What Does “Objection!” Mean In Criminal Court?

You may be familiar with the phrase “Objection, your honor!” from television or movies, even if you’ve never personally been to court.  What exactly does it mean when a prosecutor or criminal defense lawyer objects, and how does it affect your case? 

Read on to find out.  

“Objection” Defined 

In a criminal trial, an objection is how attorneys let the judge know that the other party’s evidence, testimony, or inquiry, should be withheld from the court. An attorney can object to evidence of any kind as long as the objection meets the evidence standards of the applicable state or territory. 

“Objection Sustained”  

A judge must make a decision on whether they agree or disagree with the attorney who objected and if the other party should proceed. Judges typically inquire as to why the attorney objected; however, if the cause for the objection is evident and they agree, the judge may not.

When a judge says that an objection is “sustained,” it means the judge sides with the lawyer who raised the objection and does not want the inquiry or evidence presentation to continue. The party bringing forward evidence or questioning a witness must stop and redirect. 

“Objection Overruled” 

When a judge states that an objection has been “overruled,” it indicates the judge does not concur with the lawyer who objected to the opposing party’s facts or inquiry. 

A judge will typically listen to a lawyer’s argument for opposing before deciding whether or not to overrule the objection.  If the judge does overrule it, the introduction of evidence or line of questioning by the other party will be allowed to proceed. 

Get Legal Support in New York Following an Arrest by Contacting an Experienced Criminal Defense Attorney  

If you were arrested for any kind of crime, it’s important that you understand the legal processes you will go through as you navigate the New York criminal justice system. Beyond knowing what “objection,” “sustained,” and “overruled” mean, you need to know how to approach your case on all fronts for the best chances of receiving a favorable verdict. 

It’s crucial that you reach out for professional legal help if you’ve been charged with a criminal offense. Contact Scott Cerbin Criminal Defense today to book your initial consultation and begin strategizing your defense for the best possible outcome. Call now at 718-596-1829. 

Serving Brooklyn and surrounding areas. 

Learn about the 6 different ways criminal offenses are categorized in New York and how to get legal help when you’ve been arrested for a crime. 

1. Violent Crimes 

Violent crimes are criminal offenses against people and sometimes animals. The most common violent crimes are murder, manslaughter, rape, kidnapping, gang violence, child endangerment, robbery, and other types of sexual assault. These offenses generally carry the harshest penalties, with defendants often facing multiple years in prison, large fines, probation, and more. 

2. White Collar Crimes 

White collar crime is generally considered nonviolent and includes criminal charges like money laundering, extortion, illegal gambling, contraband smuggling, drug or human trafficking, and the production, distribution, or sale of counterfeit goods. Often, white collar crime involves multiple people and takes place internationally. However, some white collar criminals may also act alone. 

3. Organized Crime 

Organized crime is somewhat similar to white collar crime in that many white collar crimes are organized and many organized crimes are considered white collar. However, the two are not mutually inclusive and organized crime may involve businesses, corporations, C-suite executives, politicians, and other high-profile individuals to achieve a common, illegal, goal. 

4. Computer Crimes 

Computer crimes are technologically advanced criminal offenses that often fall within the categories of white collar crimes and/or organized crime. The most common computer crimes in New York include identity theft, data breaches, hacking, wire transfer fraud, credit card theft, and other crimes that can be committed using computer or internet technology. 

5. Public Order Crimes 

Crimes of public order are offenses that are considered to interrupt or go against societal norms. These may or may not endanger another person. Public order crimes can include solicitation, prostitution, disorderly conduct, public intoxication, possession of drugs, minor in possession of alcohol, and pornography (not involving a minor). 

6. Property Crimes 

Property offenses are typically nonviolent in nature and do not involve or cause harm to other people. For example, property crimes may include but aren’t limited to defacing public property, vandalism, possession of stolen property, arson (if the building isn’t occupied by people), property theft, grand theft auto, breaking and entering, etc. 

Protect Your Rights With the Help of a Criminal Defense Lawyer Now 

Don’t hesitate to get in touch with a seasoned criminal defense attorney in New York. Call Scott Cerbin today for your consultation at 718-596-1829.

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.

A false confession is an acknowledgment of guilt for a criminal offense that was not committed by the accused. Although it may seem paradoxical, such admissions can be given freely, for example to protect someone else, or via coercive interrogation tactics.

False confessions are distinct from forced confessions, which are obtained via the use of cruelty or the fear of bodily harm. Here’s what you should know about false confessions, what to do if the police coerced you, and how a Brooklyn criminal defense attorney can help.

Types of False Confessions

False confessions can be classified into three categories under criminal law: voluntary false confessions, cooperative false confessions, and coerced false confessions. A psychological illness that distorts a suspect’s perception of reality is the most common cause of voluntary false confessions.

When a person admits to a crime because they want to terminate a stressful or unpleasant questioning, this is known as a cooperative false confession. When the police cause an accused individual to mistrust their own recollection, a persuaded or coerced false confession occurs. Even if they have no remembrance of the crime, they come to assume they were involved.

Why Would Someone Admit to a Crime They Didn’t Commit?

There are multiple motivations for confessing to a crime a person didn’t commit. For example, someone may be trying to take the heat for the individual who actually was involved in the offense. Or, the police may have led them to believe that if they confessed, their punishment would be less severe. In cases of suspects who are mentally ill, they may believe they will become famous if they admit to committing the crime.

How a Brooklyn Criminal Defense Attorney Can Help

A Brooklyn criminal defense lawyer can help you by preventing the police from coercing your confession or using harsh interrogation tactics if hired early enough during the criminal defense process. They can also introduce evidence that the police forced or otherwise convinced you to make a confession, or that you have a mental condition that prevents you from fully understanding reality. An attorney truly is your best asset when facing criminal prosecution.

