CRIMINAL DEFENSE

A person who has had the unfortunate experience of being arrested must deal with New York's criminal justice system. A person charged with a crime should keep two basic facts in mind: first, the law presumes that a person charged with a crime is innocent unless and until proven guilty at a trial; second, the law places upon the District Attorney the burden to prove at trial, beyond a reasonable doubt, that the defendant is guilty of the charge(s) brought against him/her. The defendant may elect to testify in his defense at trial, but cannot under any circumstances be compelled to testify - either by the Judge or the District Attorney.

If you find yourself caught up in the criminal justice process, the Law Office of David B. Calender stands ready to provide competent, aggressive legal representation in your defense Click Here.  A wise man once cautioned that "a man who is his own lawyer has a fool for a client".  The admonition is especially important in a criminal case: the possibility of a wrongful conviction, jail time, or, in some cases, the death penalty, requires that you retain the services of an experienced courtroom trial attorney who understands the law and who is motivated to fight for you - not an overworked and underpaid individual whose main goal is to close out your file and move on to the next one in a pile.

Unfortunately, the criminal justice system is designed to protect only your most basic constitutional rights.  That means no one will be looking out for your interests - not the judge, and certainly not the prosecutor. The judge is there to ensure that the law is complied with and to move his/her cases along. Meanwhile, the District Attorney utilizes  the law and complex rules of procedure to baffle you and, eventually, secure your conviction - even if you are innocent of any wrongdoing.  (A man who is his own lawyer . . .)

Set forth below is a summary of the 9 procedural steps involved in a New York criminal case, beginning with the point of arrest, through to conviction, sentencing and appeal. Included in these procedural steps are, Transfer to Central Bookling, Criminal Court Arraignment, Arraignment on the Indictment, Motion Scheduling, Trial of the Charges, Sentencing, and Appeal.

These are critical issues which require an ample supply of skill, knowledge and competence to ensure the best possible results.  CLICK HERE FOR A SUMMARY OF EACH PROCEDURAL STEP.

CRIMINAL CONVICTION AND DEPORTATION CONSEQUENCES: Click Here