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

The criminal justice system can be overwhelming and frightening. The incarceration rate in the United States is much higher than that of many 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 by the police. A criminal defense lawyer can fight to protect your legal and constitutional rights. Don't delay. Call today to schedule a consultation.

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Constitutional Protections for the Criminal Defendant

The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people. The first ten amendments, also called the Bill of Rights, contain basic, fundamental rights of individuals on which the government may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal-justice system. The 14th Amendment extends substantive due-process rights beyond the federal system to criminal defendants in state courts, where the vast majority of criminal trials occur.

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Classifications of Crimes

Because the negative behavior regulated by criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. The actual classification of a particular offense varies depending on the jurisdiction.

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The Right to Counsel

The right to legal counsel is a fundamental right of criminal defendants under the U.S. Constitution. Many state constitutions also include this right, and some states provide broader rights to counsel than the federal constitution does. However, state defendants are still entitled to lawyers in certain scenarios, even if their state constitutions do not provide such rights, under the federal constitution via the 14th Amendment.

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Finding a Job After a Criminal Conviction

If you have been convicted of a crime, you may wonder if you will be able to find employment. Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this fear stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who subsequently caused harm to others while on the job. Another worry for employers relates to whether they will have to disclose employees' criminal conviction to others. For example, if a company is trying to raise capital, it may need to make certain disclosures to a bank. Will the company have to disclose that an employee has a criminal conviction for embezzlement or money laundering?

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