FAQs - Criminal Related Questions

What should I do if a friend or family member is arrested?

The first thing you should do if a friend or family member is arrested by the police or other government officials is contact an experienced attorney as quickly as possible. If possible, attempt to find out from the arresting officers what precinct or jail the person is being transported to so you can communicate that information to the attorney. Contacting an attorney immediately is especially crucial in New York State because the constitutional right to counsel is broader than under the federal constitution as well as that of most other states.

It is also important to be fully prepared for the person’s arraignment, as that is when a judge will determine whether to release the person from custody or hold them on bail or other conditions.

At Cohen & Forman our attorneys are available 24 hours a day, 7 days a week and are be prepared to guide arrestees and their friends and families through each step of the criminal justice system. Contact us today.

What are my rights after I get arrested?

If arrested, despite the fact that police or other government officials are lawfully depriving you of your freedoms, they cannot deprive you of certain fundamental rights. Some of these rights include: the right to remain silent, the right to an attorney, and the right to a prompt and legally sufficient statement of the criminal charges you are facing. If arrested, it is crucial to assert your right to counsel as quickly as possible in order to preserve your constitutional rights. At Cohen & Forman we focus on protecting and communicating the rights of our clients from the moment of arrest all the way through disposition of the criminal case and beyond.

What should I do if police officers or federal agents come to my home and ask to come inside?

In most cases, unless law enforcement officials have a search warrant for your home, you are under no direct legal obligation to allow them to enter. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches of their property by law enforcement officials, and under New York Law, individuals are afforded even greater protection from police intrusion into the home. If law enforcement officials ask to enter your home without a warrant, prior to letting them in, contact an experienced attorney.

At Cohen & Forman we understand the methods and tactics used by law enforcement in attempting to gain information and evidence from individuals in their homes as well as the rights that protect individuals from such government intrusion. Contact us.

What should I do if I am asked to go to the precinct for questioning?

You are under no legal obligation to go with a police officer to the precinct or station house for interrogation, unless police officers have a warrant for your arrest, are arresting you based upon probable cause, or there are other exceptional circumstances. If police officers ask you to come in for questioning, the first thing to do is call an attorney to discuss the pros and cons of submitting to police questioning.

At Cohen & Forman, we understand the power the government exerts over individuals when it subjects them to interrogation, as well the various strategies they use in extracting statements. Often, seemingly harmless questions from police interrogators can elicit statements, which, later turn out to be incriminating. Contact us.

How do I appeal a criminal conviction?

If you believe you were wrongly convicted of a crime, you may, depending on the circumstances of the conviction have a right to appeal.

Appeals must state the error that was made in the lower court proceeding. If the error is clear, significant or egregious enough, an appellate court may chose to reverse your conviction on the basis of the error. If an appellate court does reverse your conviction, there are many possible outcomes including the granting of a new trial or proceeding, or protection from subsequent prosecution for the same act by the double jeopardy clause of the United States Constitution.

Contact us for a consultation today and our experienced attorneys will help you determine if you have grounds for an appeal. We can help!

What do I do if I have an outstanding warrant?

If you do have an outstanding warrant, it is important to speak with experienced counsel immediately as to avoid incurring further negative consequences for yourself and your loved ones. Often individuals who learn they have warrants for their arrest become panicked and act irrationally. At Cohen & Forman we guide individuals so that they can properly handle clearing up an outstanding warrant including engaging in negotiations with the appropriate authorities to minimize potential consequences you may be facing due to the warrant.

I have an attorney but I want a different one. Can I change my attorney?

Yes. Individuals are free to hire whatever attorney they so chose. In fact, the choice of attorney can often be the most important one made by a defendant during their entire experience with the criminal justice system. The difference between experienced, seasoned and aggressive counsel in contrast to over-worked, disorganized and overwhelmed counsel can be the difference in the outcome of your case. Many individuals do not do the proper research in choosing an attorney. Instead they blindly call whomever a friend or relative recommends. At almost anytime a defendant who does not feel his attorney is serving his interests possesses the right to obtain other counsel.

What is a grand jury proceeding?

A grand jury is a body of private citizens who determine whether there is sufficient evidence to formally bring charges against defendants in particular cases. The purpose of the grand jury is investigate wrong-doing and hear evidence in order to determine that there is reasonable cause to believe that a crime was committed and that the defendant is the person who committed it. A grand jury proceeding differs greatly from a trial both in structure and the rules governing the presentation of evidence. Criminal defendants in New York reserve the right to testify before the grand jury, however, the decision about whether to do so is often a complex and strategic one. At Cohen and Forman we understand how to navigate the intricacies of the grand jury proceeding and use it effectively. Contact us today.