New York City Criminal Defense
What are the different types of Crimes? A crime is a wrong against the state or federal government and is subject to punishment by imprisonment, fine, restitution or other penalty. Jon Marks will defend you in all types of criminal cases, including Federal Criminal Defense cases. Crimes are divided into two categories: Felonies & Misdemeanors.
Felonies: A felony is any serious crime punishable by death or imprisonment in excess of one year. Common felonies include:
- Drug Crimes
- Sex Crimes
- Weapon Possession
- White Collar Crimes
A step by step in New York Criminal Defense
Jonathan Marks has been defending people accused of crimes in the federal and New York State courts since 1978. Clients ask how he does it. This article describes his approach.
The first step is to analysis the charging instruments ,i.e., the complaint, the indictment or the information, in order to determine the crimes charged, the prosecution’s theory and the nature of the evidence against the defendant. This process requires the assistance of the client, who has unique knowledge as to the basis for the charges.
The client must be carefully and thoroughly “debriefed” concerning his knowledge of the transactions underlying the charges. If he has evidence -- physical, documentary or testimony – Mr. Marks will carefully analyze it. Should the client have know the identity of possible witnesses, Mr. Marks will attempt to determine their status – are they cooperating, have they been charged – and in appropriate circumstances approach them with a private investigator.
Mr. Marks will determine any legal defenses, including challenges to the prosecutor’s evidence, such as evidence obtained as the result of an unlawful search or an involuntary statement arising from law enforcement questioning.
Mr. Marks is an expert in the Federal Sentencing Guidelines and has an intimate knowledge of the sentencing history of most of the federal judges in the district courts in the New York City area. If necessary, he will consult his network of other practitioners for their experience.
Our New York White Collar Crime Lawyer can help your case defense. Call now.
Once Mr. Marks has a thorough understanding of the nature of the charges and the likely evidence in support and the evidence supporting a defense, including mitigating factors, he will approach the prosecutor in order to determine the prosecutor’s objectives and view of the case. Having spent decades as a prosecutor and a defense lawyer, Mr. Marks has an excellent trusting relationship with all of the prosecutorial offices in the New York area. He has access to those offices at the top levels.
By this time, Mr. Marks will have made a determination as to the strength of the prosecution’s case, the viability of a defense, mitigating factors, and the client’s sentencing exposure. He will be able to advice the client as to whether he should go to trial, engage in plea bargaining or cooperate with the prosecution.
While Mr. Marks will give the client his best advice as to whether to go to trial, to plea bargain or to cooperate, he is mindful of the fact that the decision as to whether to plead guilty or proceed to trial, whether before a jury or a judge without a jury, or to attempt to enter into a cooperation agreement is the client’s.
Should the client wish to plead guilty, Mr. Marks will obtain the best possible result through plea bargaining.
Mr. Marks’s advice is based on his long and successful career, in which he has become a well-respected expert in the criminal justice system.
Mr. Marks is a famously skilled trial lawyer, who uses his ability and experience to prepare and conduct a trial in order to obtain a favorable outcome.
In addition to imprisonment or death, convicted felons may lose their voting rights, be excluded from certain types of work, be prohibited from holding certain licenses, and be prohibited from purchasing or possessing firearms or ammunition. If you need more information about criminal laws contact the New York City Law Office of Jonathan Marks.