Long Island Criminal Lawyer

At The Mirsky Law Firm, whether you want to maintain your innocence or you want to take responsibility for your actions and obtain a reduced sentence, we can help. We understand the emotion you are going through, and we want to defend your rights.

Over the last few decades, we have defended and won hundreds of DWI/DUI, arson, robbery, drug crimes, sex crimes, violation of parole and probation, sexual assault, and other criminal law cases. Our team of Long Island Drug Manufacturing Defense Attorneydefense attorneys have relationships with the district attorney’s (D.A.) office, courthouses, and local attorneys. Those relationships make us confident you won’t find better criminal defense attorneys in the state of New York.

Know Your Rights

Despite a great deal of talk about our constitutional rights, when it comes to the criminal justice system, many people really are not aware of precisely what their constitutional rights are. If you are arrested or become the subject of any criminal investigation, a basic understanding of your rights will serve you well. If you are charged with a crime or under investigation anywhere in or near New York City or Long Island, get legal help promptly and contact an experienced Long Island criminal defense attorney.

One of your key rights is the right to remain silent. Sure, if you are a charming speaker, you might be able to talk your way around a traffic ticket, but a criminal investigation is another matter entirely. When you’re being investigated for a crime, talking with the police is almost always a mistake. You have the right to have an attorney present during any and all questioning. Don’t be concerned about your “Miranda” rights. As long as you are not under arrest, the police do not have to tell you your Miranda rights, but you always have a right to remain silent and to have an attorney present during any questioning.

The primary job of police officers, aside from maintaining order, is to gather facts and collect statements when alleged crimes are reported – no more, no less.  In the performance of a police investigation to gather facts and statements, police officers may have to decide whether or not to take a person to jail for processing and arraignment (a formal reading of charges to be pursued), but they make this decision based on the facts and statements provided, not on their own legal analysis.

In most cases, it is a person’s own statements that end up hurting them the most.  Even though the statements may seem simple and innocent enough, police are not trained to dissect facts and apply rules of law, they are trained to follow a checklist, of sorts, basing their decision to make an arrest based on certain words (in many cases, not even full sentences), which are reported to them.

In fact, talking about a criminal case to anyone other than your attorney is never a good idea. A friend or family member could be interrogated by a prosecutor about your statements, so it’s better to refrain entirely from talking about your case. Don’t make your friends choose between loyalty and perjury.

You are never required to consent to an unwarranted search, but if a police officer has a search warrant, you must permit the search. If the police ask to conduct a warrantless search, you should insist on a warrant. A police officer has no right to detain you unless the officer has a reason to suspect that you committed a crime (or a traffic violation). If you are in doubt, simply ask the officer if you are free to go.

In the United States, anyone who is arrested on suspicion of a crime has the right to a speedy trial.  However, after an arrest, a person may be asked if they would like to waive certain rights, including their right to a speedy trial.  Generally, defense attorneys agree, the right to a speedy trial, as well as all other rights which the law allows, should not be waived, because they were put in place to protect individuals from overly harsh, unnecessary, and unfounded judicial punishment. The reason we enjoy the right to a speedy trial is because our constitutional framers understood that citizens have the right not to languish in a jail or prison before an actual guilty verdict has been conferred.

When a criminal suspect waives his or her right to a speedy trial, he or she is essentially saying to the prosecution, “Don’t worry, take as long as you like to craft your case, take as long as you like to find evidence against me”.

The point of bringing charges against a suspect is not so a case can be built – by the time charges are brought, the prosecution should already have a case and the evidence necessary to try that case.  If the prosecution doesn’t have a case or evidence prepared, one has to wonder why a person would be called in for a trial.

In criminal cases, you have the right to a trial “by jury.” If your case goes to trial, usually the first step in the trial process is selecting that jury. A jury “pool” will be assembled, and the judge and attorneys will examine the potential jurors. The final result will be a “jury of your peers.” After a jury is selected, a trial begins with an opening statement from the prosecution. The defense may make an opening statement at that time or may choose to wait until the prosecution completes its case. Both sides have the opportunity to examine and cross-examine witnesses and to introduce and challenge evidence. In closing statements, each side sums up its case. The judge then issues jury instructions, and the jury deliberates until it arrives at a verdict. Finally, the verdict is announced.

When you are a suspect in a criminal investigation, the choices you make during your first contact with the police can often mean the difference between conviction and acquittal. If you are charged with any crime in the New York City area, protect yourself and your rights and speak at once to an experienced Long Island criminal defense attorney. Our criminal defense lawyers have years of experience helping our accused clients handle their legal matters. We can answer your questions, help you learn about the charges you face, and provide you with legal representation every step of the way.

Hire A Long Island Criminal Defense Attorney

We want to help you gain the peace of mind that you will walk into the court with a Nassau County or Suffolk County criminal defense lawyer who will help the judge understand your side of the story. And we want you to leave the court knowing you had a proven attorney get you the best possible verdict. We want you to feel confident you hired an attorney who put maintaining your innocence priority.

If you live in New York, and you need a criminal defense attorney, to help prove your innocence or help get you a reduced sentence or fine, contact us. The longer you wait to make that call, the less time we have to review your case, discuss the matter with you, and prepare the best defense for your legal needs. If you are facing felony or misdemeanor criminal charges, call our office or fill out the form on this site today. Your freedom is at stake!