Criminal Law

Being charged with a crime is a frightening experience and there’s a lot at stake—your reputation, your job, your relationships, and even your freedom. Fortunately, we live in a country where you are deemed innocent until proven guilty, and you do have rights to protect yourself.

As soon as you are charged or even find out you are under investigation, contact a criminal defense lawyer at The Law Office of Mark A. Siesel. Our law firm offers aggressive, experienced and skilled representation to individuals and businesses in both state and federal matters. We represent the residents of Westchester County, Rockland County, Orange County, Putnam County, Dutchess County, the lower Hudson Valley, and the entire New York metropolitan area who are currently charged with criminal wrongdoing or under criminal investigation. Our firm will candidly, honestly, and effectively assess the particulars of your case and discuss your legal options. We will contest the evidence presented by the District Attorney’s Office and carefully assess and evaluate the evidence against you to provide the most vigorous defense.

As soon as you realize you may be fighting a criminal charge, contact our law office for a consultation. In this situation, minutes are precious. You want an attorney representing you so that someone is looking out for your best interests.

What You Need to Know About Criminal Defense

In Westchester County and across New York State, here is what you could expect from a criminal case, if you are accused:

• Investigation. Police need to have reasonable cause before an arrest, and they will investigate a crime and try to find the perpetrator. During this stage, police may feel a lot of pressure to arrest someone, may be getting incorrect information from witnesses and victims, and may be facing a lack of resources. It’s not uncommon for mistakes to be made at this stage, which is why you want a lawyer representing you. A lawyer can make sure that evidence from illegal searches or a statement made under duress isn’t admitted as evidence in your case.
• Arrest. This is where a person is taken into custody. For serious charges or in instances where the individual has a previous record, the accused is often held until he or she can appear before a judge. Otherwise, police may issue a DAT (Desk Appearance Ticket), which allows the individual to leave and lets them know where and when to appear in court.
• Arraignment. Unless an individual is released on a DAT, the arrangement, or the first time the individual appears before a judge, usually happens within 24 hours. During the arraignment, the charges are read and the individual can plead “guilty” or “not guilty.” The judge can also set bail at this point. In cases of a DWI (Driving While Intoxicated), the arraignment is also where the accused has his or her driving privileges revoked.
• Presenting evidence at a felony hearing or before a grand jury. In cases where an individual remains in custody because the judge remanded them to jail or because the individual cannot post bail, the prosecution has six days to present evidence to a Grand Jury.  Another option is that the prosecution may decide to present evidence at a felony hearing, instead. In that case, the judge will determine whether there is adequate evidence to keep the accused in custody until the case can be presented before a Grand Jury.
• Discovery. Discovery involves gathering and sharing evidence among all parties. In New York, this process is limited, and it’s important to work with an experienced attorney who can investigate the circumstances that led to your arrest. Your lawyer can also request disclosure of specific evidence that can help your case and can file pre-trial motions to make sure that evidence that could harm your case (such as a statement you made to police before you understood your rights or hired an attorney) is suppressed. 
• Plea bargaining. A plea bargain is an agreement where the Prosecutor and defense lawyer accept a guilty plea, generally for a lesser charge. This is how most cases are resolved, and ultimately, it’s a judge who decides whether to accept the plea bargain.
• Hearings. An attorney can file motions to hold hearings before a trial. This is usually done to resolve issues—such as whether police acted in accordance with the law when taking an individual’s statement, for example. In hearings, a judge will ultimately decide on these questions.
• Trial. A trial can be decided either by a judge or by a jury, and it is up to the prosecution to present evidence that the accused is guilty. It’s very important to work with an experienced lawyer who can guide you through the trial process and who can aggressively protect your rights.
• Sentencing. Whether the accused individual enters a guilty plea or the court finds them guilty, the judge will determine the sentence (by taking statutes, sentencing ranges, and recommendations offered by the prosecution into account).

A case may have a significantly different trajectory, based on the circumstances of your situation, but being accused of a crime can mean spending years involved in the legal system. At any stage of the process, mistakes and false accusations can harm your case and threaten your freedom, which is why it’s important to work with an experienced criminal defense attorney. A good lawyer can protect your rights, explain the process to you, answer your questions, and seek the best possible resolution, given your situation.

Why Choose The Law Office of Mark A. Siesel?

We have been representing clients in the federal and state Court of New York since 1986. If the prosecution’s case has evidentiary issues and our clients wish to take their case before a judge or jury, we will not hesitate to do so, and will promptly retain the necessary experts to solidify our client’s defense.

For example, in DWI cases, it is sometimes necessary to retain experts to refute the chemical test results being offered by the district attorney’s office. Sometimes, it’s important to find experts who can contradict the common law findings of intoxication allegedly confirmed by Field Sobriety tests such as the “walk and turn”, one leg stand, and the horizontal gaze nystagmus test in which the client was directed to follow a pointer with their eyes to determine if there were signs of intoxication. However, we are also prepared to obtain the best possible resolution of the case prior to trial where, due to the strength of the evidence or financial considerations, trial is simply not an option.

The Law Office of Mark A. Siesel provides its clients with representation and counsel in the following areas:

• Individuals facing potential criminal investigation
• Individuals facing actual criminal prosecution
• Bail
• Arrests
• Plea Bargains
• Lie Detector and DNA Testing
• Misdemeanors, including DWI’s, assault, harassment, possession of forged instruments
• Felonies (including drug or narcotics possession)
• Traffic Related offenses including reckless driving and a variety of traffic infractions such as speeding, following too closely, unsafe lane change, failure to obey a traffic control device, texting while driving and other cell phone violations
• Vehicular Manslaughter and Criminally Negligent Homicide
• Driver License administrative hearings, including Refusal Hearings in DWI cases conducted at the Department of Motor Vehicles
• Quasi-Criminal Matters (such as licensing issues with professional and occupational boards or governmental administrative boards for physicians and other medical professionals)

Remember: there are two vital constitutional rights within the United States criminal justice system – first, the presumption that a defendant is innocent until proven guilty, and second, that the prosecution must prove guilt beyond a reasonable doubt. We utilize a collaborative effort with our clients from the moment we are retained through the conclusion of the case by means of judge or jury trial or plea bargain, to analyze every aspect of the prosecution’s case to determine the best possible defense strategy for our clients.

If you are currently under investigation or have been charged with a crime, contact us online or call us at (914) 428-7386 for a free consultation.