Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Brooklyn, United States Attorneys in related practice areas.
Criminal defense law in Brooklyn, United States, covers legal representation and procedures for people accused of crimes in Kings County, New York. Cases range from minor violations and misdemeanors handled in local courts to serious felony charges prosecuted in state supreme court or, in some instances, federal court. Defendants have constitutional rights including the right to counsel, the right to remain silent, the right to a fair trial, and protections against unreasonable searches and seizures. Brooklyn-specific practice is shaped by New York State criminal statutes, local court rules, and recent reforms to pretrial practices and discovery.
Criminal matters involve high stakes - potential jail or prison time, fines, probation, long-term effects on employment and housing, and immigration consequences for non-citizens. You may need a lawyer if you are:
- Arrested or detained by police. Lawyers can assert rights at the scene, advise on how to respond to questioning, and work on release or bail options.
- Questioned by police as a suspect or witness. A lawyer protects against self-incrimination and negotiates cooperation or non-cooperation strategies.
- Facing charges, even minor ones, where a conviction could bring collateral consequences like loss of professional licenses, immigration issues, or gun-possession prohibitions.
- Offered a plea deal. An attorney evaluates whether a plea is in your best interest given the evidence and possible defenses.
- Preparing for trial. Defense lawyers investigate facts, gather evidence, interview witnesses, file motions, and build legal arguments.
- Dealing with probation violations or parole issues. Lawyers represent you at hearings and negotiate conditions or reinstatement.
- Confronting juvenile charges. Juvenile defense has special procedures and a focus on rehabilitation, requiring experienced counsel.
Key legal elements and local institutions relevant to criminal defense in Brooklyn include:
- State law framework - Most criminal charges in Brooklyn are brought under New York State law, primarily the New York Penal Law and the Criminal Procedure Law. These statutes define offenses, degrees of crimes, arrest, arraignment, and trial procedures.
- Classification of offenses - New York classifies unlawful acts as violations, misdemeanors, and felonies. Violations usually carry fines or short sentences, misdemeanors carry higher fines and possible jail time, and felonies carry prison sentences and more severe long-term consequences.
- Courts and jurisdiction - Misdemeanors and many preliminary matters are handled in the Kings County Criminal Court. Felony indictments proceed to the Kings County Supreme Court for trial. Federal crimes arising in Brooklyn are prosecuted in the United States Attorney's Office for the Eastern District of New York.
- Arraignment and bail - After arrest, defendants are arraigned and may be held or released. New Yorks 2019 bail reforms removed cash bail for many nonviolent offenses, favoring release with conditions in many cases. However, judges retain discretion in serious situations, and arrests for certain offenses still allow for detention pending trial.
- Discovery and speedy trial - Recent reforms expanded defendants rights to discovery and clarified timing for pretrial motions and trial rights. Defense counsel uses discovery to obtain police reports, witness statements, body-worn camera footage, and forensic results.
- Search and seizure - The Fourth Amendment and New York law limit unreasonable searches. Motions to suppress evidence obtained without probable cause, proper warrants, or valid consent are common in Brooklyn practice.
- Miranda rights - Before custodial interrogation, police must warn suspects of their right to remain silent and to have an attorney present. Waivers of these rights are scrutinized in court.
- Special statutes and issues - Brooklyn cases often raise issues under the New York State SAFE Act for firearms, drug possession and distribution statutes, domestic violence laws, sex-offense statutes, and vehicle and traffic law offenses. Prior criminal history, sentencing enhancements, and mandatory minimums can affect outcomes.
- Collateral consequences - Criminal convictions can affect immigration status, professional licensure, housing, public benefits, and gun ownership rights. These consequences are frequently governed by federal law or state administrative rules.
Remain calm, identify yourself, and clearly state that you wish to remain silent and want an attorney. Do not resist arrest. Ask to speak with a lawyer right away. Try to remember and write down details later - officer names, badge numbers, witness names, and the time and place. If you are not released, inform family or friends where you are being held.
No. You have the right to remain silent and the right to counsel. Politely tell officers you are invoking your right to remain silent and that you want an attorney. Continued questioning after invoking rights can be challenged by your lawyer in court.
