Frequently Asked Questions

Frequently Asked Questions about Criminal Defense

Get the Answers You Need from Our Bronx Criminal Defense Attorney

If you are charged with a crime in the Bronx, you likely have a number of questions about your charges, your rights, the potential penalties you face, and your defense options. At The Law Offices of Elliot S. Kay, we understand the stress and confusion that often comes with being arrested and/or accused of a crime; no matter the charges you face, we believe you deserve nothing less than attentive and aggressive 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. Read on to learn more or contact our Bronx criminal defense attorney for a free and confidential consultation.

What should I do if I am arrested?

If you are arrested, it is imperative that you do not resist the officer(s). 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 also imperative that you refrain from answering any questions until your lawyer is by your side, as 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 lead you to accidentally admit to a crime you did not commit. Your attorney can advise you on how to answer law enforcement’s questions to help ensure you do not incriminate yourself and that 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 for 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.

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 can greatly 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 team can defend your case, contact our offices at (646) 759-9233 today!


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    - Mita Rodriguez

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Case Results

  • Found Not Guilty Attempted Murder in the Second Degree
  • Dismissed of Charges Possession of a Weapon
  • Charges Dismissed Selling Narcotics
  • Charges Dismissed Bank Robbery
  • Case Dismissed Charged With Fraud
  • Found Not Guilty Domestic Violence
  • Charges Dismissed Rape in The First Degree
  • Found Not Guilty DWI
  • Found Not Guilty Gun-Point Robbery
  • Found Not Guilty DWI