What We Offer
What crimes can a criminal defense lawyer help you fight?
- DUI/DWI
- Felonies
- Misdemeanors
- Desk Appearance Tickets
- Violation Offenses
Even otherwise honest, successful and hardworking individuals can sometime exhibit a momentary lapse of sound judgment, or find themselves in ambiguous circumstances where their innocence or reputation requires vindication in the court of law.
Seasoned counsel, customized case assessment, and fair pricing position the Law Office of Yan Katsnelson, P.C., apart from larger, branded firms within the legal industry. The Law Office of Yan Katsnelson, P.C. represents individuals in all types of Criminal Law Defense, including Felonies, Misdemeanors, DWI/DUI, Desk Appearance Tickets, and Violation Offenses.
Charged
Should you get a criminal defense attorney if you have been charged?
Definitely, particularly if this is not your first encounter with the law. But even if it is, you should know that a criminal charge has the potential to impact every single area of your life. Your personal reputation, your family life, your career, your financial situation, you name it, it may be affected by the charge.
The insight and skill of an experienced criminal defense lawyer cannot be overstated. You need someone at this time who will help you make sure you have a fair trial and your constitutional rights are protected.
Arrested
What should you do if you are arrested?
All the movies you have seen will come in handy at this point: remember to remain silent. Do not offer up any information, no matter how inconsequential or trivial you might think it is. Remember that anything you say can and will be used against you. Then, seek legal representation. A Staten Island criminal defense attorney is your best option if you wish to achieve the best outcome and protect your rights.
Talking to the police
Should you talk to the police?
Don't be misled by a police officer who seems friendly and helpful. This could be a trap Talk to your attorney first. If you are being questioned, ask to talk to your lawyer even if you think you know the right answer to all the questions. The police are supposed to stop asking you questions at that point. If they don't, your answers could be considered coerced. Remember that you always have the right to remain silent. Avoid talking about your charges with friends, family, and coworkers. They may become implicated in your situation if you do.
False accusation
What if you believe that the accusation against you is false?
If you have been falsely accused of a crime, this is definitely not an ordeal you want to go through alone. Get legal help right away and do not talk to the police, no matter how urgent you may feel the need to straighten the situation out.
Attorney's help
How can your criminal defense attorney help you?
Depending on the nature of the crime you have been charged with, it may be necessary to conduct an extensive investigation. A skilled lawyer who can thoroughly review all evidence can structure a tailored defense that will bring the best results to you and, at all times, protect your rights.
Time is of the essence if you want to have a strong defense for your case. Getting the right legal help as soon as possible will work in your favor. Mistakes can be avoided and your attorney can set to work defending you against your charges so that they can be dismissed. Your attorney will be by your side from the first hearing, always keeping your best interests at the forefront.
About Us
Katsnelson Law, P.C.: Your Criminal Defense Attorney
Seasoned counsel, customized case assessment, and fair pricing position.
Even otherwise honest, successful, and hardworking individuals can sometimes exhibit a momentary lapse of sound judgment, or find themselves in ambiguous circumstances where their innocence or reputation requires vindication in a court of law.
The Law Office of Yan Katsnelson, P.C. represents individuals in all types of Criminal Law Defense, including Felonies, Misdemeanors, DWI/DUI, Desk Appearance Tickets, and Violation Offenses. Yan Katsnelson, P.C., is set apart from larger, branded firms within the legal industry.
If you have been charged with a crime, Katsnelson Law, P.C. is the criminal defense lawyer you need to safeguard your rights and ensure the best possible outcome for your case. They will listen to you, prepare the strongest defense, and always make you feel like the most important client because you are.
The Process of criminal law defense:
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New Jersey Criminal Procedure
In the State of New Jersey, Criminal Code violations are categorized as Indictable, Disorderly Persons, or Petty Disorderly Persons offenses, rather than felonies or misdemeanors. An Indictable offense is analogous to a felony, while a Non-Indictable offense is analogous to a misdemeanor. Indictable crimes are further separated into 1st, 2nd, 3rd and 4th degrees. In New Jersey, Indictable offenses are leveled against an alleged criminal offender that exposes him or her to more than six months of incarceration, while alleged offenders of Non-Indictable offenses - Disorderly Persons and Petty Disorderly Persons offenses - are generally exposed to less than six months of jail. Indictable charges are handled in the Superior Court within the County that the alleged offense was committed, while Non-Indictable offenses are handled in the Municipal Court within the City, Township or Borough where the alleged offense was committed. Additionally, a defendant is entitled to a Trial by Jury in an Indictable offense. However, the matter must be first submitted to a Grand Jury, which may pass a No Bill - refusal to indict - on the matter if it deems that to be warranted. An exception would be if a defendant exercised his right to waive an indictment, as would be the case in a pre-indictment plea bargain. Non-Indictable offenses are not presented to a Grand Jury, and defendants charged with Disorderly or Petty Disorderly Persons offenses are not afforded a Trial by Jury.
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Pre-Arraignment
Pursuant to New Jersey criminal procedure, the prosecutor may not proceed against the defendant with a criminal charge in Superior Court if the Grand Jury passes a No Bill. However, related Non-Indictable charges may still proceed against the defendant in the lower court called the Municipal Court, or quasi-criminal court, where the alleged offense was committed. Within two weeks of indictment, the Court is notified and within three weeks of notification, a Pre-Arraignment conference is scheduled whereby the defendant is advised of the charges and allowed to apply for Pre Trial Intervention (PTI). New Jersey PTI is a mechanism whereby a defendant can completely avoid criminal charges and potential incarceration, as well as the stigma of a criminal conviction and the expense of a trial. However, if the defendant is represented by an attorney, the Pre-Arraignment conference may be waived.
