Lowville, NY Criminal Defense Law Firms & Lawyers

Your query raises several legal issues that cannot possibly be answered in this forum. If you would like a detailed fee-for-service consultation give us a call toll free to set up an appointment. Our rate is $300.00 / hour.

The first thing you do is demand all of the discovery you are entitled to under NY CPL and also demand a bill of particulars. That is also defined in the CPL. You also review the case for potential motions to suppress such as identification, physical evidence, statements, and the like. Your motion will likely be held in abeyance until there is a hearing. You then conduct a hearing asking the police officer relevant questions about the area of the law that you are trying to suppress. Because the law changes all of the time, be sure to update yourself on the latest changes - that's pretty easy just jump on Westlaw. After the hearing you again make an oral application to suppress the evidence and if the evidence is suppressed than you move to dismiss. However, the court may want post hearing memorandums on the issues which you will have to research and submit. If you case does not get dismissed, be sure to get the hearing transcript and prep it for cross examination. Meanwhile, you may consider retaining an investigator to find other witnesses and investigate the backgrounds of the witnesses against you. Further, be mindful to make sure the people converted the complaint to an information, in that even if they declare readiness they may not in fact be ready and if more than 90 days elapse without defendant's consent you could be ripe for a motion to dismiss on jurisdiction. If all of that fails then you have the trial. So you simply conduct a trial. Be sure though to research carefully the pattern jury instructions for the crimes that you are charged with and tailor a set to your case; do not just consent to the people's PJI. Also remember that the burden of proof is on the people, not you. Know how to vior dire on the business records exception to the hearsay rule to prevent documents from coming into evidence. Know how to pick a jury. Know how to cross examine witnesses. As you see, this is all very easy stuff you should have no problem with it.