Is a Defendant Released After a Mistrial?

The occurrence of mistrials in the legal system has a profound impact on the judicial process and underscores the critical importance of safeguarding the rights of defendants. Mistrials not only disrupt ongoing trials but also serve as a vital mechanism for ensuring fair proceedings and upholding the principles of justice. As defendants navigate the complexities of the legal system, seeking experienced legal assistance becomes paramount in protecting their rights and securing a just outcome. 

If you or someone you know is facing the challenges of a mistrial, it is imperative to seek the guidance of a knowledgeable criminal defense lawyer. With in-depth knowledge of the legal system, a skilled attorney can provide invaluable support throughout the retrial process. Top-rated Long Island criminal defense attorney Jason Bassett has a background as a former prosecutor. As such, he is able to provide legal counsel that takes into account both the perspective of the prosecution and the defense in representing his client’s best interests. Attorney Bassett can help you understand the implications of a mistrial and explain the rationale for the timing of when prosecutors offer plea deals in criminal cases. Reach out to Criminal Attorney Jason Bassett at (631) 259-6060 today to schedule a consultation.

Mistrials in Legal Proceedings

A mistrial refers to a legal ruling by the court that invalidates the proceedings of a trial, typically due to some irregularity or error that significantly affects the fairness or integrity of the trial process. Essentially, it signifies that the trial did not reach a valid conclusion. When a mistrial is declared, the trial process is stopped, and the case may either be retried or dismissed.

In New York, mistrials can occur for various reasons, including:

• Jury Bias or Misconduct: If it is discovered that a juror has been biased or engaged in misconduct that could prejudice the outcome of the trial, the court may declare a mistrial. This can include instances where a juror has received external information or engaged in discussions about the case outside of the courtroom.
• Legal Error: Mistrials can also result from significant legal errors committed during the trial process. For example, if there was a serious violation of the defendant’s constitutional rights, such as the improper admission of evidence or misconduct by the prosecution or defense, the court may declare a mistrial.
• Inability to Reach a Unanimous Verdict: In certain cases, the jury may reach an impasse and be unable to reach a unanimous verdict. When the jury is deadlocked, and further deliberation is unlikely to lead to a verdict, the court may declare a mistrial.
• Unavailability of a key actor – A mistrial may be declared in the unexpected absence of a key actor in the trial (i.e. a judge, witness, lawyer) either due to sudden illness, death, or other circumstance.
• Issues with the jury selection process – The voir dire process serves the purpose of selecting jurors who can fulfill their duty with impartiality. In the event that a juror provided false information during voir dire or if attorneys engaged in improper practices when choosing jurors, it may lead to the declaration of a mistrial.

Implications of a Mistrial on the Defendant

When a mistrial is declared, it has several implications for the defendant. First and foremost, it means that the current trial proceedings are terminated, and the defendant is neither acquitted nor convicted. The case is essentially reset, and the defendant may face a retrial in the future.

Another important implication is that the defendant’s constitutional protection against double jeopardy is preserved. Double jeopardy prevents the defendant from being tried twice for the same offense. However, since the mistrial invalidates the initial trial, it does not trigger double jeopardy, allowing the prosecution to retry the case.

Furthermore, a mistrial can have both positive and negative effects on the defendant. On the one hand, it provides an opportunity for the defense to assess the weaknesses in the prosecution’s case and develop a stronger strategy for the retrial. On the other hand, it can prolong the legal process, causing emotional and financial strain on the defendant.

It’s important for defendants to consult with an experienced criminal defense lawyer in New York to understand the specific implications of a mistrial in their case and to navigate the legal procedures effectively.

Impact of a Mistrial on the Defendant’s Case

A mistrial can have a significant impact on the defendant’s case, shaping the course of subsequent proceedings and influencing the defendant’s legal rights. When a mistrial is declared, it means that the trial did not reach a valid conclusion, and the case may be retried or dismissed. When a mistrial occurs, one of the primary concerns is prolonged incarceration for a defendant while the possibility of a case retrial or dismissal is discussed. 

Temporary Release During a Mistrial

In some cases, the court may grant a temporary release to the defendant during a mistrial. This means that the defendant can be released from custody, pending the resolution of the mistrial and any subsequent proceedings. However, it’s important to note that the decision to grant temporary release is at the discretion of the court and will depend on several factors, including the nature of the charges, the defendant’s criminal history, and the potential risk to public safety.

Conditions for Release During a Mistrial

If the court decides to grant a temporary release to the defendant, it may impose certain conditions to ensure the defendant’s compliance with the law and to mitigate any potential risks. These conditions can vary depending on the circumstances of the case but may include:

• Bail or Bond: The court may require the defendant to post bail or a bond as a financial guarantee to ensure their appearance in future court proceedings.
• Travel Restrictions: The defendant may be restricted from traveling outside of a specified geographic area without permission from the court.
• Check-Ins and Reporting: The defendant may be required to regularly check in with a designated officer or agency and provide updates on their whereabouts.
• Electronic Monitoring: In some cases, the court may order the defendant to wear an electronic monitoring device, such as an ankle bracelet, to track their movements and ensure compliance with any imposed restrictions.

During the period of temporary release, the defendant may be subject to monitoring and supervision by the relevant authorities. This can involve periodic visits or phone calls from probation officers or other designated officials who will ensure that the defendant is adhering to the conditions of their release. Failure to comply with these conditions may result in the revocation of the temporary release and the defendant being taken back into custody.

Conditions for Release During a Mistrial	Description
Bail or Bond	The defendant may be required to post bail or a bond as a financial guarantee to ensure their appearance in future court proceedings.
Travel Restrictions	The defendant may be restricted from traveling outside of a specified geographic area without permission from the court.
Check-Ins and Reporting	The defendant may be required to regularly check in with a designated officer or agency and provide updates on their whereabouts.
Electronic Monitoring	In some cases, the court may order the defendant to wear an electronic monitoring device, such as an ankle bracelet, to track their movements and ensure compliance with any imposed restrictions.

