The Law Offices of David J. Hernandez & Associates
New York Criminal Defense Attorneys
We Aggressively Protect the Rights of the Accused
If you're currently under investigation or already face criminal charges, we can guide you through the process and make sure your rights are protected. Taking steps early in your case could mean the difference between getting the charges reduced or dismissed or facing stiffer fines and prison later. At the New York law offices of David J. Hernandez & Associates, our criminal defense lawyers accompany you to any hearing, arraignment, interview, or discussion with the police or authorities. Standing by your side, we advise you of your rights and what should be done to protect your interests.
Don't stay up nights worrying - get the information you need now. Contact New York criminal defense attorneys at the law offices of David J. Hernandez & Associates today. Representing clients in Brooklyn, Manhattan, the Bronx, Queens, and Staten Island, as well as in Nassau County and Kings County, we provide free consultations and evening and weekend appointments.
Criminal Defense - An Overview
Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation.
A skilled attorney can fight for your legal and constitutional rights.
Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.
Criminal Liability
Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.
The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.
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Constitutional Protections of the Criminal Defendant
When our country was founded, its supreme law was recorded in a document called a constitution. A national constitution establishes the country's basic philosophy and structure and can be looked at as the blueprint from which the laws will flow. The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people.
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Classifications of Crimes
Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. If you face questioning or arrest or are accused of a crime, you should consult an experienced attorney as early in the process as possible for help protecting your legal and constitutional rights. A criminal-defense lawyer can explain the particular crime involved and its possible ramifications.
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The Death Penalty
Worldwide, capital punishment is becoming less popular and is seen increasingly as a human-rights violation. The majority of executions take place in Iran, China and the United States. In the US, 37 states and the federal government allow execution as a criminal penalty under certain circumstances. The states with the highest numbers of executions are Texas, Florida, Virginia, Missouri and Oklahoma. Experienced legal counsel is of the utmost importance for anyone accused of a capital crime.
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Finding a Job After a Criminal Conviction
Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who ultimately harm others. However, the laws vary widely from state to state about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal. If you have a criminal record and seek a job, it is in your best interest to consult with an attorney knowledgeable in criminal law and employment law so that you go into the job search fully informed of your rights and restrictions.
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