Criminal Practice Overview
When facing criminal prosecution, the need to secure experienced defense counsel is critical. Seasoned attorneys are well-versed in properly setting the groundwork for the presentation of an effective defense. All criminal cases require complex and competent legal analysis to ensure that the client receives proper representation.
At the first court appearance, commonly known as Arraignment, a judge will make a determination of whether to remand the Defendant to custody, set bail, or release them. The Bail process is the mechanism by which money or property is deposited with the court in exchange for the Defendant’s pre-trial release pending the outcome of the matter.
Criminal cases generally resolve in three ways. At times, a skilled defense attorney can persuade the authorities to dismiss or “drop” the charges. Other times, cases are resolved through a negotiated plea agreement between the parties. Finally, if an agreement cannot be reached, a trial is held whereby the accused is either acquitted or convicted of the charges. All criminal cases have the potential for prison time.
In New York, criminal defense practice is highly complex and sophisticated. It demands a fierce advocate having the knowledge, skill, and fortitude to battle law enforcement or prosecutorial authorities.
State vs. Federal Cases
In the United States, a federal crime is an offense made illegal by federal legislation or a crime that occurs on federal property. These crimes are investigated by federal agencies which include the Federal Bureau of Investigations (FBI), Internal Revenue Service (IRS), Drug Enforcement Agency (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (BATF), Department of Homeland Security (DHS) and U.S. Immigration & Customs Enforcement (ICE).
All federal cases are brought by the United States Department of Justice and prosecuted in Federal courthouses across the country.
“White-collar defense” captures a broad set of substantive areas of the law, all related to how local, state, federal, and foreign governments regulate businesses. The successful white-collar attorney possesses deep litigation experience in the areas of criminal defense, civil commercial litigation, and general business law.
One of the attorney’s functions is to anticipate and prepare for the potential trajectory of a white-collar case. Investigations often lead to criminal charges and civil lawsuits from aggrieved parties. This type of complexity demands for sophisticated counsel. At times, White Collar cases routinely involve allegations of wire, mail, bank, and tax fraud as well as money laundering.
The practice demands a particularly versatile lawyer who is able to deliver a range of services. A keen understanding of risk management and compliance is essential. An ability to train businesses and their employees about ways to minimize potential liability, whether criminal or civil is part of the job
White-collar litigation involves assessing victims’ damages and finding remedies to protect the client, their reputation, and their freedom.