Rights and Limitations of the Defendant During a Mistrial

While on temporary release during a mistrial, defendants retain certain rights protected under New York law. These rights may include:

• Presumption of Innocence: The defendant is presumed innocent until proven guilty and maintains the right to a fair trial.
• Legal Counsel: The defendant has the right to legal representation.
• Protection Against Self-Incrimination: The defendant has the right to remain silent and cannot be compelled to testify against themselves.

However, it’s important to note that the defendant’s rights may be subject to certain limitations and restrictions imposed by the court as part of their temporary release conditions. These limitations are designed to ensure the safety of the community and the integrity of the legal process.

It is crucial for defendants to consult with an experienced criminal defense attorney in New York to understand their specific rights, responsibilities, and limitations during a mistrial and temporary release.

Exceptions to Release After a Mistrial

While temporary release during a mistrial may be granted to defendants in certain cases, there are exceptions where the court may decide against releasing the defendant. 

Serious Offenses and Public Safety Concerns

In cases involving serious offenses or when there are significant concerns for public safety, the court may be less inclined to grant a temporary release to the defendant. Serious offenses such as violent crimes, offenses involving weapons, or those that pose a high risk to the community may lead the court to prioritize public safety over the defendant’s temporary release.

The court will carefully assess the circumstances surrounding the offense, the potential danger posed by the defendant, and any potential risk of reoffending when considering whether to release the defendant during a mistrial.

Flight Risk and Defendant’s Criminal History

One of the factors considered by the court when determining release during a mistrial is the assessment of the defendant’s flight risk. If there is evidence or reasonable suspicion that the defendant may attempt to flee or evade prosecution, the court may deny temporary release.

Additionally, the defendant’s criminal history can influence the decision. If the defendant has a history of failing to appear in court, a record of previous flight attempts, or a pattern of non-compliance with court orders, the court may view them as a higher flight risk and deny release.

Prosecution’s Arguments Against Release

During a mistrial, the prosecution may present arguments to the court opposing the defendant’s release. These arguments can be based on factors such as the severity of the charges, the strength of the evidence against the defendant, the potential harm posed to victims or witnesses, and any concerns related to witness tampering or obstruction of justice.

The prosecution may highlight any previous attempts by the defendant to interfere with the legal process, intimidate witnesses, or engage in activities that may undermine the fairness of the trial. These arguments aim to convince the court that the defendant’s release would compromise the integrity of the judicial proceedings or pose a risk to the administration of justice.

Judicial Discretion in Release Decisions

Ultimately, the decision to release a defendant during a mistrial rests with the judge, who exercises judicial discretion based on the specific circumstances of the case. The judge considers all relevant factors, including the seriousness of the offense, public safety concerns, flight risk, the defendant’s criminal history, and the arguments presented by the prosecution and defense.

Judicial discretion allows the judge to weigh the competing interests of the defendant’s right to release, the community’s safety, and the proper administration of justice. The judge’s decision aims to strike a balance between these factors, ensuring a fair trial while safeguarding public welfare.

It’s important for defendants facing a mistrial to consult with their legal representation to understand how these exceptions to release may apply to their specific case and to effectively present their arguments for release, if appropriate.

Bail Considerations During a Mistrial

During a mistrial in New York, bail considerations play an important role in determining the defendant’s status while awaiting further proceedings. 

Modifying Bail Amounts

During a mistrial, the court also has the authority to modify the bail amount previously set for the defendant. The court may increase or decrease the bail amount based on the reassessment of the case and the defendant’s circumstances.

If the court determines that the existing bail amount is insufficient to ensure the defendant’s appearance or the safety of the community, it may choose to raise the bail amount. Conversely, if the court finds that the initial bail amount is excessive or no longer necessary, it may reduce the bail to a more appropriate level.

The decision to modify the bail amount is typically based on factors such as the severity of the charges, the defendant’s ties to the community, financial resources, and any additional information or evidence presented during the mistrial proceedings.

Impact of Defendant’s Conduct on Bail

The defendant’s conduct during the mistrial can significantly impact bail considerations. If the defendant engages in behavior that undermines the administration of justice, such as attempting to intimidate witnesses, tampering with evidence, or violating any court orders, it may result in bail being revoked or increased.

Conversely, if the defendant demonstrates good behavior, complies with court orders, and presents a low risk of flight or danger to the community, it may have a positive impact on their bail status. The court may consider the defendant’s conduct as a mitigating factor when determining whether to modify bail conditions or amounts.

It’s important for defendants to understand that their actions and behavior during a mistrial can influence the court’s decision regarding bail. Adhering to the terms of bail and conducting oneself appropriately throughout the proceedings can help establish a favorable impression and potentially lead to more favorable bail conditions.

Legal Procedures Following a Mistrial

After a mistrial is declared in a criminal case in New York, there are specific legal procedures that come into play. 

Retrial or Dismissal of the Case

Following a mistrial, the court may decide to pursue a retrial or dismiss the case entirely. The determination of whether to retry the defendant depends on several factors, such as the nature of the mistrial, the strength of the evidence, and the interests of justice. It is at the discretion of the prosecution to decide whether to proceed with a retrial or not.

If the prosecution decides to retry the case, the legal process will resume, and the defendant will face a new trial. On the other hand, if the case is dismissed, it means that the charges against the defendant are dropped, and they will no longer face prosecution for the specific offense that led to the mistrial. However, it’s important to note that the dismissal of the case does not prevent the prosecution from pursuing other charges related to the same incident, if appropriate.

Double Jeopardy and Mistrials

Double jeopardy is a constitutional protection that prevents individuals from being tried twice for the same offense. However, mistrials do not trigger double jeopardy since they do not result in a final judgment. If a mistrial is declared, it means that the original trial did not reach a valid conclusion, and the case can be retried without violating the double jeopardy principle.

However, it’s important to note that once a retrial commences and the prosecution presents its case, double jeopardy protection attaches. If the defendant is acquitted or convicted after the retrial, they cannot be retried again for the same offense. Double jeopardy only applies once the retrial reaches a final judgment, whether it be an acquittal or a conviction.

