Tag Archives: criminal defense attorneys

Keep These Tips In Mind Before Hiring A Criminal Defense Attorney

If you find yourself on the wrong side of the law and are facing criminal charges in Suffolk County, Long Island, hiring a criminal attorney is something to take seriously. An experienced TRIAL attorney may be able to minimize the effects these criminal proceedings have on your life moving forward. Getting the right attorney is key and may be the difference between serving jail time or going free. If you find yourself in need of a criminal defense attorney, keep the tips below in mind when it comes to choosing an attorney that is right for you.

Make Sure You Hire a TRIAL Lawyer to Defend You…

Look around

You may be tempted to hire the first lawyer you come across, but you should avoid this temptation if possible. While this person may ultimately end up being the best lawyer for your situation, you should still take some time to research several lawyers first before settling on one. It’s the same process you would typically use for purchasing many other goods and services, so why wouldn’t you do the same for something as important as your freedom?

For example, many people demand they be allowed to test drive before purchasing a car. You should do the same when it comes to hiring a lawyer, so make sure any lawyer you meet with understands you are in the early stages of finding a lawyer that is right for you. This is quite common in the legal profession, and any attorney you meet with should understand. Any lawyer who has an issue with this probably isn’t one you want representing you, so if this happens you may want to scratch them off your list.

Reputation

Try to find a lawyer who has a good reputation. Don’t be swayed by flashy promotions. You must do your homework first to get a lawyer who has your best interests in mind. Some of the top criminal attorneys aren’t even in the Yellow Pages. They get plenty of clients through referrals from previous clients and publicity earned from their expertise and reputation. So once you have a list of lawyers you are considering, be sure to check out reviews online from previous clients to get a better idea of the quality of work you can expect.

Personality

Two personality traits you should require of any criminal defense attorney you hire are honesty and aggressiveness. When your freedom is on the line, you want someone who’s going to fight as hard as they can to protect your rights. Consider your initial meeting with potential attorneys as a trial run and pay attention to how they make their argument for why you should hire him or her.

Attorney fees

Before choosing an attorney to represent you, you must first understand how they expect to get paid. Some lawyers charge a flat rate for their services while others bill by the hour. If a lawyer you are considering can’t explain these options to you in a way that makes sense, he or she probably isn’t the kind of lawyer you want representing you. When this information is explained properly to you, you will be better able to make an informed decision. When informed properly and clearly, you’ll be able to make a decision that is most beneficial to you and not the law firm.

We Take Criminal Defense Seriously

Call The Law Office of Naiburg, Obedin and Weissman if you or a loved one has been charged with a crime in Suffolk County, NY. We will go over the facts of your case and make sure you are getting the best legal defense possible.

Hire a Criminal Defense Attorney When You Need One

What Will A Criminal Defense Lawyer Do For Me?A criminal defense attorney is a professional who specializes in the defense of individuals and corporations charged with a criminal offense. In a legal setting, people or organizations to have done an unlawful activity and arrested are known as defendants.

The lawyer who defends such people in a court of law is known as a criminal lawyer or defense lawyer/ attorney. It is up to the judge or jury in court to decide whether the defendant is innocent or guilty.

When looking for a criminal defense attorney, choose one who has a good knowledge about the court system and the law. After leaving law school, attorneys will have many years of working experience.

Working as a criminal defense attorney, they can be appointed by a court if the defendant cannot afford an attorney or the defendant can hire them. Good lawyers can be very expensive as they can charge an hourly fee of $300 or more excluding other fees.

As the defendant, you will have to meet with the defense attorney to plan how to decrease the consequences of the unlawful activity you are accused to have done. If you are innocent, then it will be the work of the criminal defense attorney to prove to the judge and jury that you are innocent.

Criminal defense attorneys have the job of giving their clients a reality check. This is especially true if an attorney believes that there will be no consequence at all for the crime committed by a defendant.

A criminal defense attorney also negotiates deals with prosecutors to help decrease any jail time or fees faced by a defendant. This attorney can also help customize the sentence for their client to help them stay out of trouble in the future especially in family or juvenile cases.

