First Steps/ Rates

3) Once we conclude our consultation, you will then have the choice whether to retain our firm. We understand that pricing plays a considerable role in that decision. Our rate primarily depends on the charges being alleged against you or your loved one. Our firm utilizes a “retainer” payment method, meaning you’ll only pay once, right at the beginning, and we then take care of everything from there. You’ll sign a contract known as a retainer agreement, which ensures you know exactly what you’re playing for. Again, because we are a fully virtual firm, we are able to provide one of, if not the best retainer fees you will find anywhere in the New York Metropolitan area. If you find a better rate elsewhere but still want us to handle your case, let us know and we can work together and discuss a potential matching rate. Please keep in mind however, that if your case goes to trial, there will be an additional fee depending on the anticipated length of trial. This is standard practice amongst every criminal defense firm in the country, since trials require attorneys to forego all other client issues for the majority of the day while they are on trial, Moreover, we’re not a traditional firm with hard-and-fast rules about how we bill. We understand our clients come from all backgrounds and circumstances, and we’re happy to work with our clients to find a payment structure that works for everyone.

4) Once you retain us, we will begin working on your legal defense that very day. Depending on the type and procedural posture of your case, this can happen in several different ways. Generally speaking however, we will begin by reaching out directly to the prosecutor assigned to your case to understand their position on your matter, what initial charging/sentencing recommendations they have, and what evidence is currently in their possession. I can assure you that we will be aggressive, persistent, and professional with your assigned prosecutor. Simply based on my experience as a former prosecutor myself, I learned quickly that the more persistent a criminal defense attorney was with their demands for discovery, as well as the more favorable information and facts about their client that were provided, the more likely a favorable case outcome became for them. We apply those same principles here, and always expect to receive the best possible legal outcomes for our clients.

Legal Defense & Initial Strategy

5) Once we’re in contact with your assigned prosecutor and we obtain the evidence in their possession, that’s when the real defense work begins. We use our extensive criminal law experience and the latest, modern legal software with AI technology to develop our legal strategy, and immediately begin working to reduce or dismiss your charges. This can come in many forms, which would be discussed in detail in client reports and virtual discussions between us once we’re aware of the evidence, and have conducted the appropriate and necessary research. Some examples of previously successful criminal defenses include:

• Lack of probable cause

  • If the arresting officer didn't have a valid reason (probable cause) to stop, search, or arrest we can challenge the validity of arrest, possibly leading to dismissal of your charges.

• Insufficient evidence

  • The prosecution must prove each element of the charges beyond a reasonable doubt. If the evidence is too weak, unreliable, or missing key elements, the case may be dismissed by the judge or dropped by the prosecutor.

• Constitutional violations

  • Cases can be dismissed if:

    • There was an illegal search or seizure. The rules and requirements of when, where, and how the police may search you, your belongings, your residence, or vehicle and retrieve inculpatory evidence is a massive and complex body of law, and it takes an experienced and knowledgable criminal defense attorney to be able to navigate it. The police cannot just search you for whatever reason they feel like! If your rights were violated in this respect, the prosecution will not be able to use any illegally obtained evidence against you, which could lead to suppression of key evidence - which oftentimes can result in a dismissal.

    • The defendant was not read their Miranda rights in time, or they were inappropriately interrogated without due process. Similarly, there is a complex body of law regarding when a police officer can speak to you, where they can speak to you, and under what conditions they can speak to you. If you were illegally “interrogated,” any statements you made to the police can be suppressed, and nothing you said to the police can be used against you in Court.

    • The right to a speedy trial (CPL § 30.30) was violated. Prosecutors have a certain amount of time to state their readiness to proceed to trial. Oftentimes, especially with low level, difficult to prove cases, they may not be able to do so, and your case would get dismissed outright.This type of dismissal is common only when represented by competent defense attorneys who are aware of the recently enacted discovery laws pursuant to CPL §245, which require prosecutors turn over all evidence tangentially related to your case, and may not state readiness for trial until they’ve done so. Do not expect just any defense attorney to effectively apply this type of legal defense!

• Procedural errors

  • If there are technical or procedural mistakes (e.g., missing documents, jurisdictional issues, errors in the indictment), your case my be dismissed as well.

6) A major part of a criminal case is evidence sharing, analyzing the provided evidence, and if necessary, making legal applications for additional evidence that we’re entitled to. This is also known as discovery. It should come as no surprise that prosecutors, especially for misdemeanor cases, are overworked, and much of the discovery they are legally required to turn over sometimes falls by the wayside. At our firm, this is completely unacceptable, but most importantly, statutorily impermissible and will be fought with persistence and vigor. As a former, yet recent, prosecutor, I know exactly what is required on any type of case. If we don’t have what we need by the required deadline, we will demand a dismissal of your case pursuant to CPL §245, discussed above.

It’s important to note that cases evolve in different ways, and we’re always prepared to adjust and re-adjust our defense strategy to accommodate those changes. As our client, you’ll know everything that’s going on with your case because we independently provide you monthly case reports (or as needed, if significant updates arise) with all the relevant information to keep you informed. Remember, you have the right to know what is happening in your case! You may or may not be surprised to learn that most criminal defense firms do not abide by this principle. Many attorney’s will require you to chase them down, only to be billed hundreds of dollars simply for a phone call requesting information about your case. At our firm, our first 5 hours of phone conversations/ emails are already included in your retainer, so you do not need to worry about being nickel and dimed.

7) At a certain point in your proceedings, we will argue our legal defense in written notices to the court, known as motions. The prosecution will generally always respond with their own motion, and a judge will eventually render a decision.This is a critical point in your case pendency, and cases can often be won at this stage outright. Sometimes, judges require the defense and the prosecution to orally argue their legal positions in Court, and then render their decision based on those oral arguments. These are known as hearings, and are typically the final step before a case goes to trial. If your case is not dismissed on a legal or procedural defect, the judge will set a trial date . Trials often take months to happen, and often never do - especially on the initial trial date set by the judge. This is the stage where plea bargaining becomes the primary focus. As a former prosecutor, I have an intuitive gage of where negotiations should even begin. We will never get steamrolled by overzealous prosecution, and we will always fight and advocate to keep your sentencing recommendation on a continuous, downward trajectory over the pendency of your case. We will work together to ensure a favorable outcome for your case - and if necessary, I will take your case to trial, and vigorously advocate for you in front of a jury and judge, as I’ve successfully done previously on numerous occasions.

Click the “Contact Us For Free Consultation” button down below to set up a free, one hour, confidential consultation, or reach out directly at the email or phone number below if you have specific questions.