Factors Influencing Retrial Decision

Several factors influence the decision to proceed with a retrial after a mistrial. Some of these factors may include:

• Importance of the Case: The significance of the case and the public interest it generates may influence the prosecution’s decision to pursue a retrial.
• Strength of the Evidence: The strength or weakness of the evidence presented during the mistrial can impact the likelihood of a retrial. If the evidence is weak or insufficient, the prosecution may be less inclined to retry the case.
• Witness Availability: The availability and cooperation of witnesses are crucial for a retrial. If key witnesses are no longer available or willing to testify, it may affect the decision to proceed with a retrial.
• Impact on the Justice System: The impact of the mistrial on the fairness and integrity of the justice system may be considered. If the mistrial resulted from significant errors or misconduct, the prosecution may reassess the case and determine whether a retrial is appropriate.

In some cases, the judge may decide to dismiss the case “with prejudice” meaning that the prosecution may not be able to retry the case. 

Timelines and Deadlines for Retrials

In New York, there are specific timelines and deadlines for retrials following a mistrial. Generally, the prosecution has the discretion to set the date for the retrial within a reasonable timeframe. The defendant also has the right to a speedy trial even after a mistrial. The exact timelines may vary depending on the circumstances of the case, court availability, and other factors. It’s essential for both the defense and prosecution to adhere to these timelines to ensure a fair and efficient retrial process.

The circumstances surrounding mistrials and retrials on Long Island can be complex and require the assistance of a skilled defense attorney. It is highly recommended to retain counsel experienced in handling mistrial cases.

Consequences of a Mistrial for the Defendant

When a mistrial is declared in a criminal case in New York, it can have various consequences for the defendant.

A mistrial can significantly impact subsequent trials for the defendant. It provides an opportunity for the defense to reassess the strengths and weaknesses of their case and develop a stronger strategy for the retrial. The defense can learn from the mistakes or shortcomings of the previous trial and make adjustments to present a more effective defense in subsequent proceedings.

It’s important to note that a mistrial does not guarantee a specific result in subsequent trials. The defendant may still face challenges, and the prosecution will likely refine its case just like how the defense has an opportunity to improve its case. However, the mistrial allows for an opportunity to regroup and potentially improve the defendant’s position.

Retaining Legal Representation for Retrial

Retaining legal representation is crucial for defendants facing a retrial after a mistrial. An experienced criminal defense attorney can provide valuable guidance throughout the legal process, analyze the case’s strengths and weaknesses, and develop an effective defense strategy for the retrial.

The attorney will review the evidence presented during the mistrial, assess any new information or developments, and identify any legal issues or procedural errors that may be beneficial to the defendant’s case. They will advocate for the defendant’s rights, challenge the prosecution’s evidence, and ensure that the defendant’s interests are protected throughout the retrial proceedings.

Financial Costs and Resources Involved

Mistrials can also have financial implications for the defendant. The costs associated with legal representation, expert witnesses, investigation, and other trial-related expenses can accumulate over time. The defendant may need to consider the financial resources required to mount an effective defense during the retrial.

Psychological and Emotional Impact on the Defendant

A mistrial does not mean an acquittal of the charges. In the absence of a judgment stating that the case is dismissed, a mistrial can still result in a retrial. A mistrial can have a significant psychological and emotional impact on the defendant. The uncertainty and stress associated with the trial process can be intensified by the mistrial, as the defendant may experience a range of emotions, including frustration, disappointment, and anxiety.

The defendant may feel the weight of the ongoing legal proceedings and the need to prepare for the retrial, which can take a toll on their mental well-being. It’s important for defendants to seek support from loved ones, consider counseling or therapy services, and engage in self-care practices to address the psychological and emotional impact of a mistrial.

Seeking Legal Advice After a Mistrial

After a mistrial is declared in a criminal case in New York, seeking legal advice becomes crucial for defendants. Consulting a criminal defense lawyer is of utmost importance after a mistrial. A skilled lawyer widely experienced in criminal defense can provide valuable guidance and support throughout the legal process. They have the necessary experience to navigate the complexities of retrials and can ensure that the defendant’s rights are protected.

A defense lawyer will carefully review the circumstances surrounding the mistrial, analyze the evidence presented during the trial, and identify any legal issues or procedural errors that may benefit the defendant’s case. They will provide personalized advice, address the defendant’s concerns, and guide them through the necessary steps to prepare for the retrial effectively.

Evaluating the Case and Preparing for Retrial

After a mistrial, it is crucial to evaluate the case and prepare for the upcoming retrial. This involves a comprehensive analysis of the evidence presented during the mistrial and identifying areas that require strengthening or refutation. An effective defense lawyer will work closely with the defendant to develop a strategic plan for the retrial.

The lawyer will gather additional evidence, interview witnesses, consult with experts if necessary, and ensure that all legal requirements are met for the retrial. They will assess the strengths and weaknesses of the case and develop a robust defense strategy to present the defendant’s best possible case in the subsequent trial.

Exploring Defense Strategies and Options

In the aftermath of a mistrial, exploring defense strategies and options is essential for the defendant. A skilled defense lawyer will analyze the case from various angles, considering the evidence, witness testimonies, and legal principles, to determine the most effective defense strategies.

This may involve challenging the admissibility of certain evidence, cross-examining witnesses, presenting alternative theories of the case, or identifying constitutional violations. The defense lawyer will explore all available options to protect the defendant’s rights and strive for a favorable outcome in the retrial.

Understanding Legal Rights and Remedies

After a mistrial, it is important for defendants to have a clear understanding of their legal rights and remedies. A knowledgeable defense lawyer has the means to educate the defendant on their rights throughout the retrial process, such as the right to a fair trial, the right to legal representation, and the right against self-incrimination.

The lawyer will explain the potential legal remedies available to the defendant, such as filing motions to suppress evidence, challenging witness credibility, or seeking dismissals based on legal grounds. Understanding these rights and remedies empowers the defendant to actively participate in their own defense and make informed decisions during the retrial.