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Arraignment & Discovery
Thereafter, an Arraignment - the reading of the complaint or the stating of the substance of the charge to the defendant by the Court, together with their rights to an attorney and right to remain silent - is scheduled whereby defendant typically pleads 'Not Guilty' and defense counsel is provided with the discovery, or State evidence, in the case. The State must provide any discovery that it intends to introduce at trial or that may potentially exculpate, or clear, the defendant. Once discovery is complete, defense counsel decides what motions, if any, he or she should file. A motion is a request of the Judge to rule in your favor on a given issue that you are contesting. For example, charges barred by applicable statute of limitations, or to suppress evidence against a defendant if certain constitutional rights were violated by police action. As with all criminal defense proceedings, representation by a qualified attorney is paramount to achieving the best possible outcome. If you are arrested in the State of New Jersey, or are contacted by law enforcement, contact the Law Office of Yan Katsnelson immediately.
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New York Criminal Procedure
When facing criminal charges in the State of New York - whether for a felony, such as First Degree Assault, or a misdemeanor, such as Reckless Endangerment in the Second Degree - you need a competent and qualified criminal attorney to represent you. The stakes, which could include county jail, or even years' imprisonment in a state penitentiary, are too high to be relegated to indifferent or inexperienced counsel. A New York or Federal law enforcement officer can arrest a person if that officer believes there is a probable cause that the suspect has committed a criminal act. All New York criminal cases, whether the charge is a violent crime, gun possession charge, or petit or grand larceny, begin with an arrest.
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Central Booking
Unless you receive a Desk Appearance Ticket, or DAT, the police will bring a criminal defendant to Central Booking where fingerprints and photographs are recorded. The police will then cross-reference this information to determine whether the defendant has a prior criminal history. A criminal lawyer is not allowed to accompany a criminal defendant through the Central Booking process. Subsequent to Central Booking, the paper work from the police, listing the crime or crimes, will ultimately result in a criminal charge against the defendant. This paperwork will be sent to the Office of the District Attorney. The New York Assistant District Attorney will evaluate the case and make a determination whether the criminal charge should be raised or reduced, and whether or not additional criminal charges should be brought, or the criminal charge should be dismissed. After the District Attorney has completed their paper work and the criminal defendant has been processed, the defendant will be taken to Criminal Court for Arraignment.
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Arraignment
The criminal defendant has a Constitutional right to have a New York criminal lawyer to defend him or her at an Arraignment. The purpose of the Arraignment in New York State Court is to let the defendant know what crime or crimes the District Attorney is bringing against them, and their right to enter a plea of Not Guilty. The Arraignment also protects your right to a Trial by Jury, if necessary, and allows the parties to discuss your bail status. After hearing oral argument from your criminal lawyer and office of the District Attorney, the New York Criminal Court has three options. Require bail or bond, which must be paid in order for the criminal defendant to be released; set no bail and allow the criminal defendant to release on their own recognizance; or remand the criminal defendant, in which case no bail is set and the Court can hold the defendant in custody. Generally, the Court can hold the defendant in custody until bail is posted or until the conclusion of the case. At the conclusion of the Arraignment, the defendant is given a new court date. Beware that New York State Arraignments are held in different locations and the location depends on the County in which the crime was perpetrated.
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Grand Jury
When the criminal defendant returns to court for a felony case, assuming a plea bargain has not been reached between your criminal defense lawyer and the District Attorney, the case goes to the Grand Jury. In New York, the Grand Jury consists of 16-23 people who determine whether a crime has been committed and if the criminal defendant was responsible for the commission of the crime. It is important to note that this is not a vote of innocence or guilt with respect to the crime. Moreover, this process determines whether or not there is enough evidence for the case to proceed. In the Grand Jury, the District Attorney presents his case and witnesses. However, while the criminal defendant is allowed to testify, his criminal lawyer is not allowed to make an opening or closing statement nor call witnesses or cross-examine the witnesses of the District Attorney. Additionally, there is no judge directly involved, making the procedure relatively easy to indict a criminal defendant. If the Grand Jury votes to indict the case, then the New York Criminal Court is required to arraign the defendant on the Indictment. This arraignment is very similar to the original arraignment the defendant experiences in criminal court at which both the District Attorney and the criminal lawyer are present and the Judge has the right to raise or lower bail, set bail for the first time, or remand the criminal defendant.
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Plea Bargain
Very often in criminal cases, a criminal lawyer and the District Attorney will attempt to resolve a criminal case without a trial. This is known as a plea bargain. Frequently, a plea bargain induces the District Attorney to reduce the criminal charge against the defendant. Normally, if a fair deal is reached between the District Attorney and the criminal defense lawyer, what follows will be a discussion between the criminal Lawyer and the defendant. A plea bargain avoids the risk of a trial, and in exchange, the District Attorney gets a conviction after the defendant pleads guilty to the reduced charges. Usually, there is a discussion between the Judge, the criminal lawyer and the District Attorney with regard to the plea bargain to ensure that the sentence is acceptable to all parties. The Judge must approve of all plea deals. If no plea bargain has been agreed upon between the District Attorney and the criminal defense lawyer, the next step is a trial. There are two types of criminal trials in New York State. The first is a Bench Trial where the Judge decides the case. The second type of criminal trial in New York is called a Trial by Jury. This is where the Jury decides the outcome of the criminal case.