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Frequently Asked Questions about Criminal Defense

Q: Is unsuccessfully attempting to commit a crime an offense?

A: It may be. It depends on the circumstances and on the law of the jurisdiction. A person who intends to commit a particular crime and takes a substantial step toward perpetrating it, but fails to actually complete it may be guilty of the separate crime of attempt. Generally an act that is extremely remote from the completed crime, such as early preparation, will not be significant enough to constitute criminal attempt.

Q: What is the role of the grand jury?

A: The US Constitution requires that the federal government convene a grand jury to decide whether accusing a person of a major crime is appropriate. In a practice originating in England, the grand jury reviews the evidence and may hear testimony in deciding whether to indict someone, but the grand jury makes no decision about guilt or innocence. Another traditional purpose of the grand jury is to serve as a buffer between an overzealous prosecutor and the accused. All states also use the grand jury system to some extent.

Since 1992, the likelihood of an arrest leading to a conviction has generally risen. Although some defendants think that they can "beat the system" on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

Long Island Criminal Defense Lawyer

Suffolk County - Nassau County - New York

Phone: (631) 473-5100

Conveniently located on Long Island, the criminal defense lawyers at the Law Offices of Barbera & McElhone defend individuals throughout New York who are accused of committing a crime.

At the Long Island Law Offices of Barbera & McElhone, we believe every client should have enough information to make informed decisions regarding how they want us to proceed with their criminal defense. Accordingly, we are providing you with the following general information about criminal law.

If you have any questions about the information below, please contact our Long Island criminal defense lawyer.

Criminal Defense - An Overview

Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Criminal Liability

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

Constitutional Protections of the Criminal Defendant

When our country was founded, its supreme law was recorded in a document called a constitution. A national constitution establishes the country's basic philosophy and structure and can be looked at as the blueprint from which the laws will flow. The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people.

Classifications of Crimes

Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. If you face questioning or arrest or are accused of a crime, you should consult an experienced attorney as early in the process as possible for help protecting your legal and constitutional rights. A criminal-defense lawyer can explain the particular crime involved and its possible ramifications.

The Death Penalty

Worldwide, capital punishment is becoming less popular and is seen increasingly as a human-rights violation. The majority of executions take place in Iran, China and the United States. In the US, 37 states and the federal government allow execution as a criminal penalty under certain circumstances. The states with the highest numbers of executions are Texas, Florida, Virginia, Missouri and Oklahoma. Experienced legal counsel is of the utmost importance for anyone accused of a capital crime.

Finding a Job After a Criminal Conviction

Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who ultimately harm others. However, the laws vary widely from state to state about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal. If you have a criminal record and seek a job, it is in your best interest to consult with an attorney knowledgeable in criminal law and employment law so that you go into the job search fully informed of your rights and restrictions.

Criminal-Defense Resource Links

Equal Justice, USA
"Capital Defense Handbook For Defendants and Their Families" provides information and advice about death-penalty cases from the defense point of view.

ACLU: Prisoners' Rights
Resource provided by the American Civil Liberties Union with information on national and state efforts to recognize and protect prisoner's rights.

Justice Denied
"Justice Denied" is a magazine devoted to helping people who have been wrongly convicted of crime in the US and internationally.

The Sentencing Project
A national leader in the development of alternative sentencing programs and in research and advocacy about criminal-justice policy.

Prison Policy Initiative
The Prison Policy Initiative conducts research and advocacy about incarceration and criminal-justice policy.

Contact a Long Island Criminal Defense Lawyer

To discuss your situation or ask questions, please schedule a free confidential consultation with an experienced Long Island criminal defense lawyer by calling us at (631) 473-5100, e-mailing us, or filling out our intake form on our Contact Us page.

Trust in the Aggressive Counsel of a Long Island Criminal Defense Attorney

Long Island attorneys Janine A. Barbera and James E. McElhone practice all aspects of Criminal law, including Drug Crimes, Juvenile Defense, White Collar Crimes, Property Crimes, DUI/DWI, Traffic Crimes, Misdemeanors, Felonies, Domestic Assault / Domestic Violence, Violent Crimes, and Sexual Assaults. The firm serves Miller Place and surrounding areas of Suffolk County, Long Island, including Rocky Point, Port Jefferson, Islip, Smithtown, Farmingville, Centereach, Selden, Bohemia, Stony Brook, Setauket, Holbrook, Coram, Middle Island, Medford, and Lake Ronkonkoma. The other practice areas include Family Law and Personal Injury.

Long Island attorneys Janine A. Barbera and James E. McElhone practice all aspects of New York family law, including divorce and property settlements, child custody, child support, paternity, adoption, and orders of protection. The law firm serves Miller Place and surrounding areas of Suffolk County, Long Island, including Rocky Point, Port Jefferson, Saint James, Islip, Smithtown, Farmingville, Centereach, Selden, Bohemia, Stony Brook, Setauket, Holbrook, Coram, Middle Island, Medford, Middle Island, Lake Ronkonkoma, as well as the East End of Long Island throughout the Hamptons. The other practice areas include criminal law and personal injury.