Working with Experienced Long Island Criminal Defense Attorney Jason Bassett

The aftermath of a mistrial can cause a great deal of uncertainty for a defendant especially when their liberty is at stake. If you or your loved one is facing the complexities involved with a mistrial, seeking skilled legal representation is of utmost importance.

Long Island criminal defense attorney Jason Bassett has defended the rights of Suffolk County residents in various criminal and civil cases. He can evaluate your case in preparation for a retrial and provide compassionate but aggressive representation to protect your rights and liberty. He can help you navigate the legal complexities surrounding mistrials in the interest of securing the best possible outcome in your case. To schedule a consultation with Criminal Attorney Jason Bassett, contact and call us at (631) 259-6060 today.

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When Do I Actually Enter A Plea of “Guilty” or “Not Guilty”?

At the State Level, on all Indicted Felonies, Misdemeanors, and Violations you would plead “Not Guilty” at the arraignment (a Violation is not a crime as defined under New York State Law but can be punished by up to 15 days in jail). On Unindicted Felonies, you would enter a general denial at the arraignment and would only enter in a plea of “Not Guilty” only after the matter was indicted by a Grand Jury. At the Federal Level, as to all charges you would put in your plea of ‘Not Guilty” at the Initial Appearance. In both the State and Federal Courts, pleas of “Guilty” are almost always taken later in the process. Speak with an experienced Long Island federal defense attorney to discuss the specific details of your case.

Contact the law office of Criminal Attorney Jason Bassett today at (631) 259-6060 to schedule a consultation.

What is a Plea Hearing?

A plea hearing constitutes a formal legal process in which a defendant formally addresses criminal charges levied against them. During this phase, the defendant may choose to proclaim their innocence, admit guilt, or opt for a “nolo contendere” (no contest) plea. The specific timing of this hearing can vary, depending on whether the case falls under state or federal jurisdiction.

Picture yourself in a situation where you’ve been arrested for either a misdemeanor or felony offense. It’s the responsibility of the district attorney to decide whether to file charges, initiating the legal proceedings. In misdemeanor cases, typically, the defendant enters their plea during the initial appearance, skipping the need for a preliminary hearing. Conversely, felony cases involve a more intricate process. After a preliminary hearing and arraignment, a status conference might be convened to explore the possibility of resolving the case without going to trial. If no resolution is reached, the case proceeds to the plea hearing and, potentially, a trial.

It’s crucial to differentiate between plea hearings and plea bargains as they play distinct roles within the legal system. A plea hearing is a formal court proceeding presided over by a judge, involving all relevant parties, and represents the final opportunity to settle the case before proceeding to trial. If an agreement is reached, the defendant typically enters a plea of “guilty” or “no contest.” In contrast, a plea bargain is an informal negotiation between the prosecutor and the defense, which may lead to the defendant having the option to plead guilty to a lesser charge or receive a reduced sentence. Notably, plea bargains are responsible for resolving more than 90% of cases without the necessity of a trial.

Working with a skilled attorney can help in getting a better understanding of the legal system and how plea hearings work. Consult a skilled Long Island criminal defense attorney today for more information.

Will My Attorney And I Have Access To Discovery Prior To Entering A Plea Of Guilty Or Not Guilty?

At the Federal level, in virtually all cases the attorney for the defendant will have discovery before any sort of plea negotiations are entered into. At the State Court Level, the prosecution has to provide discovery no later than 15 days after the defendant’s arraignment (although in some cases that time may be extended by 30 days with the permission of the Court). If the State Court prosecutor makes a Pre-Indictment offer requiring a plea to a crime, the prosecutor has to disclose all discovery not less than three calendar days prior to the expiration date of the offer. If it is either an indicted felony or a misdemeanor, when a prosecutor makes an offer requiring a plea to a crime, they must disclose discovery not less than 7 calendar days prior to the expiration date of the offer.

How Often Will I Need To Appear In Court During The Course Of My Case?

How often you will have to appear during the course of your case can vary pretty widely depending on the individual judge and the level of the crime charged. On an open criminal matter, there’s normally an appearance approximately once a month for both State and Federal cases. The period between court appearances can be longer or shorter depending on the specific circumstances of the case. At each court appearance, a variety of things can happen: the prosecutor and the defense attorney may negotiate matters related to the case; the prosecutor may provide discovery; future matters may be scheduled; written motion can be filed; evidentiary hearings and even a trial may result.

Should I Start Pre-Trial Voluntary Counseling For My Criminal Case on Long Island?

First and foremost, if someone feels that they need some sort of counseling then regardless of the effects on their case they should go forward with it. I have never known the decision to engage in counseling (whether it be for emotional issues or regarding substance abuse) to negatively impact a case. At worst it may have no effect on the case, but often it can convince a prosecutor to make a better plea. If someone has taken it upon themselves to seek some sort of counseling without it being required, it can often persuade a prosecutor that this is someone who is sincerely trying to change and should be given a chance.

Should I Cooperate With Law Enforcement? Does That Really Help Me With My Criminal Case?

First off, whether it be at the Federal Level or the State Level, you should only be speaking with any law enforcement authorities with your attorney involved every step of the way. It’s a very fact-specific determination whether or not you should try and work with the authorities and cooperate, either as a witness or a confidential informant. Under the right circumstances, cooperating with the authorities can be to a person’s advantage. Very often prosecutors will give a very favorable plea offer to someone who cooperates, whether that be through providing information, acting as an informant, and/or eventually testifying against someone else. If one eventually pleads guilty to a crime in Federal Court, one of the things specifically considered at sentencing is any cooperation the defendant has provided to the government. While it may be in your interest to cooperate, your attorney must first evaluate the strength of the prosecutor’s case so you can compare the likelihood of conviction and the possible sentence so you can properly judge the value of what the prosecutor is offering you.

Can My Attorney Have My Federal Or State Felony Charges Reduced To Lesser Offenses?

It is possible to have charges reduced under a variety of circumstances. I can often convince the prosecutor that the evidence isn’t sufficient to sustain the present charges. An Experienced Criminal Defense Attorney like myself can often point out the weaknesses in the prosecutor’s case and convince them to reduce the charges. Sometimes charges are reduced because the defense attorney has filed written motions asking the court to reduce the charges based on legal challenges. Most plea bargains include an agreement to plead guilty to reduced charges.

