NY Criminal Defense/
Governments make laws to help create a stable and orderly environment for their citizens to live in. Some laws are better than others; some are made with the right idea, but with the wrong implementation. Sometimes, the laws are right.
Whatever the case, where there is a law, there is a good chance someone has broken it.
Your Constitutional Rights in New York
When the founding fathers set up the framework for our country, they put in place a groundbreaking idea. They founded the United States on the idea of not just individual liberty, but with the idea that instead of the government being all-powerful, citizens have rights. These rights meant that a person was no longer subjected simply to the whim of a king or a dictator, but that everyone would be subject to the Constitution – a statement that clearly outlines the guarantees and freedoms afforded to the country’s citizens.
Michael Litman is an experienced DWI attorney and criminal defense lawyer based in White Plains, NY. Since 2007, he has been defending individuals charged with crimes in Westchester County, White Plains, and the New York Metro area. You can count on Michael Litman’s expertise to help you build a defense if you are charged with a DWI, assault, larceny, weapons possession, drug crime, or any other criminal offense.
Mike Litman for Help Today/
Perhaps no protections are more important than the Sixth Amendment to the United States Constitution, added in 1789, which clearly states:
Accused Crimes We Defend
The Law Office of Michael D. Litman, PLLC handles criminal defense cases in White Plains, Westchester County and the New York Metro area, including:
- DWI – Driving while under the influence of alcohol and/or drugs.
- Larceny – Theft or stealing.
- Burglary — Entering a property with the intent to commit a crime like theft.
- ID theft – – Stealing an identity for personal gain.
- Assault — Physically attacking an individual.
- Drug Crimes — Possession, use, selling or distribution of illegal substances.
- Weapons Possession – Illegally possessing a weapon, whether without registration or simply doing so in violation of the law.
- Sex Crimes – Any of a number of crimes involving sex, including sexual assault, sexual conduct with a minor, rape, and others.
Charged with a Crime? Know Your Rights
According to the Sixth Amendment of the United States Constitution, as a defendant you have several rights that may not be taken away. Among others, your rights include:
- The Right to a Speedy Trial – A trial may be delayed for several reasons, including to investigate, gather evidence, change venues, security, etc., but may not be simply delayed in order to advantage the prosecution.
- Public Trial – Generally, a defendant is guaranteed the right to a public trial. This makes sure that all laws are followed and protects the rights of the defendant from an overbearing government, as well as ensuring a transparent judicial system. However, trials may be closed for the benefit of the defendant. For example, if excessive publicity or any other reason will inhibit the defendant’s right to a fair trial, it may be closed to the public.
- Impartial Jury — The right to a jury trial does not apply to every criminal charge; a jury is not guaranteed for crimes that have a possible sentence of less than six months. A jury is also not guaranteed in Juvenile Court, as the sentences are generally lighter. However, in more serious cases, a jury is guaranteed (based on the request of the defendant or counsel), in which case the jury must be unbiased. Juries are chosen by both the defense attorney and the prosecutor through a process called vior dire. Potential jurors found to be biased should be eliminated from the jury during the selection process.
- Notice of Accusation – A defendant has the right to know what he is accused of. Officers may not simply arrest people without reason.
- Assistance of Counsel –A defendant has the right to be defended by qualified counsel, whether or not they have the money to pay for it.
A Lawyer is Indispensable
The average defendant is not aware of their rights. As a result, legal representation is a necessity to make sure the defendant’s rights are protected and to navigate the legal process successfully. If you have been accused of a crime, it is in your best interests to secure legal representation as soon as possible.
Contact a Criminal Defense Lawyer Today
If you or a loved one has been accused of a crime, contact the Law Office of Michael D. Litman, PLLC as soon as possible.
For questions or to set up a consultation, contact us online or call us at 917.554.8231. Our firm will work with you from the arraignment all the way through the trial.