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Frequently Asked Questions

Bronx Criminal Defense Attorney

If you are charged with a crime in the Bronx, you likely have a number of questions about your charges, rights, potential penalties, and defense options. At The Law Offices of Elliot S. Kay we understand the stress and confusion of being arrested and accused of committing an offense, and no matter the charges you face we believe you deserve nothing less than attentive and aggressive defense representation. It is important that you understand the various aspects of your case, and to provide you with the important information you need, we are proud to present the helpful FAQ page below.

What should I do if I am arrested?
If you are arrested, it is imperative that you do not resist the officers. Give them your name and identifying information and then ask for an attorney. Your Miranda Rights provide you with the opportunity to stay silent, and you should do exactly that until your legal counsel arrives. It is imperative that you refrain from answering any questions until your lawyer is by your side, because law enforcement agents are allowed to lie to obtain information, and you could be tricked into saying things that are harmful to your defense or even led to plead guilty for a crime you did not commit. Your attorney can advise you of the questions to answer and ensure your rights are protected.

What are my Miranda Rights?
The Fifth and Sixth Amendments give you the right to protect yourself against self-incrimination and the right to legal counsel, which are the two main aspects of the Miranda Rights. When you are arrested the officer has a legal obligation to Mirandize you so that you are aware of your rights under the law. The right to remain silent means that you do not have to speak, which can protect you from saying anything that could be used against you in court. The right to an attorney means that you can take advantage of the opportunity to have a knowledgeable legal counselor on your side. You can hire a private defense attorney or, if you cannot afford to do so, an attorney will be appointed to you by the court. Your attorney can help you understand the charges brought against you, your rights, and your legal options.

What if the officer did not read my rights?
The arresting officer's failure to make you aware of your Miranda Rights could have significant impact upon your case. Because your rights were not properly explained to you, the judge may rule that anything you said when taken into custody is inadmissible as evidence before the court. If you were not read your rights, contact a skilled Bronx criminal defense lawyer as soon as possible to learn how you can fight the evidence that is being unlawfully used against you.

If I failed the breath or blood test is there any point to fighting my DWI?
Unfortunately, many people plead guilty to a drunk driving charge without realizing they have the opportunity to challenge the evidence and fight the allegations. No matter what evidence the court has against you, it is imperative that you speak with a knowledgeable defense lawyer before making any decisions about your case. In many cases there are a variety of factors that could have seriously impacted the results of their chemical tests, and thus may have tainted the evidence. For instance, did the officer ensure you had not vomited or burped within 30 minutes of administering a breath test? Was the breath machine properly maintained and calibrated? Was your arm wiped with an alcohol swab before a blood sample was taken? There are many issues that can affect the court's alleged evidence against you, so make sure you have all the facts you need to make an informed decision by talking with a skilled attorney.

Why should I pay for a private defense attorney?
If you are unable to hire your own attorney, the court will appoint a public defender to your case, though this option is not recommended unless absolutely necessary. Most public defenders are overworked and their offices understaffed, which means they are bogged down with numerous cases at a single time. With so much on their plates, public defenders are often unable to put the amount of time, energy, and preparation into each case that is needed to pursue success.

By enlisting a private defense attorney for your trial, you will receive the benefit of having a legal counselor on your side who is dedicated to your success. If you hire an attorney from our firm, you can be confident that you will receive detailed representation, as our firm thoroughly investigates the charges brought against our clients so that we can build compelling and comprehensive defenses. Call our offices to learn how retaining a private attorney will benefit your case.

Have questions? Call The Law Offices of Elliot S. Kay today!

Our firm is committed to providing the people of New York City with the powerful defense they need to protect their rights and fight for their futures. We understand that every case is unique, which is why every client receives the personalized and attentive representation they deserve. Our firm is experienced in all types of criminal cases, and our dedication and proven skill has led to Attorney Kay obtaining Not Guilty verdicts in 19 of his 25 most recent trials. If you would like to learn how our effective team can defend your case, contact a Bronx criminal defense attorney at our offices today!

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Bronx Criminal Defense Lawyer

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