What happens during Arraignment?

An arraignment is the first appearance in court for anyone arrested. The arraignment does not constitute a criminal trial. During your arraignment, the prosecution will present to the judge a criminal charge sheet that will detail the charges against you. Based on the evidence collected by the police and your criminal history, the prosecutor will prepare a criminal complaint. The charges may be different from what you expect. It is important to have a New York criminal attorney at your arraignment. This is because there are important issues such as bail and your initial plea.

What happens after Arraignment?

There are many ways a criminal case could proceed after arraignment. Your New York criminal arraignment lawyer will be there to represent you throughout the process. Motions and hearings will be held if the charge is a misdemeanor. If there is no agreement to plead guilty, the case will go to trial.

If the charge is a felony, the case will be referred to a grand jury. If the grand jury indicts the defendant, there will be a Supreme Court hearing followed by a series of motions and hearings. If the defendant doesn’t plead guilty, the case will go to trial.

For more information on Whether To Plead “Guilty” Or “Not Guilty”, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Topic	Description
Access to Discovery Prior to Entering a Plea	Federal defense attorneys typically have pre-plea discovery. State courts require prosecution to disclose within specific timeframes, varying by circumstances.
Frequency of Court Appearances During a Case	Court appearances typically occur monthly in both State and Federal cases, but frequency varies based on case specifics.
Pre-Trial Voluntary Counseling for Criminal Cases	Counseling often helps and rarely harms a case. It may lead to better pleas, showing a commitment to change.
Cooperation with Law Enforcement	Cooperation can benefit when done with legal counsel. It may lead to favorable plea offers for informants or witnesses.
Reduction of Federal or State Felony Charges	Experienced defense attorneys can reduce charges through negotiation or by pointing out case weaknesses.
Arraignment Process	Arraignment is the initial court appearance for arrestees, addressing crucial issues like bail and pleas. Legal representation is vital.
Proceedings After Arraignment	Post-arraignment proceedings vary; misdemeanors involve motions and hearings, while felonies may include grand jury involvement and Supreme Court hearings.

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What Is Considered Aggravated Assault Under New York State Law?

The term “aggravated assault” is commonly heard in the context of criminal offenses. This phrase carries significant meaning, often associated with intense conflicts and serious injuries. It’s important to understand the exact definition of aggravated assault, especially according to New York State Law. This article aims to offer a clear and thorough comprehension of this serious offense. It will explain the key elements that define it, potential penalties, and the intricacies of its application within the legal framework of New York.

In any criminal case, the role of a defense attorney is pivotal, and this remains true for charges of aggravated assault. A well-informed defense attorney with specific experience in New York assault cases can provide essential guidance within the complex legal system. Top-rated Long Island assault defense attorney Jason Bassett can help interpret the intricate legal language associated with assault charges, evaluate the strengths and weaknesses of the prosecution’s argument, and create a strong defense approach. His skills and experience is highly valuable in navigating the intricate journey from being charged to ultimately resolving the case. Contact the law office of Criminal Attorney Jason Bassett today at (631) 259-6060 to schedule a consultation.

Under New York State law, there are three crimes that are labeled as forms of Aggravated Assault. First, there is Aggravated Vehicular Assault (Penal Law 120.04-A) which is charged when it is alleged that a person engaged in reckless driving, committed the crime of Vehicular Assault in the Second Degree, and one of the following:

1. Drove with a 0.18 percent blood alcohol content;
2. Drove with a suspended or revoked license;
3. Has been convicted of a DWI within the past 10 years;
4. Caused serious physical injury to more than one person;
5. Had been convicted of Vehicular Manslaughter; or,
6. Had a child 15 years old or younger in the car as a passenger and caused serious physical injury to that child.

Second, there is Aggravated Assault Upon a Police Officer or a Peace Officer (Penal Law 120.11) which is charged when it is alleged that someone intended to cause serious physical injury to a person who they knew or reasonably should have known was a police officer or a peace officer engaged in the course of performing their official duties.

Finally, there is Aggravated Assault Upon a Person Less than 11 Years Old (Penal Law 120.12) which is charged when it is alleged that a person committed a misdemeanor assault upon a person less than 11 years old and had been previously convicted of such a crime on a person less than 11 years old within the preceding 10 years.

Type of Aggravated Assault	Description
Aggravated Vehicular Assault (Penal Law 120.04-A)	Charged when reckless driving resulted in Vehicular Assault in the Second Degree and involved: Blood alcohol content of 0.18 percent, driving with suspended or revoked license, DWI conviction within the past 10 years, causing serious injury to more than one person, conviction of Vehicular Manslaughter, child 15 years or younger in car, causing serious injury to the child.
Aggravated Assault Upon a Police Officer or a Peace Officer (Penal Law 120.11)	Charged when intending to cause serious physical injury to a police officer or peace officer engaged in official duties.
Aggravated Assault Upon a Person Less than 11 Years Old (Penal Law 120.12)	Charged when committing a misdemeanor assault upon a person less than 11 years old and having a previous conviction for the same within the last 10 years.

Is Aggravated Assault in New York State a Misdemeanor or a Felony Charge?

All three forms of Aggravated Assault are felony charges.

If A Weapon Is Alleged To Be Involved In An Assault, Does That Constitute A Felony Charge?

If a weapon is alleged to be involved in an assault, it will be a felony charge. If a person is accused of causing an injury with a deadly weapon or a dangerous instrument, that will be charged with Assault in the Second Degree (Penal Law 120.05-2), which is a Class D violent felony. If a person is accused of causing a serious physical injury with a deadly weapon or a dangerous instrument will be charged with Assault in the First Degree (Penal Law 120.10-1), which is a Class B violent felony.

What Are The Penalties For Felony Or Aggravated Assault Under New York State Law?

