certain situations. For example, if you hit someone because you thought they were going to hit you, but they didn’t do anything that would be reasonably considered a threat, a self-defense defense is less likely to be successful.

You must be able to prove that the other person could carry out their threat and that you had a reasonable belief that they would do so. If you can prove that you were in fear for your safety and that you used a reasonable amount of force to defend yourself, then the self-defense defense is more likely to be successful.

You Were Imminently Threatened

The first element that you must be able to prove is that you were imminently threatened with bodily harm or death. The threat must have been immediate and there was no time for you to retreat or de-escalate the situation. If someone comes at you with a knife and you kill them in self-defense, for example, it’s more likely that a court will find that you were imminently threatened than if someone is yelling threats at you from across the street.

You Are Reasonably Afraid

In addition to proving that you were imminently threatened, you must also be able to demonstrate that someone else in your same circumstances would have felt the same way. If a court determines that you should not have been reasonably afraid, self-defense is unlikely to be successful.

However, this is subjective, which means it can be interpreted differently by different people. This is why it’s so important to have a good self-defense lawyer on your side, who can help to convince the court that you were acting reasonably under the circumstances.

You Responded Only With Necessary Force

Even if you can prove both of the previous elements, you can still only use a proportionate amount of force in response to the threat. This means that your response must be commensurate with the level of threat posed against you. You physically can’t attack someone with a knife because they punched you first. If you respond to a threat with excessive force you may not be able to argue self-defense.

How a New York Criminal Defense Law Firm Can Help 

Don’t wait after being charged with a violent crime to talk to an attorney about a possible self-defense strategy.

The attorney can investigate the facts of the case and work with you to determine the best way to proceed. In some cases, it may be possible to get the charges dropped or reduced. If the case goes to trial, the attorney can help you present a strong self-defense argument to the jury. Call Scott Cerbin today at 718-596-1829.

The news is rife with cases of police violence, leaving people to question what to do if they’re next. What happens next depends on a multitude of different factors, including both things you can and cannot control. Here’s what you need to know to get legal help.

It Depends On How Severely You Are Hurt

Some injuries are considered allowable, like bruised wrists from being restrained with metal handcuffs. If the police can make the case that the injuries you received are nonsubtantial and normal within the course of an arrest, it’s unlikely to count as brutality. Severe injuries caused by punching, kicking, and other types of abuse might depending on the circumstances.

Get Medical Care As Soon As Possible

Regardless of your injuries, seek medical care as soon as you can. This can be in jail if necessary just so long as there is a record of you clearly requesting or obtaining a medical evaluation immediately after the incident. If you are refused, this will be documented as well and can be used in your case.

Start Collecting Evidence

When you are released from custody, it’s important to work quickly to obtain evidence that you were unjustly hurt by the police. This might be a video someone who witnessed the incident recorded or possibly even footage from the officer’s body or dash cams. You want to be able to show what happened from beginning to end as clearly as possible.

Say Nothing to Law Enforcement

Remember your right to remain silent. This applies before, during, or after an arrest and to any interaction with law enforcement officers. If asked questions, decline to answer them. If you are offered any kind of deal or bribe by an officer, whether they are on duty or off, to keep quiet about what happened, don’t take it. Even if the deal seems great and you don’t want to deal with the publicity anyways, this usually has a hidden catch that will be worse for you in the end.

Call a New York Criminal Defense Attorney Right Away 

Don’t wait after being arrested – whether it was violent or not – to contact a qualified New York criminal defense lawyer. Scott Cerbin is a veteran attorney who will work with you fight the charges against you and hold police officers accountable for misconduct. Call now at 718-596-1829.

Facing allegations of domestic abuse or assault is frightening, especially if the person who reported you did so fraudulently in order to punish or control you. Below are some things you can do to help protect yourself after being charged and what a lawyer can do for you.

Don’t Talk to Police

First and foremost, never talk to the police after being arrested for any criminal offense. You have the right to avoid self-incrimination by remaining silent and you should absolutely invoke this right immediately upon being informed of your arrest. Even if you are only suspected of having committed domestic abuse, it still benefits you greatly to remain silent and refuse to answer questions without an attorney present.

Avoid Talking to Your Accuser

It is extremely risky and potentially even dangerous to attempt to communicate with someone who has accused you of domestic violence, especially if they have filed a report or if you have been arrested as a result of their allegations.

