Consequences and Your Rights with Criminal Charges

Being arrested and charged with a crime is usually a frightening experience. It is even more frightening if you have no previous experience with the criminal justice system. The impact of a criminal conviction is often far-reaching and long-lasting, meaning you need an experienced New York criminal defense attorney on your side from the moment of your arrest.

At The Law Offices of Simon & Gilman, LLP, we understand what is at stake when someone is charged with a crime which is why we are dedicated to protecting your rights throughout the prosecution of your case. We promise to aggressively defend you and work tirelessly to minimize the negative impact of your arrest. Don’t wait — if you’ve been charged with a crime in Queens, NY, time is critical to protecting your future. Contact Simon & Gilman, LLP today for your free consultation with an experienced Queens criminal defense lawyer.

If you have been arrested and charged with a crime in Queens or the greater metropolitan New York area contact Simon & Gilman, LLP, today by calling 718-459-6200 or 332-264-7559 or by filling out our online contact form. Protect your rights and your future by calling today!

Consequences Of A Criminal Conviction

In the 21st century, even a conviction for a minor offense will follow you for life. Moreover, the consequences of a criminal conviction frequently extend far beyond the punishment actually handed down by the court. Although each case is unique, some of the more common negative nonjudicial consequences of a criminal conviction include:

• Loss of employment and/or disqualification for employment
• Loss of financial aid for higher education
• Disqualification for federal or state assistance programs
• Disqualification for housing
• Loss of driving privileges
• Increased insurance rates
• Disciplinary measures for a professional license
• Loss of civil rights, including the right to vote and own a firearm
• Interference with visitation rights with minor children

For many people, the nonjudicial consequences of a criminal conviction are far more severe than the sentence imposed by the court.

If you need more information about criminal defense strategies, visit our Criminal Defense Lawyers page.

Your Rights As A Defendant

As an accused in a criminal prosecution you have a number of rights guaranteed to you by the United States Constitution. Among those rights are the following:

• Right to remain silent
• Right against self-incrimination
• Right to confront the witnesses against you
• Right against unreasonable search and seizure
• Right to counsel

Though these rights exist and cannot be taken away from you, you must assert your rights for them to be of benefit to you. To do that, you often need an attorney by your side. At Simon & Gilman, LLP, we believe in the concept on which our criminal justice system is founded — that an individual is innocent until proven guilty.

Frequently Asked Questions

What should I do if I’ve been arrested in Queens?

If you’ve been arrested, remain calm, exercise your right to remain silent, and contact an experienced criminal defense attorney immediately.

How long will a criminal conviction stay on my record?

In New York, most criminal convictions stay on your record for life unless you qualify for sealing or expungement under certain conditions.

What are the long-term consequences of a criminal conviction in New York?

A criminal conviction in New York can have long-lasting effects beyond any penalties imposed by the court. This includes difficulty finding employment, loss of professional licenses, and disqualification from government assistance programs. Additionally, a criminal record can affect housing opportunities and even your ability to travel abroad.

Can I lose my job because of a criminal conviction?

Yes, depending on the nature of the conviction and your employer’s policies, a criminal conviction can lead to job loss. Certain industries, such as education, healthcare, or jobs requiring a professional license, may have strict regulations concerning criminal convictions, which could result in termination or loss of certification.

How can a criminal conviction impact my ability to find housing?

Landlords often conduct background checks, and a criminal record could disqualify you from certain rental properties. Some housing authorities and rental programs, especially those with federal funding, may deny housing to individuals with criminal records.

Can a criminal conviction affect my immigration status?

Yes, if you are not a U.S. citizen, a criminal conviction can have serious consequences on your immigration status. Certain convictions could lead to deportation, ineligibility for naturalization, or denial of re-entry into the U.S. It’s crucial to consult with both a criminal defense attorney and an immigration attorney if you are facing criminal charges.

What should I do if I am falsely accused of a crime?

If you have been falsely accused of a crime, it is essential to remain calm and immediately seek legal representation. Do not speak to law enforcement without your lawyer present, as anything you say could be used against you. Your attorney will help you gather evidence and build a defense to clear your name.

How can a criminal conviction affect my ability to vote?

In New York, individuals convicted of a felony lose their right to vote while incarcerated. However, voting rights are restored upon release, even if the individual is on parole. Misdemeanor convictions do not affect your right to vote.

Can I have my criminal record sealed or expunged in New York?

New York allows certain convictions to be sealed, but the process is not automatic, and not all crimes are eligible. To qualify for sealing, you must meet specific criteria, including a waiting period of 10 years and having no more than two convictions (one of which can be a felony). Expungement is not an option in New York for most crimes, but your record can be sealed in limited circumstances.

What are my rights if I am pulled over by law enforcement?

If you are pulled over by law enforcement, you have the right to remain silent and not incriminate yourself. You should provide your identification, registration, and proof of insurance if asked, but you do not have to consent to a vehicle search unless the officer has a warrant or probable cause. If you are arrested, ask for an attorney immediately.

Can a criminal conviction affect my child custody or visitation rights?

Yes, a criminal conviction could negatively impact your child custody or visitation rights. Courts often consider the best interests of the child, and a criminal record, especially for violent offenses or drug-related crimes, can lead to restrictions on your visitation rights or affect a custody decision.

Contact Our Criminal Defense Attorneys in Queens, New York Today!

If you have been accused of a crime in New York or the surrounding area it is crucial that you obtain representation as soon as possible. Without an attorney on your side, many of your rights could be violated. Furthermore, the more time that passes the more likely it is that evidence or witnesses that could help your defense will disappear. For these reasons, we urge you to contact the criminal defense attorneys at Simon & Gilman, LLP, today by calling 718-459-6200 or 332-264-7559 or by filling out our online contact form. Let’s start preparing your defense today!