Law Office William McCulloh, West Babylon & Smithtown, NY
West Babylon Law Office 974 Little E Neck Rd, West Babylon, NY 11704 631-422-1500
Smithtown Law Office 39 Landing Avenue, Smithtown, NY 11787 631-584-6800

Criminal Defense

📁 Areas of Focus
Criminal Defense

New York State Criminal Law

Criminal law in New York is the body of statutes and case law that defines criminal offenses, the procedures by which they are charged and tried, and the penalties that may be imposed. The Law Office of William C. McCulloh defends clients accused of every kind of New York criminal offense — from misdemeanors to felonies — and brings decades of trial experience to every case.

Mr. McCulloh's background as a former NYPD prosecutor and detective gives our clients an insider's understanding of how a criminal case moves through arrest, arraignment, plea negotiation, and trial.

Stages of a Criminal Case

Welcome to "Stages of a Criminal Case." This section contains information on what to expect at each stage of the criminal process — from arrest to sentencing.

  1. Arrest
  2. Booking & Bail
  3. Arraignment
  4. Plea Bargain
  5. Preliminary Hearing
  6. Pre-Trial Motions
  7. Trial
  8. Sentencing

Arrest

An arrest may occur in one of three ways: a police officer personally observes a crime; a police officer has "probable cause" to arrest; or an arrest warrant has been issued by a court.

The Police Officer Personally Observes a Crime

If a police officer sees a crime taking place, the officer can arrest the person on the spot — no warrant is required.

The Police Officer Has "Probable Cause" to Arrest

Probable cause means the officer has reliable information that leads a reasonable person to believe a crime has been committed and that the person being arrested is the one who committed it. Probable cause may rest on the officer's own observations, on witness statements, or on physical evidence at the scene.

An Arrest Warrant Has Been Issued

When a court issues an arrest warrant, the police may take the named person into custody. The warrant must be supported by an affidavit showing probable cause. Common bases for a warrant include:

  • The defendant has failed to appear for a scheduled court date.
  • An ongoing investigation has produced enough evidence to charge.
  • A grand jury has returned an indictment.
  • A witness has filed a sworn complaint.

Challenging An Unlawful Arrest

Not every arrest is lawful. We routinely move to suppress evidence and statements obtained as a result of an unlawful arrest, a defective warrant, or police conduct that violates the Fourth Amendment.

Arraignment

At arraignment the court will:

  • Read the charges against the defendant (formal charges are typically attached as a sworn affidavit).
  • Ask the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney.
  • Ask the defendant how he or she pleads — "Guilty," "Not Guilty," or "No Contest."
  • Set bail or release conditions.
  • Announce dates for future proceedings in the case, such as the preliminary hearing, pre-trial motions, and trial.

The Right to Counsel

Every person accused of a crime in New York has the constitutional right to be represented by an attorney. If you cannot afford a lawyer, the court will appoint one for you. Whenever possible, retain experienced private counsel as early in the process as you can.

Plea Bargain

A plea bargain is an agreement between the prosecution and the defense that resolves the case without a trial.

What Kind Of Plea Bargain Might Be Made?

A plea bargain might be reached in one of three ways:

  • The defendant pleads guilty to a less serious charge than the one originally filed.
  • The defendant pleads guilty to fewer counts than originally charged.
  • The defendant pleads guilty and the prosecution recommends a lighter sentence.

Preliminary Hearing

A preliminary hearing is held to determine whether there is enough evidence to require the defendant to stand trial. It is not a trial on the merits and the rules of evidence are relaxed.

What to Expect at the Preliminary Hearing

The prosecution presents enough evidence to establish probable cause. The defense may cross-examine the prosecution's witnesses and may, but is not required to, present its own evidence.

Preliminary Hearing — Not in Every Case

Many cases do not have a preliminary hearing — most felony cases proceed by grand jury indictment, and most misdemeanors are resolved before the hearing stage.

Pre-Trial Motions

Pre-trial motions are written requests asking the court to make a legal ruling before trial. Common motions include motions to suppress evidence, motions to dismiss charges, and motions in limine to exclude certain testimony.

What Arguments are Made During Pre-Trial Motions?

Arguments typically focus on whether evidence was lawfully obtained, whether the charging instrument is legally sufficient, and whether any prejudicial material should be kept from the jury.

Trial

If the case is not resolved by plea, it proceeds to trial. A criminal trial in New York generally consists of:

  • Choosing a jury
  • Opening statements
  • Witness testimony and cross-examination
  • Closing arguments
  • Jury instructions
  • Jury deliberation and verdict

Choosing a Jury

Through a process called voir dire, the lawyers and the judge question potential jurors to find those who can hear the case fairly. Each side has a limited number of challenges to remove jurors.

Opening Statement

Each side gives the jury a roadmap of what the evidence will show. Opening statements are not evidence.

Witness Testimony and Cross-Examination

The prosecution calls its witnesses first; the defense then cross-examines. The defense may then call its own witnesses, and the prosecution may cross-examine them.

Closing Arguments

Each side summarizes the evidence and argues why the jury should rule in their favor.

Jury Instructions

Before deliberation, the judge instructs the jury on the law that applies to the case. Typical instructions cover:

  • The presumption of innocence.
  • The prosecution's burden of proof beyond a reasonable doubt.
  • The elements of each charged offense.
  • How to evaluate witness credibility.

Jury Deliberation and Verdict

The jury retires to a private room and deliberates until it reaches a unanimous verdict on each count. If the jury cannot agree, the judge may declare a mistrial.

Sentencing

If the defendant is convicted, the court holds a separate sentencing hearing. The judge may consider:

  • Incarceration (jail or prison).
  • Probation.
  • Fines.
  • Payment of restitution to the crime victim.
  • Community service.
  • Drug and alcohol rehabilitation.

A skilled defense attorney can dramatically affect the sentence by presenting mitigating evidence and arguing for the least restrictive outcome appropriate under the law.

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