Contact New York criminal defense lawyer Scott Cerbin today for a consultation to discuss the specifics of your case by calling 718-596-1829. Our legal team is available now to provide you with the compassionate and aggressive assistance needed to protect your rights under the law.

Can a Police Officer Do a Pat-Down During a New York Traffic Stop?

If a police officer stops your vehicle, they may ask to pat you down, even if it’s only for a minor traffic infraction such as a broken taillight or failure to yield. The officer claims the pat-down is for their own protection. In this case, what are your legal options? Here’s what a New York appellate court decided. 

U.S. Pat-Down Search Laws 

A warrant is normally required for a police officer to search your house. However, a law enforcement officer can conduct a search of your person or vehicle without a permit in some scenarios. Usually, this is only if the officer has a reason to suspect that a person presents a risk to the deputy’s safety. More often than not, reasonable suspicion in cases like these amounts to the behavior of the driver.

A New York Appellate Court Weighs In 

Robert Santy, Jr. was stopped for a driving violation in People v. Robert Santy, Jr. Robert was partially undressed and his demeanor was “flat.” The officer deemed this behavior non-compliant and erratic and then conducted a pat-down check of Robert’s body. At this time, the officer found illegal substances.

According to a New York appellate court, the pat-down violated the suspect’s constitutional rights. It was determined that being partially undressed and seeming “flat” were insufficient probable cause for a pat-down. The illegal substances were suppressed from evidence and the conviction overturned. 

Tips for Handling an Officer’s Request for a Pat-Down

You have the legal right to deny permission to a search of your person or vehicle at any time. If a police officer searches without your permission, you should state on record that you are refusing the search. 

However, the most crucial piece of advice is to be courteous. Even if you’re upset or believe the law enforcement officer is being unjust or inappropriate, be cordial. If you act out, the police can use your behavior as reasonable suspicion to pat you down and/or search your vehicle.

Call a New York Criminal Defense Attorney Now 

If you were arrested and the police patted you down and found evidence against you, you may be able to have this omitted from court if the officers had no probable cause to conduct a pat-down. Contact Scott Cerbin Criminal Defense today for a consultation by calling 718-596-1829. 

Social Media And Your Criminal Case: What You Need To Know

Social media is as widespread as it has ever been, and it may potentially even be used against you in court if you’ve been arrested for a crime. Here’s what you need to know about how social platforms like Twitter, Facebook, TikTok, and Instagram may affect your criminal case and how to seek aid from a skilled New York criminal attorney. 

It Could Ruin Your Alibi 

Prosecutors assigned to your case will undoubtedly scrutinize your public posts and may potentially even be able to review private posts. They’ll look particularly at any posts made just before and after the alleged crime. These might be used to invalidate your alibi if any information in your social media posts contradicts it.

Let’s imagine you have a witness alibi claiming you were at a gas station at a given time when the supposed crime occurred. But say you made a social media post from a friend’s house in the same neighborhood where the alleged crime took place. This could be used to void your alibi and possibly even incriminate you.

There May Be Photographic Evidence Against You 

The prosecution will also examine your photographs for evidence linking you to the alleged offense. If you are the lead suspect in a homicide investigation, for example, detectives may search your posts and photos for evidence that you possessed the murder weapon or a specific, unique item found at the crime scene. 

Other Users Might Reveal Sensitive Information 

Other users’ remarks on your social media posts may likewise be a source of worry. For example, if anyone else is accused of the same alleged offense as you talked with you on a social platform, this information might be utilized to establish a relationship between you two.

Another example might be if someone with inside information about the case uploads damning images or textual content on your social media pages. Unfortunately, these might be used to infer that you had inside information too and were somehow connected to the crime.

How to Secure Your Social Media During a Criminal Defense Case 

You should follow the advice of an experienced New York criminal defense attorney in regard to social media and your case. Scott Cerbin is a seasoned defense lawyer that can help advocate for your rights and interests in a court of law. Call today for a consultation by dialing 718-596-1829.

How Do I Defend My Child Against Making School Threats? 

Threats against schools or other educational institutions are treated very seriously in New York. Even so, some children may test the waters by joking around about bringing weapons or harming other kids at the school. If your child made threats at school, they may face criminal charges even if they didn’t mean anything by it or if it was said in jest. Here’s how you can help defend your child against charges of school threats. 

Your Child Was Unaware That What Was Said Was Of a Threatening Nature   

One possible defense against school threats is that your child was not aware that what they said was of a threatening nature. This is often a good defense in cases where the alleged threat was vague and the child did not mention any specific action, method, or weapon. They may have said something that they perceived as innocuous that someone else perceived as a threat. 

It Was Not Your Child Who Made the Threats  

Another potential defense is that it was not your child who made the threats. Perhaps your child took the blame for another child who was their friend so their friend wouldn’t get in trouble. Or, your child may have been falsely accused by the real perpetrator. In this case, witness statements can be extremely important. Another child or teacher who witnessed a different child make the threat may be able to testify that it was them and not your child. 

Explore Taking a Plea Deal 

In some situations, it may be best to discuss taking a plea deal instead of defending your child in front of a jury. This is often the case if you have multiple witness statements placing your child as the perpetrator of the threats or if your child was caught on camera or recorded making the threats. A plea deal may allow the court to reduce your child’s sentence, often keeping them out of juvenile detention and offering them more rehabilitation opportunities where applicable.  

Call a New York Juvenile Criminal Defense Lawyer 

If your child has been accused of making threats against the school or against individuals within the school, it’s important that you act quickly to protect their rights. Scott Cerbin is a veteran New York juvenile criminal defense lawyer that can provide you with the comprehensive legal support needed during such a difficult time. Call now 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.

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.

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.