Do not answer their phone calls or emails, and consider avoiding associating with anyone that you know is a close friend or family member of your accuser in many cases, when someone is making a false report of domestic abuse, they will attempt to reach out to the alleged perpetrator in an effort to get as much evidence as possible to frame them.

Collect Evidence

The next step you should take is obtaining as much evidence as you can to support your innocence. You can also show proof that the person who accused you of domestic violence had a reason to lie or some kind of benefit they could gain from your being convicted. Keep these in a secure location no one else can access.

Don’t Get Arrested Again

If you get arrested again while in the middle of a domestic abuse case, this can be used against you. Don’t commit any crimes, even if they are not related to violence or assault. Even minor offenses like speeding or shoplifting can make entirely separate domestic violence charges harder to beat.

Reach Out to a New York Domestic Violence Defense Lawyer 

Don’t hesitate to take action after being accused of domestic violence. New York takes these charges seriously and so should you. Contact Scott Cerbin Criminal Defense today to learn more about how to protect your rights and what legal options are available to you. Call now at 718-596-1829.

A motion to suppress is a legal motion that can be filed prior to a criminal trial to have certain types of illegally-obtained evidence withheld from the jury at trial to protect the constitutional rights of the defendant. Here’s what to know about motions to suppress, what kind of hearing you may have if evidence will be suppressed in your case, and how a New York criminal defense lawyer can help you.

What Kinds of Evidence Can Be Suppressed?

Not all kinds of evidence can be suppressed in a criminal defense trial. The most common types of evidence that defendants can have suppressed include:

• Their own statements. A defendant can move to dismiss a statement they made if they were illegally coerced or intimidated into confessing.
• Physical evidence. Any evidence that was obtained during an illegal search and seizure should be suppressed, regardless of how damning it may be.
• Witness statements. If a witness has made a statement that was led or coerced by police, a defendant can move to have it dismissed.

Types of Suppression Hearings

If evidence will be suppressed in your criminal case, you will have a suppression hearing of which there are four different types:

• Huntley hearing. This hearing suppresses statements that were illegally obtained by law enforcement using coercion, threats, abuse, or intimidation.
• Mapp hearing. This hearing suppresses physical evidence that was obtained by police officers during an illegal search on the basis of the Fourth Amendment.
• Wade hearing. This hearing is held specifically when the identification of a defendant by a witness has been prearranged by law enforcement, such as in the case of a police officer suggesting the defendant is the guilty party to a witness identifying the suspect in a lineup.
• Dunaway hearing. This hearing is always held along with one or more of the other hearings to suppress any evidence that was obtained as a result of an illegal or false arrest.

How a New York Criminal Defense Attorney Can Help

A criminal defense attorney can help increase the chances that you will be able to successfully suppress damaging evidence against you in your case. No matter what crime you were charged with, you may be able to undermine the prosecution’s case against you by suppressing evidence. Call veteran New York criminal defense lawyer Scott Cerbin now for help after an arrest by dialing 718-596-1829.

Even though a person may believe they are actually innocent of the offense for which they have been charged, they may be enticed by a plea bargain if one is offered. Delays can result in a prolonged trial that lasts for months, significantly interrupting a defendant’s life and escalating expenditures and distress. Here’s when you should think about taking a plea bargain.

Bail Was Denied To You

In some situations, a prisoner may be unable to afford their bail, or bail may have been rejected by the court. This implies that a suspect must remain incarcerated until the date of their trial. When a prisoner is given a plea deal, they may perceive it as a better alternative than waiting, since they would be released from jail sooner. Some plea deals may not include a jail sentence, or a criminal defendant may get enough credit with time served to avoid jail.

You Can Keep Your Right to Vote or Bear Arms

Plea bargains frequently involve a felony charge being reduced to a misdemeanor, allowing an offender to maintain their civil rights, including voting rights and the right to own a gun. If you are convicted of a felony, these are rights you may lose.

Your Public Image Will Be Protected

Many criminal accusations, such as sex crimes or child abuse, are associated with a negative public reputation. A plea agreement that results in a lower charge might help the offender retain relationships with their community and family members. By pleading out, somebody with an excellent image might potentially escape the scrutiny of a court case and shield friends or family members who may be interrogated or prosecuted.

