What Does It Take to Charge You With a Crime?
Even if you are innocent, you could be arrested and charged with a crime. Far too frequently, an innocent person is accused of wrongdoing. If you are charged with a felony or a misdemeanor on Long Island, it is imperative to contact a Nassau County criminal defense attorney at once.
What does it take to charge you with a crime, and who has that authority? Can a complainant in a criminal case change his or her mind and have a criminal charge against you dropped? What are your rights if you are charged with a crime on Long Island, and what steps will you need to take?
If you will continue reading, you will learn how criminal charges are filed or dismissed in the State of New York, and you will also learn what a Nassau County criminal defense lawyer will do to represent you if you are facing a criminal charge on Long Island.
Who Has the Authority to Charge You With a Crime?
In most criminal cases in the State of New York, when a law enforcement officer has placed a suspect under arrest, the police send the details about the case to the local District Attorney’s Office, which will then decide whether or not a criminal charge will be filed against that suspect.
In the State of New York, the purported victim of a crime cannot have you charged with that crime unless the police have probable cause to make an arrest, and after a prosecutor, upon reviewing the evidence or after convening a grand jury, decides to file the charge against you.
Who Has the Authority to Dismiss a Criminal Charge?
Similarly, the purported victim of your alleged crime cannot have the charge against you dropped or dismissed. The question of whether an alleged victim can drop a criminal charge comes up most frequently in domestic violence cases.
However, even when an alleged crime victim decides not to testify or cooperate with the District Attorney’s Office, the charge may not be dismissed. Only a prosecutor can dismiss a criminal charge.
Anyone who has been charged with a domestic violence crime – or with any other crime in New York – should not assume that the charge will be dismissed simply because the victim no longer wants to testify. If the state chooses to prosecute, the defendant must seek legal counsel.
Can Someone Be Prosecuted Without a Victim’s Testimony?
The District Attorney’s Office may move forward with a criminal prosecution – even if the supposed victim changes his or her mind – for a variety of reasons that may include but are not limited to:
- A recording was made of the alleged victim’s 911 call: If a 911 call was made, the recording of that call may be evidence that indicates the alleged victim was assaulted, harassed, threatened, or targeted in another way by the defendant.
- The state has other witnesses: If another person saw the incident and is available to testify, the prosecution may not require the purported victim’s testimony. The state may also use video, medical records, or other evidence in lieu of that testimony.
Why Would an Alleged Victim Change His or Her Mind?
An alleged crime victim may decide not to cooperate with the District Attorney’s Office for a number of reasons that include but are not limited to embarrassment, guilt, confusion, fear of the defendant’s possible retaliation, or a reconciliation with the defendant.
A prosecutor will probably not dismiss a domestic violence charge on Long Island simply because the alleged victim no longer wants to move forward with the case. In some circumstances, in fact, a prosecutor may even seek a subpoena for the alleged victim to compel that individual to testify.
If you are charged with a crime on Long Island – especially a domestic violence crime – you can’t presume the charge will be dismissed merely because the purported victim changes his or her mind. If the state continues with the prosecution, a defendant must have a defense lawyer’s help.
What Will a Defense Attorney Do on Your Behalf?
Every criminal charge, every case, and every criminal prosecution is different and unique. After you are charged with a crime on Long Island, you must have the personalized legal advice and aggressive representation that a Nassau County criminal defense attorney will provide.
After reviewing the details of your case, your Nassau County criminal defense lawyer will then develop an aggressive, effective legal strategy for your defense. Your attorney may seek to have the criminal charge against you reduced or dismissed by the DA’s Office.
If the charge can’t be reduced or dismissed, insist on your right to a jury trial. At trial, your lawyer may either maintain that you are not guilty or that you in fact acted legally, for example, in self-defense. But how can you know which lawyer to choose?
Why Should You Choose the Law Firm of Gianni Karmily?
Because your future and freedom will be at stake if you face a criminal prosecution, you must be advised and defended by a New York criminal defense attorney you can trust to handle your case with determination, diligence, and commitment. On Long Island, that attorney is Gianni Karmily.
If the case against you can’t be dismissed, attorney Gianni Karmily will recommend either negotiating for an acceptable plea bargain or taking your case to trial. He will then further investigate the charge against you, protect your legal rights, and bring your case to its best possible outcome.
Our offices are located in Great Neck and Hempstead. If you’re charged with a domestic violence crime, driving while intoxicated (DWI), or with any drug, theft, or sex crime in Nassau County, Long Island or in New York City, reach out at once to the Law Firm of Gianni Karmily by calling 516-630-3405.