For an Assault in the Second Degree, the maximum penalty is 7 years in prison. For someone who is not a predicate felon, the minimum sentence is 2 years. For someone with a predicate felony, the minimum sentence is 4 years. For someone with a violent predicate felony, the minimum sentence is 5 years. For Assault in the First Degree, the maximum penalty is 25 years in prison. For someone who is not a predicate felon, the minimum sentence is 5 years. For someone with a predicate felony, the minimum sentence is 8 years, while for someone with a violent predicate felony, the minimum sentence is 10 years.

Is Aggravated Assault a Felony?

In the state of New York, aggravated assault is classified as a felony. This is a serious criminal charge that involves an intent to cause serious physical injury to another person, and actually causing such severe injury. In many cases, the use of a deadly weapon or dangerous instrument is involved, adding to the severity of the offense.

The New York Penal Law (NY Penal Law § 120.10) categorizes aggravated assault under varying degrees, from third to first, all of which are felonies. The degree is determined by several factors such as the severity of the injury, the age of the victim, whether a weapon was used, and the intent of the perpetrator.

Convictions for these offenses can result in severe penalties, including lengthy prison sentences, hefty fines, probation, and the permanent stigma of a felony record. The specific penalties will vary based on the degree of the felony and the circumstances of each case.

It’s important to note that any form of assault charge in New York is a serious matter requiring immediate legal attention. If you find yourself facing such charges, it is crucial to seek the counsel of an experienced New York criminal defense attorney to help navigate the complexities of the legal system.

What Are Some Possible Defenses To Felony Or Aggravated Assault Charges In New York State?

As for any criminal charge, assault charges can be defended by demonstrating that the prosecution cannot prove guilt beyond a reasonable doubt. This can be accomplished by showing that any witnesses who identify the defendant as the perpetrator are either lying or mistaken. An assault can be defended by showing that there was insufficient physical injury to make out the charge. Another way to defend the case is to show that the defendant acted in self-defense or in defense of another.

For more information on Assault Charges In New York, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-considered-aggravated-assault-under-new-york-state-law/ What Is Considered Aggravated Assault Under New York State Law?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-is-considered-aggravated-assault-under-new-york-state-law/

Sealing Criminal Convictions

Long after any sentence has been served, a criminal record can continue to wreak havoc with your life and limit your opportunities to build your future. It can make it almost impossible to find a decent job. You may be denied housing or disqualified from receiving public benefits. You can find yourself being rejected from educational programs and denied certain professional licenses. It can seem that you will have to carry your past mistakes around with you for the rest of your life. What can you do? Who can you turn to for help?

A New York criminal defense attorney can be an invaluable ally in such circumstances. Equipped with extensive knowledge of the law and the legal system, an attorney can help you navigate the complex path towards restoring your life. A skilled lawyer can offer legal counsel on possible avenues for expunging or sealing your criminal record, a process that can significantly reduce the negative impacts of your past criminal history. Suffolk County criminal attorney Jason Bassett can help you understand your rights, and aggressively advocate for you, challenging any unjust practices and fighting to ensure that your past does not control your future. With his support, you can work towards overcoming the barriers imposed by your past mistakes and move forward with renewed hope and purpose. Contact the law office of Criminal Attorney Jason Bassett today at (631) 259-6060 to schedule a consultation.

Unlike some other states, New York has no laws to erase or “expunge” criminal convictions. However, New York does have a process under New York Criminal Procedure Law Section 160.59 called “sealing.” This process can be deceptively complex and full of pitfalls for anyone not familiar with the application of this law. You need an experienced and aggressive criminal defense attorney to guide you through the process. The Law Offices of Jason Bassett, P.C. helps people get their criminal convictions sealed so they can move on with their lives. You may now be asking yourself, “Can I get my criminal record sealed?”

To be eligible for sealing, you need to have been crime-free for at least 10 years since the date of your last conviction or release from jail/prison. Generally, you can only make a motion to have up to 2 misdemeanor convictions or 1 felony and 1 misdemeanor conviction sealed. However, even if you have more than 2 convictions, they may all be eligible for sealing if they are related to the same 1 or 2 incidents. For example, if you were charged and convicted of multiple crimes during a single incident, the court may decide to treat the multiple convictions as 1 conviction. Sex offenses along with violent felonies and other serious felonies are not eligible for sealing (see “List of Offenses Not Eligible for Sealing” below). You cannot apply to have any convictions sealed if you have a current criminal case pending. Once a court approves your motion, all official court and Division of Criminal Justice Services records relating to those specific arrests, prosecutions, and convictions will be sealed. Members of the public – including employers and housing agencies – cannot see any conviction that is sealed. Sealed criminal convictions can only be seen by federal, state, and local law enforcement and a limited number of state agencies (see “List of Agencies Who Can See Sealed Convictions” below).

To have the best possible chance of succeeding on a motion to seal criminal convictions, under N.Y. C.P.L. Section 160.59, you need a skilled and experienced criminal lawyer to prepare your motion and, if necessary, argue in court on your behalf. The Law Offices of Jason Bassett, P.C. will interview you and evaluate your prior record, obtain all the necessary information and documentation, and prepare a comprehensive motion to convince the court that you deserve a second chance. Jason Bassett, Esq. brings a unique combination of skill, experience, and zealous advocacy to the representation of all clients. He has dedicated his practice to protecting the rights of individuals, and that includes the right to escape the limitations that criminal records can often impose. Let the Law Offices of Jason Bassett, P.C. help you get some of your life back.