A good criminal defense attorney knows the ins and outs of a local court circuit. He or she also knows the tactics that work for each judge. This is important as it helps them know what to do in order to have a judge throw out a certain case or give a reduced sentence for their client.

Such a lawyer also knows who has the power to settle cases out of the courtroom. In addition, they know how to find little-known laws that can help their client and can try as much as possible to use any legal means to prove to the jury and judge that their client is innocent.

Different criminal defense attorneys specialize in different criminal cases. There are those who deal with low profile cases only, cases that are heard in little county courtrooms while there are others who deal with big, high profile criminal cases only.

Defense Types That Criminal Defense Lawyers Typically Use

Why You Have To Have A Defense AttorneyLawyers defend their clients in a court who are charged with criminal activities that range from felonies to misdemeanors. If the client is convicted, they may have to pay a set fine, serve a certain time-frame in prison, conduct community service and is some cases receive a death penalty. The role of the criminal defense lawyers is to try and get their clients acquitted or ensure they receive a lighter sentence. In order to achieve this, a criminal defense attorney uses a number of defenses.

The Affirmative Criminal Defense

Certain criminal-defense lawyers will try to minimize the evidence of the prosecution in the way of trying to show that its not true. An example of this may be when a defendant has been charged with 1st-degree murder, which will mean that the defendant planned this murder before it was carried out, they might use an alibi-witness. This is a person that will testify that the client was not able to commit such a crime and offer an alibi in association to the time at which this murder was carried out.

The Insanity Defense

This particular defense has been made popular through television shows and movies. Unfortunately, in reality this defense is not used frequently and usually doesn’t work. When a criminal defense attorney makes use of this defense, it means that the defendant committed the crime, but they were unaware that the act they were involved in was wrong. To successfully use such a defense, the defendant will either have a mental illness or serious defect when the crime was committed. This is a risky defense as the client has to admit to the crime. If a jury is not convinced that the defendant is insane, they will find the defendant guilty and usually hand-down a more significant sentence, if they had not made use of such a defense.

Coercion And Duress

This is a defense that the lawyer will use that states that the defendant was forced into committing a crime as they were threatened with an unlawful force. The actual force is not a necessity, and the threat is usually enough in order to satisfy this type of defense. In addition, the threat does not necessarily need to be against the defendant. It may ne against another person such as a close family member. This defense type cannot be used if the reckless actions of the client is what placed them into a situation which caused this duress.

General Criminal Defenses

1. Self Defense

This defense states that the actions of the client are considered as criminal when the act did not involve defending themselves.

2. Status Of Limitations

This occurs when a criminal-defense lawyer uses the time-frame that the prosecution will have to charge the defendant with a crime. If the time-frame has elapsed the charges will need to be dropped.

3. Consent

This is an acknowledgment that the client has committed a crime, with the victim’s consent.

How Can a Conviction Effect Your Ability to Get Employed?

How Can a Conviction Effect Your Ability to Get Employed?If you are facing conviction or have already been convicted, you might wonder how that event will impact your future career prospects. No matter how significant a conviction may be, each person will have to move forward and continue with his or her life after all is said and done. Continue reading

Suffolk County Criminal Trial Lawyer Eric Naiburg

Hi, my name is Eric Naiburg and I have been practicing criminal law for forty two years. I consider myself not only a criminal attorney but a criminal trial attorney, and there is a difference.


Many, many attorneys hold themselves out as criminal defense attorneys and they are. But generally what they do is they go in to court and negotiate the case with the district attorney’s office, federal prosecutor or a judge, and come to some sort of plea bargain.

Very few of those attorneys who hold themselves out as criminal defense attorneys actually try cases. And unless you try a case, then you really can’t be a good negotiator but you always have to have that fallback, that ability to go into a courtroom, pick a jury, present witnesses, sum up to the jury, cross exam people’s witnesses and more than anything else, prepare for that trial. And of all the defense attorneys out there, I would say probably three to five percent actually get into a courtroom, pick a jury and try a case.

So if you should be unfortunate enough to be arrested and charged with a crime, my suggestion is that you do your homework, you look and find out which attorneys are those attorneys that walk into the courtroom just trying to settle a case or have a reputation as trial lawyers.


If you would like to contact Eric Naiburg you can reach him at (631) 979-7777.