Bail and pretrial release depend on the offense, criminal history, and risk factors. New Yorks bail reforms eliminated cash bail for many nonviolent offenses, but judges can still impose conditions or remand a defendant for serious charges. A lawyer can argue for release on recognizance, supervised release, or reasonable bail conditions.
Misdemeanors generally carry maximum sentences of up to one year in jail, while felonies carry longer prison sentences and more severe long-term consequences. Felony charges also typically involve grand jury proceedings and are handled in state supreme court for trial.
Case length varies widely - from a few weeks for a simple misdemeanor resolved by a plea, to months or years for felony cases involving investigation, grand jury proceedings, motions, and trial. Pretrial discovery, scheduling, and court dockets affect timing.
Yes. Prosecutors may drop charges if evidence is weak, witnesses are unavailable, or constitutional issues arise. Plea negotiations can yield reduced charges. Defense motions to suppress evidence or challenge procedures also can result in dismissals or reduced charges.
If you cannot afford counsel, you have the right to an assigned attorney at public expense. In Brooklyn, public defense is provided through various assigned counsel programs and public defender offices. Early contact with the court or an intake office will start the process for representation.
Yes - criminal convictions can trigger deportation, inadmissibility, or other immigration consequences. Some offenses are designated as deportable or removable under federal immigration law. Non-citizens should consult both a criminal defense lawyer and an immigration lawyer to evaluate risks and possible defenses or remedies.
Look for attorneys with experience in Brooklyn courts and with the specific charge you face. Ask about trial experience, past case results, fee structure, whether they will handle your case personally, and who will be your main point of contact. Consider initial consultations, client reviews, and referrals from trusted sources or local bar associations.
Bring any police reports, summonses, court documents, photographs, witness names and contact information, and notes about what happened. Be prepared to provide personal information, prior criminal history, and any medical or mental health records that may be relevant. Honest and complete disclosure helps your attorney prepare the best defense.
Organizations and government bodies that can help include:
- Kings County District Attorneys Office - the prosecutor for Brooklyn matters.
- Kings County Criminal Court and Kings County Supreme Court - the local courts where cases are filed and heard.
- Brooklyn Defender Services and The Legal Aid Society - public defense providers and resources for people who cannot afford private counsel.
- New York State Office of Indigent Legal Services - oversight and resources for indigent defense services.
- New York State Unified Court System - for court rules, calendars, and general procedural information.
- New York State Division of Criminal Justice Services - criminal history records and related resources.
- New York State Department of Corrections and Community Supervision - information on incarceration, parole, and reentry.
- Local bar associations, including the Brooklyn Bar Association and the Kings County Bar Association - for attorney referrals and lawyer directories.
- Nonprofit defense and reform organizations - for additional advocacy, reentry services, and specialized assistance with issues such as drug treatment courts, domestic violence advocacy, and immigration relief. If you face immigration issues, seek organizations offering combined criminal and immigration expertise.
If you need legal assistance in criminal defense in Brooklyn, consider the following practical steps:
- Do not speak to police without a lawyer - calmly invoke your right to remain silent and ask for counsel.
- Contact a criminal defense lawyer immediately - if you cannot afford one, request assigned counsel through the court or a public defender organization.
- Gather and preserve evidence - keep any paperwork, take notes about the incident, secure witnesses contact information, and preserve digital records such as texts, videos, or social-media posts.
- Attend all court dates - failure to appear can lead to additional charges and arrest warrants.
- Ask your attorney about immediate motions - including bail hearings, motions to suppress, and early discovery requests - that may improve your position quickly.
- Discuss plea options and trial strategy - weigh risks of conviction, sentencing exposure, and collateral consequences before accepting any deal.
- Consider collateral remedies - explore sealing or expungement options where available, certificates of relief, and reentry or rehabilitation programs that may mitigate long-term effects.
- Maintain confidentiality and follow your lawyers advice - full cooperation and honesty with your counsel helps build the best defense.
Disclaimer - This guide is informational only and does not constitute legal advice. Criminal law and procedures change over time and vary by case. Consult a qualified criminal defense attorney in Brooklyn for advice tailored to your specific situation.