List Of Offenses Not Eligible For Sealing:

Sex Offenses:

• PL §130.20 – Sexual Misconduct
• PL §130.25 – Rape 3rd Degree
• PL §130.30 – Rape 2nd Degree
• PL §130.35 – Rape 1st Degree
• PL §130.40 – Criminal Sexual Act 3rd Degree
• PL §130.45 – Criminal Sexual Act 2nd Degree
• PL §130.50 – Criminal Sexual Act 1st Degree
• PL §130.52 – Forcible Touching
• PL §130.53 – Persistent Sexual Abuse
• PL §130.55 – Sexual Abuse 3rd Degree
• PL §130.60 – Sexual Abuse 2nd Degree
• PL §130.65 – Sexual Abuse 1st Degree
• PL §130.65-a – Aggravated Sexual Abuse 4th Degree
• PL §130.66 – Aggravated Sexual Abuse 3rd Degree
• PL §130.67 – Aggravated Sexual Abuse 2nd Degree
• PL §130.70 – Aggravated Sexual Abuse 1st Degree
• PL §130.75 – Course of Sexual Conduct Against a Child 1st Degree
• PL §130.80 – Course of Sexual Conduct Against a Child 2nd Degree
• PL §130.85 – Female Genital Mutilation
• PL §130.90 – Facilitating a Sex Offense with a Controlled Substance
• PL §130.91 – Sexually Motivated Felony
• PL §130.95 – Predatory Sexual Assault
• PL §130.96 – Predatory Sexual Assault Against a Child
• PL §263.05 – Use of a Child in a Sexual Performance
• PL §263.10 – Promoting an Obscene Sexual Performance by a Child
• PL §263.11 – Possessing an Obscene Sexual Performance by a Child
• PL §263.15 – Promoting a Sexual Performance by a Child
• PL §263.16 – Possessing a Sexual Performance by a Child
• PL §263.30 – Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol
• Any conviction that requires you to register as a Sex Offender

Homicide Offenses:

• PL §125.10 – Criminally Negligent Homicide
• PL §125.11 – Aggravated Criminally Negligent Homicide
• PL §125.12 – Vehicular Manslaughter 2nd Degree
• PL §125.13 – Vehicular Manslaughter 1st Degree
• PL §125.14 – Aggravated Vehicular Homicide
• PL §125.15 – Manslaughter 2nd Degree
• PL §125.20 – Manslaughter 1st Degree
• PL §125.21 – Aggravated Manslaughter 2nd Degree
• PL §125.22 – Aggravated Manslaughter 1st Degree
• PL §125.25 – Murder 2nd Degree
• PL §125.26 – Aggravated Murder
• PL §125.27 – Murder 1st Degree
• PL §125.40 – Abortion 2nd Degree
• PL §125.45 – Abortion 1st Degree
• PL §125.50 – Self-Abortion 2nd Degree
• PL §125.55 – Self Abortion 1st Degree
• PL §125.60 – Issuing Abortion Articles

Class A Felony Offenses:

• Any Class A felony offense

Class B Violent Felony Offenses:

• PL §110/125.25 – Attempted Murder 2nd Degree
• PL §110/135.25 – Attempted Kidnapping 1st Degree
• PL §110/150.20 – Attempted Arson 1st Degree
• PL §125.20 – Manslaughter 1st Degree
• PL §125.22 – Aggravated Manslaughter 1st Degree
• PL §130.35 – Rape 1st Degree
• PL §130.50 – Criminal Sexual Act 1st Degree
• PL §130.70 – Aggravated Sexual Abuse 1st Degree
• PL §130.75 – Course of Sexual Conduct Against a Child 1st Degree
• PL §120.10 – Assault 1st Degree
• PL §135.20 – Kidnapping 2nd Degree
• PL §140.30 – Burglary 1st Degree
• PL §150.15 – Arson 2nd Degree
• PL §160.15 – Robbery 1st Degree
• PL §230.34(5)(a)&(b) – Sex Trafficking
• PL §255.27 – Incest 1st Degree
• PL §265.04 – Criminal Possession of a Weapon 1st Degree
• PL §265.09 – Criminal Use of a Firearm 1st Degree
• PL §265.13 – Criminal Sale of a Firearm 1st Degree
• PL §120.11 – Aggravated Assault upon a Police Officer or a Peace Officer
• PL §120.07 – Gang Assault 1st Degree
• PL §215.17 – Intimidating a Victim or Witness 1st Degree
• PL §490.35 – Hindering Prosecution of Terrorism 1st Degree
• PL §490.40 – Criminal Possession of a Chemical Weapon or Biological Weapon 2nd Degree
• PL §490.47 – Criminal Use of a Chemical Weapon or Biological Weapon 3rd Degree

Class C Violent Felony Offenses:

• An attempt to commit any of the Class B felony offenses listed above
• PL §125.11 – Aggravated Criminally Negligent Homicide
• PL §125.21 – Aggravated Manslaughter 2nd Degree
• PL §130.67 – Aggravated Sexual Abuse 2nd Degree
• PL §120.08 – Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services Professional
• PL §120.09 – Assault on a Judge
• PL §120.06 – Gang Assault 2nd Degree
• PL §121.13 – Strangulation 1st Degree
• PL §140.25 – Burglary 2nd Degree
• PL §160.10 – Robbery 2nd Degree
• PL §265.03 – Criminal Possession of a Weapon 2nd Degree
• PL §265.08 – Criminal Use of a Firearm 2nd Degree
• PL §265.12 – Criminal Sale of a Firearm 2nd Degree
• PL §265.14 – Criminal Sale of a Firearm with the Aid of a Minor
• PL §265.19 – Aggravated Criminal Possession of a Weapon
• PL §490.15 – Soliciting or Providing Support for an Act of Terrorism 1st Degree
• PL §490.30 – Hindering Prosecution of Terrorism 2nd Degree
• PL §490.37 – Criminal Possession of a Chemical Weapon or Biological Weapon 3rd Degree

Class D Violent Felony Offenses:

