Do I Need a Lawyer?
After being arrested or charged with a crime, most individuals find themselves asking, "Do I need a lawyer?" At the Law Firm of Yana A. Roy & Associates, P.C., we are here to tell you that you always need to consult an attorney to find out whether or not you need representation. If you are arrested, your first priority should be is to contact a New York criminal defense attorney.

If you are a victim of civil rights violation, police misconduct, fraud, assault, medical malpractice or you sustained a physical injury as a result of an accident, slip/trip or fall you need to contact an attorney right away. In all instances there are specific time frame limitations some as little as 10, 30 and 90 day periods following an event when you are required to notify insurance companies, city agencies and other authorities of your legal intentions. Failure to do so may result in you losing your right to bring legal action and recover monetary compensation from your case.

Once you meet with a lawyer, they will familiarize themselves with the facts of your case to determine whether or not you require their services. Should your legal situation require an attorney, our Firm will meticulously handle all aspects of your case, from start to finish.

Below we have included a list of some questions & answers that may help you figure out whether or not you are going to need a lawyer and what kinds of services and benefits you can expect to receive from your lawyer.

Criminal Defense FAQ's
If I am innocent, do I still need a lawyer?
Even if you are innocent, it doesn't necessarily mean that judges and jurors will agree with you. Unfortunately, your fate is not up to you, and if the judge or jury presiding over your case does not think you are innocent, you could be convicted and sentenced to harsh penalties. If you are innocent, you most certainly need to retain the services of Yana A. Roy & Associates, P.C., to assure that others are aware of your innocence too.

I'm only under investigation; no charges have actually been filed against me. Why would I need an attorney?
The investigative period is crucial to the future direction of a case, and it is vital that you have a New York criminal defense attorney to protect your rights and look out for you during the investigation. If you don't have legal protection from a lawyer, investigators and police will take advantage of this and may violate your rights if they know that no one will be there to hold them accountable. If you have representation from New York criminal defense attorney Yana A. Roy, she will be constantly aware of your rights and will take the necessary actions to protect them and prevent investigators from acquiring incriminating evidence.

There is so much evidence against me, why should I bother hiring an attorney if I'm going to be convicted anyway?
Even if conviction cannot be avoided, there are things a New York criminal defense lawyer can do to reduce the charges and acquire a lesser sentence. Using her strong negotiating skills, Yana A. Roy will try to negotiate a plea bargain or will try to convince the judge to give you a lesser sentence. With the help of a lawyer, the penalties you will face from a conviction may be considerably less than if you didn't have an attorney to negotiate on your behalf.

To find out how you can benefit from having a lawyer, call Yana A. Roy & Associates, P.C., today!

The Criminal Process
The criminal process can be complex and frustrating for people who are charged with crimes, especially for first time offenders who are unaware of what it entails. Between the deadlines, the legal jargon, and the overall pressure & unfamiliarity of the situation, the criminal process can quickly get to a person, making them feel depressed and discouraged. If you have been charged with a criminal offense, such as DUI, drug possession, assault, kidnapping, or any other type if crime in New York, you should look to an attorney to provide you with legal guidance and peace of mind during the criminal process. At the Law Firm of Yana A. Roy & Associates, P.C., we help guide clients just like you through the entire criminal process, providing them with much needed legal advice and expertise every step of the way.

Below we have included a general outline of the how the criminal process typically proceeds:

Arrest
After the police have probable cause to do so, they will place a person under arrest and take them into custody. After being arrested, you should always exercise your right to remain silent, and not answer any questions until you have spoken with your New York criminal defense lawyer.

Filing the Complaint
Prosecuting lawyers will file the appropriate documents with the Court, making allegations of the charges against you.

Arraignment/First Appearance
During the arraignment, you will be advised of your rights as well as the charges against you. Bail will typically be set during this time as well and your lawyer will enter a plea on your behalf which is usually a plea of not guilty.

Preliminary Hearing or Grand Jury
In cases of felony offenses, preliminary hearings or Grand Jury presentations will always be held to determine whether or not there is enough evidence to support the charges against you. If the judge or the Grand Jury determines that there is probable cause, the case will be sent to the Supreme Court for further criminal process and trial.

Arraignment in the Supreme Court
Once there is a determination that there is probable cause to support the charges, the prosecution will file a charging document called "Indictment' with the Supreme Court which will summarize the alleged charges you are facing. At this point a plea of guilty or not-guilty will be entered by your lawyer.

Pre-trial Conference
During this time, your attorney will speak with the prosecution and/or judge to get you the best possible plea-bargain or having your charges reduced or dismissed. This process includes your attorney filing the necessary motions pertaining to your particular case in order to protect your constitutional rights. Your lawyer can also provide information to help prove your innocence.

Trial
At the trial, your lawyer will speak on your behalf in front of a judge and/or jury and will present the case in a way that will try to prove your innocence. During the trial, opening statements will be made, witnesses will give testimony, and witnesses will be cross-examined after. After the closing arguments are made, the jury will deliberate to find you guilty or not guilty.

Sentencing
During the sentencing, the judge will determine and impose the punishment they think appropriate.

Appeals
If you are found guilty, your New York criminal defense attorney may file an appeal to have the verdict reversed. Appeals can only be filed in certain situations, so you will need to speak with your lawyer to determine whether or not you are eligible.

Parole and Post-Release Supervision
Those who are given parole are permitted to serve the remaining portion of their terms outside of prison. There are many restrictions and conditions placed upon parole and you will be supervised by a parole officer for the duration of the term. Post-Release supervision is a statutory period of time that is applicable to some of the criminal conviction and it involves a supervised period of time administered by the New York State Department of Probation.

Expungement
Expungement is the legal process which removes criminal charges & convictions from a person's record. In New York expungement of a criminal record is not available. You will need to speak with a New York criminal defense lawyer to find if about other ways you can be assisted to with your criminal record for the purpose of employment.

The Right Criminal Defense Attorney
There are many criminal defense attorneys throughout New York. How do you know which attorney will be right for you? We welcome you contact our offices for a free, confidential consultation regarding your unique case and charges.

One of the most important actions to take when facing any type of criminal charges, from DUI to murder, is to consult a criminal defense lawyer. You need to know what legal rights you have and what your options are in fighting your charges. Law enforcement is not on your side. They will seek to gather evidence, information or perhaps a confession in order to secure your fate. Even when trying to cooperate, you may inadvertently say or do something which is self-incriminating. You need a lawyer experienced in criminal defense to protect your rights and help you avoid making a fatal mistake that may cost you your liberty.

Taking on cases throughout New York City and surrounding areas, our Firm is confident that we can give you the valuable guidance and advice you need. We can provide you with valuable criminal defense resources and help you embark on this new process and can support you every step of the way. There is no obligation and no cost to consulting a lawyer at our firm - and this can make a major impact in your choices and therefore the outcome of your case. It doesn't matter if you're facing a first drug possession charge or serious allegations of domestic violence, having a skilled legal professional on your side can result in minimized penalties or possibly a not guilty verdict or dropped charges altogether.

Contact the Firm
If you or someone you know is facing criminal charges in New York City, or the surrounding areas in the state of New York, contact a New York City Criminal Defense Attorney today!