CRIMINAL DEFENSE

With the knowledge and experience of a former Assistant District Attorney and former Special Assistant District Attorney, Mc Carthy & Modelewski provides a highly qualified defense to clients charged with felony and misdemeanor crimes, DWI and other traffic offenses, and municipal code violations.  Mr. Mc Carthy prosecuted felony offenses while an assistant with the office of the Suffolk County District Attorney.

DEFENDANT'S RIGHTS

Every individual accused of a crime is entitled to counsel, and has the right to plead guilty or not guilty, and to demand a trial.  In New York, there are rights which enhance the rights found in the federal constitution (New York has a "speedier" speedy trial right) which a qualified attorney will be able to explain. 

CRIMINAL LAW

In New York, criminal offenses are prosecuted on behalf of The People of the State of New York by a District Attorney elected in each of New York's sixty-two counties. The New York State Penal Law provides for three types of criminal offenses, as determined by the Legislature.  The most serious is the felony crime, which is punishable by any state prison sentence in excess of one year and could include an additional fine. Misdemeanor crimes are less serious but, like the felony, carry the taint of a criminal conviction if found guilty after trial or by plea.  Misdemeanors carry a maximum penalty of one year in jail and / or a fine.  Violations are the least serious of offenses and are punishable by up to fifteen days in jail and / or a fine.  Legal representation by a qualified attorney as soon as a defendant comes in contact with the criminal justice system is strongly recommended.

ARRAIGNMENT

An arrest in New York is followed by an arraignment.  At the arraignment, the defendant is informed of his or her rights and receives notice of the offense charged. At the arraignment, the defendant will enter a formal plea of either guilty or not guilty to the charge(s).  If the defendant pleads guilty, he could be released or remain incarcerated pending sentence. If the case is not disposed of at this stage, the Court will decide if bail is appropriate.

THE CRIMINAL COMPLAINT AND THE INFORMATION

The complaint or information is an accusatory instrument divided into two parts, the accusatory part and the factual part.  A complaint must allege facts of an evidentiary nature supporting or tending to support the charges against the accused.  An information, to be legally sufficient, must include every element of the offense charged and the allegation that the defendant's conduct is known by some first hand (or "non-hearsay") account.

CRIMINAL RECORD OF THE ACCUSED

A record of contact with the criminal justice system is maintained on a statewide basis in New York.  The computer-generated document which details such contact is commonly called a NYSIS sheet, or, in TV parlance the "rap sheet".  The NYSIS sheet provides a physical description of the accused, including height, weight, race, social security number, date and place of birth.  It also contains the dates of all of the defendant's arrests, the charges filed against the defendant, and the disposition of all past cases. If the defendant has used any aliases, they will be listed as will all of the prior addresses given by the defendant at the time of prior arrests.   The content of a NYSIS sheet of course, often plays a key role in determining whether a plea offer will be made by the District Attorney early on in the process.  Its contents could also determine the length of jail time negotiated in a plea agreement.