• An attempt to commit any of the Class C violent felony offenses listed above
• PL §120.02 – Reckless Assault of a Child
• PL §120.05 – Assault 2nd Degree
• PL §120.18 – Menacing a Police Officer or Peace Officer
• PL §120.60 – Stalking 1st Degree
• PL §121.12 – Strangulation 2nd Degree
• PL §130.30 – Rape 2nd Degree
• PL §130.45 – Criminal Sexual Act 2nd Degree
• PL §130.65 – Sexual abuse 1st Degree
• PL §130.80 – Course of Sexual Conduct Against a Child 2nd Degree
• PL §130.66 – Aggravated Sexual Abuse 3rd Degree
• PL §130.90 – Facilitating a Sex Offense with a Controlled Substance
• PL §135.35 (3)(a)&(b) – Labor Trafficking
• PL §265.02 (5), (6), (7), (8), (9) or (10) – Criminal Possession of a Weapon 3rd Degree
• PL §265.11 – Criminal Sale of a Firearm 3rd Degree
• PL §215.16 – Intimidating a Victim or Witness 2nd Degree
• PL §490.10 – Soliciting or Providing Support for an Act of Terrorism 2nd Degree
• PL §490.20 – Making a Terroristic Threat
• PL §240.60 – Falsely Reporting an Incident 1st Degree
• PL §240.62 – Placing a False Bomb or Hazardous Substance 1st Degree
• PL §240.63 – Placing a False Bomb or Hazardous Substance in a Sports Stadium or Arena, Mass Transportation Facility or Enclosed Shopping Mall
• PL §405.18 – Aggravated Unpermitted Use of Indoor Pyrotechnics 1st Degree

Class E Violent Felony Offenses:

• PL §110/265.02 (5), (6), (7), or (8) – Attempted Criminal Possession of a Weapon 3rd Degree as a lesser included offense of that section as defined in CPL §220.20
• PL §130.53 – Persistent Sexual Abuse
• PL §130.65-a – Aggravated Sexual Abuse 4th Degree
• PL §240.55 – Falsely Reporting an Incident 2nd Degree
• PL §240.61 – Placing a False Bomb or Hazardous Substance 2nd Degree

Conspiracy Offenses:

• PL §105.10 – Conspiracy 4th Degree when the crime you conspired to commit is one of the charges listed above
• PL §105.13 – Conspiracy 3rd Degree when the crime you conspired to commit is one of the charges listed above
• PL §105.15 – Conspiracy 2nd Degree when the crime you conspired to commit is one of the charges listed above
• PL §105.17 – Conspiracy 1st Degree when the crime you conspired to commit is one of the charges listed above

List Of Agencies That Can See Sealed Convictions:

• Federal, state, and local law enforcement agencies acting within scope of their law enforcement duties;
• Courts in the New York Unified Court System;
• Probation departments;
• Sheriffs’ offices;
• District Attorneys’ offices;
• The NY State Department of Corrections and Community Supervision;
• Department of Corrections of any municipality within New York;
• The Financial Frauds and Consumer Protection Unit of the State Department of Financial Services;
• The Office of Professional Medical Conduct of the State Department of Health;
• The Child Protective Services Units of any local departments of social services;
• The Office of Medicaid Inspector General;
• The Temporary State Commission of Investigation;
• The Onondaga County Center for Forensic Sciences Laboratory when acting within the scope of its law enforcement duties;
• The Division of Forensic Services of the Nassau County Medical Examiner’s Office when acting within the scope of its law enforcement duties;
• Any agency that issues firearm licenses or gun permits; and
• Entities and agencies employing peace officers/police officers.

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Sealed Vs. Expunged

A criminal record is a publicly available document, accessible to various parties like potential employers and landlords through a basic search. These records endure indefinitely and can create significant challenges in employment, professional licenses, housing, and even voting rights. It’s important to note that criminal records encompass not only convictions but also arrests that didn’t lead to convictions.

Nevertheless, there are situations where these records can be either sealed or expunged. While both processes aim to mitigate the potential consequences of having a criminal record, they differ notably in their effects and availability.

Expungement involves the legal eradication or removal of records or information related to criminal charges from files, computers, and other repositories. With an expunged criminal record, it’s as if the specific crime never took place. Individuals can deny the expunged arrest and conviction even when asked directly, such as on job applications. Expungement can be a potent tool for those striving to overcome past errors, but it’s usually granted only under specific conditions, such as after a certain passage of time without further criminal activity or for minor offenses.

Sealing, however, does not erase the record but renders it inaccessible or hidden in most situations. When a criminal record is sealed, it remains out of sight for the general public, preventing potential employers, landlords, and others from accessing it. Still, certain entities like law enforcement agencies, immigration officials, and other public authorities can continue to view sealed records.

It is important to note that, unlike sealing, expungement is not available in New York. Furthermore, individuals wanting to seal their conviction must submit an application to the criminal court where the conviction occurred. This application should include a sworn statement outlining the reasons for seeking sealing. Despite this process, the prosecutor retains the ability to object to sealing, which might lead to a court hearing. Ultimately, the judge holds the final decision on whether to grant the record sealing or not.

Process Of Sealing Convictions In New York

The detailed steps required to apply for the sealing of your criminal record include the following:

• Preparing a request to seal criminal records. This step will include preparing all supporting documents such as the certificate of disposition for the conviction, sworn statements of reasons for sealing, and any additional documents that support your case.
• Sending the complete application along with any supporting documentation to the judge who sentenced you. If the judge in New York is unavailable, it is possible to send it to another judge in the same court you were convicted of. You must submit your request to the court where you were convicted for the more serious offense if you are trying to seal more than one conviction.
• Sending the completed application along with supporting documentation to your local District Attorney. If the District Attorney objects to your request for sealing, they have 45 days to inform the court.

If you do not meet the above conditions, the sentencing judge may summarily reject your application. A hearing may also be called if the District Attorney objects to your request. In some cases, even if the DA does not object to your request, the judge may still conduct a hearing. The judge will then issue a ruling on the application.

Understanding these complexities and ensuring your rights are protected is crucial, which is why you need an experienced New York criminal defense attorney by your side. Suffolk County criminal attorney Jason Bassett may be able to help you navigate the legal system, allowing you to move forward from your past with renewed hope.

Don’t wait – take control of your future today. Contact us today at (631) 259-6060 to schedule a consultation.

Process Of Sealing Convictions In New York	Description
Prepare Request	Gather necessary documents, including certificate of disposition, sworn statements, and supporting evidence.
Submit to Sentencing Judge	Send the completed application and documents to the judge who sentenced you. If unavailable, submit to another judge in the same court of conviction.
Submit to District Attorney	Provide the application and supporting documents to your local District Attorney. They have 45 days to object to the sealing request.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/sealing-criminal-convictions/ Sealing Criminal Convictions

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/sealing-criminal-convictions/