Criminal Law: An Overview

To someone unfamiliar with the day-to-day workings of our criminal justice system, it can be overwhelming and frightening. A criminal charge can have a catastrophic impact on your life above and beyond the potential criminal penalties. At the Law Office of Greg Cholakis, we understand this, and never takes criminal accusations lightly. We investigate every facet of your case, and evaluate every piece of evidence against you. Small details can have a big impact on your case, and we will fight to protect your rights.

Most people who have been arrested realize that they need an attorney. However, most people who have not yet been arrested, or even charged with a crime, do not believe they need an attorney. Some who have been charged with a crime even think they should wait to see what happens in court before consulting and hiring an attorney.

When should you contact and hire and attorney? If you’ve been charged with a crime, you should absolutely consult an attorney immediately, and you should probably hire one as soon as you are able. People who have not been formally charged often don’t realize that they need to, or even can, consult or hire an attorney. In many cases this is the most critical time for you to be represented. Frequently the police will contact a person “to come down to the police station and discuss the case.” Many people unwittingly believe that they can “straighten everything out” if they simply meet with the police and discuss the case. It is extremely important to understand that, if you speak with the police regarding a pending investigation without first consulting and getting the advice of an attorney, you do so at your peril. Often, the evidence police gather before a person is formally charged is the most damaging evidence in the case; this can be the case regardless of whether a person is guilty of anything.

While I believe it is more important to obtain an experienced, competent attorney than to merely retain the first one you can afford or get in touch with, the best advice I can give is that you should consult with and retain that attorney as soon as practicable. Delays in hiring a quality attorney can greatly affect your rights, sometimes beyond repair. Evidence against you may be gathering, evidence in your favor can become compromised or lost altogether, witnesses can disappear, and your rights may be waived or ignored.

The Constitutions of the United States of America and the State of New York afford many rights to a person charged with a crime. Perhaps the most important right you have, one you should exercise immediately, is the right to be represented by an attorney at every stage of the case. You shouldn’t count on the system or hope for the best of luck: there is no substitute for having an experienced, aggressive attorney fighting for you. It’s the only way you can be sure your rights are being protected, your interests are being pursued, and your case is being properly defended.

If you or someone you know has been charged with a crime, or is concerned that they may be accused of a crime in the future, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation.

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