Frequently Asked Questions
Common Questions About Criminal Charges in New York
If you have been arrested, it is likely that you have many questions about how your case will develop and what impact the case will have on you going forward. To alleviate some of the concerns you have, you should make an appointment to speak with an attorney who has the experience and the interest to meet with you and engage in a detailed discussion about your case. To help alleviate your stress, it is important to understand what happens after an arrest, what your rights are and ultimately to retain a criminal defense lawyer in Westchester County. The Law Offices of John Raimondo, P.C. is here to answer the questions you have and to instill the confidence that you will need to proceed with the proper defense of your case.
If you cannot find the answers below, we welcome you to call our firm for a free consult at (914) 996-4511 or contact us online.
What should I tell the officer during an investigation or after an arrest?
If you have been arrested or are being investigated, you should not answer any questions put to you by a police officer, or for that matter, any third-party. Rather, you should politely convey that you do not intend to answer any questions, and that instead, you want to speak with your attorney. No matter what promises are made, you should continue in your position that you do not intend to answer any questions. While there are times it may be tempting to convey your version of the facts surrounding the investigation, the temptation should be resisted. Often times, what you may believe is a version of facts which is in your favor, is harmful to your defense and substantially reduces the probability of a favorable outcome in defending your case.
What Happens at Arraignment?
The arraignment is the technical process by which the defendant learns what charges he or she is facing. In most cases, the defense attorney will waive a public reading of the charges; meaning the attorney will simply receive a copy of the paper charges which have been filed, but the Court will not formally read the exact allegations into the record in open Court. Depending on whether the charges are misdemeanor charges or felony charges, the defense attorney will enter a formal not-guilty plea (in the case of a misdemeanor) or in the case of a felony (unless the defendant has already been indicted), simply waive a formal reading of the charges. Also, in many cases, the prosecution will request that an amount of bail be set; the purpose of bail is supposed to be to ensure the defendant’s return to Court. The defense attorney will also present arguments about bail, including that the defendant should ether be released without bail, or in some cases, suggest an amount of bail be set which is appropriate under the circumstances.
What is Plea Bargaining?
In the course of defending almost every criminal matter, there are discussions between the defense attorney and the Office of the District Attorney about attempting to resolve the pending matter without a trial. Of course, in some instances, the defendant and the defense attorney request a trial from the onset and are unwilling to engage in any negotiations about a potential plea. During the plea process, the prosecution typically makes an offer of a reduced charge with some punishment that is less than the punishment they would seek after trial. The defendant then, typically considers the offer with the guidance of their defense attorney, and determines whether to offer a counter-proposal, simply to outright reject the offer or to avail themselves to the offer. Often times, the Judge is also involved in the process and conferences the case with the attorneys in an effort to assist in a resolution. There are also instances where the defendant attempts to negotiate a resolution directly with the Court; these are typically cases where the District Attorney is holding the defendant to the top charge and therefore, the defendant seeks to negotiate a more lenient punishment directly with the Court.
We welcome you to call (914) 996-4511 or contact us online for a free consultation. We are prepared to help.
Our Testimonials
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"As a former prosecutor and a seasoned defense attorney, when I needed to build the right team to try a high stakes felony case, I turned to John."
I am a former prosecutor in New York City and have been a defense lawyer for almost 15 years. Some years ago, I was involved in defending a felony DWI case on behalf of a client. Knowing the high stakes involved in the case, I turned to John Raimondo not only as a pre-trial, consultant but also to try the case with me. I knew that Mr. Raimondo would make an invaluable member of the defense team. John exceeded my expectations and exemplified the skill and integrity that every client should want in their attorney.- Andrew B. (admitted member of the bar) -
"I recommend Mr. Raimondo to anyone I know who needs an excellent lawyer who is compassionate and truly cares about his clients."
Over the last several years, I turned to John to represent me in several cases. One case was originally charged as a felony DWI and John was able to fight to get me a reduction to a misdemeanor. I know it is very rare for a felony DWI charge to get reduced to a misdemeanor and I know it was John’s dedication that led to that result. I have repeatedly recommended John to members of my family and anyone who has requested my reference to an attorney. I can not say enough about John; he is the one lawyer who I trust is always on my side.- K.P. -
"I was found not guilty after trial with a blood alcohol reading two times the legal limit."
I was charged with a DWI with a blood alcohol reading which was two times the legal limit in the Town of Mamaroneck. John tried to do everything to resolve the case before trial. The prosecution would not compromise and so Mr. Raimondo requested a jury trial on my behalf. From the beginning it was apparent that Mr. Raimondo had a strategy to win my case and even though the reading was so high; that is what happened. After several days of trial, the jury found me not guilty of all DWI charges. I never really believed that there was anyway he would be able to get me off of these charges, but he did it”- K.B. -
"Sympathetic, confident and true professional."
After calling the office, John got back to me right away with alot of knowledge about my situation. He was very sympathetic, professional and most of all confident. I went into my situation scared and unsure of what was going to happen. He was able to put my mind at ease, everything happened exactly how he explained it with out any surprises. He’s very efficient in his work. I highly recommend him.- Angela D.