Your Attorney Advised You to Take a Plea Bargain

If your criminal defense lawyer suggests that entering a plea offer is the best option for you, it’s something you should give serious thought to. Your lawyer is well-versed in the different possible outcomes and will provide you with the knowledge you need to decide what is best for you.

Call Experienced New York Criminal Defense Lawyer Scott Cerbin Now 

Were you charged with a crime and have been offered a plea deal? It’s important to understand all of the legal options available to you before making a decision that could change your life forever. Call veteran New York criminal defense attorney Scott Cerbin at 718-596-1829 to get legal help today.

Criminal records are typically public and permanent, especially for felonies. This can cause convicted individuals to face a number of challenges well beyond their sentences that prevent them from rehabilitating and reintegrating into society.

The Clean Slate Act can help ensure that New Yorkers aren’t unfairly punished and that they have an opportunity to create a meaningful life after fulfilling their sentences. Here’s what to know about the Clean Slate Act and how a New York criminal defense attorney can help you fight charges after an arrest.

What Is the Clean Slate Act?

Many states, including Pennsylvania, Utah, and Michigan have passed Clean Slate laws that make it easier for individuals convicted of a crime to restart their lives following the completion of their court-ordered sentences.

Under the Act, people with a criminal record who have fulfilled their original sentence, and have been released from incarceration and conviction-free for a specified period of time will automatically have those records sealed. Currently, this is a process that requires a complicated application and a legal representative to file it. This is costly and often unattainable for many struggling New Yorkers post-conviction.

Clean Slate Denied For New Yorkers In 2021

Unfortunately, the bill for Clean Slate New York failed to pass the state’s end-of-year legislative session. However, constituents and their state representatives remain hopeful that the bill will be passed in 2022. With exceptions in place for law enforcement’s access to criminal records, or records needed for the purchase of firearms, and three to seven-year waiting periods, public safety is not considered to be at risk.

If passed in 2022, Clean Slate New York would create a number of employment opportunities nearly overnight and would improve local and state economies. Studies show that states with more criminal records than others also have lower employment rates, too. Those eligible for their records to be sealed under the Clean Slate Act are already well out of prison and have paid their debts to society. The Act promises to make getting a job, renting an apartment, or taking out a loan easier for people who haven’t been involved in criminal activity for a significant length of time.

Arrested? Call a New York Criminal Defense Lawyer Now

Were you arrested for a criminal offense? Your freedoms are on the line and if you lose, you could be incarcerated, fined, and more. Your future depends on the legal maneuvers you make now. Experienced New York criminal defense attorney Scott Cerbin can help defend your rights after an arrest. Don’t wait. Call today at 718-596-1829.

When you are arrested for a criminal offense, you are entitled to a fair trial which depending on the crime, may include a jury. Voir dire is the latin term for questioning jurors to ensure they are fit to serve. Both prosecutors and criminal defense lawyers can participate in voir dire. Here’s what you should know and how to get help from a New York criminal defense attorney.

Qualifying for Jury Duty

Not just anyone can serve on any jury. The process of selecting jurors for each case is detailed and involves questioning jurors and summarizing the case for them. Potential jurors are asked a series of questions that pertain to the case to determine if there are any prejudices or biases the juror has that would make them poorly suited to serve on this particular jury.

For example, a juror that has been exposed to extensive news articles and other media reports about the case may not be able to maintain impartiality in order to judge the defendant fairly. Voir dire ensures that the jurors selected to hear the case are neutral, fair, and impartial and that no conflicts of interest exist.

Questions Asked During Voir Dire

The following questions may be asked by either the prosecution or the defense during the process of voir dire:

• Is the juror willing to accept and apply laws that pertain to the case?
• Does the juror have any relationship to anyone involved in the case?
• Does the juror have any biases towards people of certain races or ethnic backgrounds? Do they have any prejudices against people with different sexualities, religions, abilities, or gender identities than them?
• Will a juror be able to consider only the evidence presented in court when deliberating about the defendant’s guilt?

Jurors must also be a citizen of the United States, be over the age of 18, and have no felonies on their criminal record. They must be available for the entire duration of the case and commit to being wholly fair and objective.

How to Prepare for Voir Dire In Your New York Criminal Defense Case

The key to selecting a fair jury is an experienced New York criminal defense lawyer. Your attorney should be prepared to ask a multitude of questions to ensure that each juror on your case is fit to serve. Contact New York criminal defense attorney Scott Cerbin now by calling 718-596-1829.