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Criminal
Zamir Iosepovici, Esq. is a former
prosecutor in the Nassau County (N.Y.)
District Attorneys Office. As such, our
firm has represented many individuals in
criminal defense matters. Over the years,
we have handled cases of clients accused of
non-violent crimes; drug offenses; a
white-collar (i.e. financial related)
offenses; and violent crimes. In such legal
matters, we are able to effectively advise a
client whether a disposition (i.e.
plea-bargain) of the case is appropriate, or
whether the client has a reasonable chance
of success at trial.
Over the years, we have represented clients
in criminal defense cases in the Courts of
the States of New York, New Jersey,
Connecticut and Florida. We also
represented criminal defense clients charged
in the Federal Courts of the States of New
York New Jersey, Massachusetts, Michigan and
Maryland.
As is well known, the vast majority of
criminal cases are disposed of without the
need for trial. As such, over the years we
have obtained highly favorable plea bargains
for our clients, both in the State Courts of
New York, New Jersey and Connecticut, as
well as several Federal District Courts.
However, when appropriate, we also sought to
vindicate our criminal defense clients by
representing their interests at trial. Some
examples of our previous criminal defense
trials include, a Murder case; a Bribery
case; an Illegal Possession of a Firearm
case; a Rape case; an Assault on a Police
Officer case.
Obviously, every criminal case presents
issues and challenges that are different
from another criminal matter. Yet, the
process in which a criminal action undergoes
is generally the same.
On almost all occasions, a person´s contact
with the criminal justice system begins
after his/her arrest by law enforcement.
(On rare occasions, the arresting law
enforcement agency will provide the
prospective criminal defendant the
opportunity to "surrender" himself). Once a
person is arrested, he/she must appear
before a judge for an Arraignment. This
appearance will generally take place within
24 hours of a person´s arrest. At the time
of the Arraignment, the criminal defendant´s
attorney will enter a plea of "Not Guilty".
Thereafter, the judge will hear arguments
from the prosecutor and the defense attorney
relevant to the criminal defendant´s release
from custody, or "bail".
Generally, "bail" is determined upon the
consideration of two issues - (1) whether or
not the criminal defendant poses a danger to
the community; (2) the likelihood that the
criminal defendant will appear for each and
every one of his court appearances. As to
the first issue, the main consideration
provided by the Court is the nature of the
offense (e.g. Is the criminal charge a
violent crime; Did the person engage in
violent conduct on previous occasions; Does
the person have prior criminal conviction(s);
etc...) As to the second issue, the judge
will consider whether or not the person has
lived in the local community for a long
period of time; Whether or not the person
has a steady job and/or other "ties" to the
community; Whether or not the person has
failed to appear in court on any other
occasion; etc...)
Once a decision is made on "bail", the
person will either be released from custody
on his/her own recognizance, or in the
alternative, return to custody and await for
bail to be provided to the Clerk of the
Court so that he can be released. (On the
most serious of charges (e.g. Murder, high
level drug offenses, etc...), a person can
be denied bail altogether and is therefore
"remanded" into custody).
Thereafter, the litigation of a criminal
defense matter begins in earnest. During
this process, various aspects of the such
litigation must be accomplished by an
experienced criminal defense attorney,
including: plea negotiations with the
prosecutor; review of discovery documents;
interview of witnesses; retention of a
private investigator in order to seek
information that may be unavailable to the
prosecutor, or undiscoverable; filing of
motion(s) to suppress statements, evidence,
etc...; preparation of prospective jury
instruction(s); preparation of trial witness
examination (direct and cross), as well as
preparation of other trial related aspects
(opening statement; closing statement; trial
motions; etc...)
Of course, the above list is not all
inclusive. Additionally, some criminal
defense litigation issues that are relevant
in one case may not be applicable to another
matter.
Overall, in order to have the best chance
for a successful resolution of a criminal
defense case, a person should retain the
services of an attorney who is highly
experienced in handling such matters. |
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