top of page
pexels-mikhail-nilov-8730998.jpg

Criminal Defense FAQ

A criminal investigation or charge can raise immediate questions about your freedom, driving privileges, employment, and family. Our White Plains criminal defense practice represents clients in New York State and federal matters. These answers explain common decisions and procedures so you can prepare for a conversation about your particular case.

Where can I find a criminal defense lawyer in White Plains?

The Law Office of Kevin B. Faga represents people facing criminal investigations, arrests, and charges from its office at 222 Bloomingdale Road, Suite 202, White Plains. Our criminal defense practice includes New York State and federal matters. Call 914-358-1373 to discuss the type of charge, the court involved, and any upcoming appearance.

How do I choose the best criminal defense lawyer for my situation in New York?

Evaluate experience with the particular charge and court, preparation, communication, and the lawyer's explanation of possible strategies. Ask who will appear with you and what work the fee covers. A label such as 'best' does not establish suitability or predict an outcome. Kevin B. Faga's background includes more than 30 years of criminal defense experience in New York State and federal courts.

Can I get a criminal defense consultation in White Plains?

Yes. Contact our White Plains office to request a consultation about an investigation, arrest, or pending charge. Have the charging documents, court name, next appearance date, and any release conditions available. Tell the office if the person involved is in custody. Ask about scheduling, consultation fees, and the proposed scope of representation when arranging the appointment.

Should I hire a criminal defense attorney before I am arrested?

It can be useful to obtain advice as soon as you learn that you may be under investigation. Counsel can evaluate the situation, address communications with investigators, and identify evidence that should be preserved. Waiting for formal charges can leave important decisions unaddressed. Receiving a request for an interview or a subpoena is a reason to seek advice promptly.

Should I speak with the police to explain my side of the story?

Get legal advice before agreeing to an interview about suspected criminal conduct. Even an explanation intended to clear up confusion can become evidence. You can clearly state that you want a lawyer and do not wish to answer investigative questions. Do not lie, interfere with officers, or disregard lawful orders. Counsel can assess the circumstances and advise how to respond.

What should my family do if I am arrested?

A family member can gather the person's full name, the arresting agency if known, and the location where the person is being held, then contact defense counsel. Preserve notices and information about possible court appearances. Avoid discussing the alleged facts through public posts or assuming that ordinary jail calls are private. Counsel can advise about the next available proceeding and communication arrangements.

What happens at an arraignment in New York?

At an arraignment, the court addresses the charges, the defendant's rights, a plea, and the next procedural steps. Depending on the case, release conditions, bail, and an order of protection may also be considered. This is a significant proceeding even though it usually does not resolve the evidence. Defense counsel can explain the accusations and advocate on the issues the court must decide.

What is the difference between a misdemeanor and a felony?

Both are criminal classifications, but felonies are generally the more serious category. The specific charge and its classification affect potential penalties and how the prosecution proceeds. A familiar-sounding charge should not be treated as minor without reviewing the actual statute and allegations. Counsel should also assess consequences involving employment, licensing, immigration, and existing criminal history.

Do I need a lawyer if I received an appearance ticket instead of remaining in custody?

An appearance ticket still requires attention to the allegations and the scheduled court date. Release after an arrest does not mean that the charge has been dismissed. Give counsel the ticket and all accompanying paperwork promptly. Confirm the court, date, and any restrictions, and do not assume that contacting a lawyer excuses your attendance.

Will I have to post bail after an arrest?

Bail is not required in every case. New York release rules depend on the charge, the procedural circumstances, and applicable law. Courts may impose different forms of release or, in eligible cases, set bail or order detention. Defense counsel can address the available options and relevant information; an attorney cannot guarantee release or a particular bail amount.

Can a DWI case affect my driver's license before the criminal case ends?

Yes. A DWI-related matter can raise license issues while the criminal charge is pending. A chemical-test refusal can also lead to a separate DMV hearing. The criminal case and administrative process have different purposes and consequences. Provide counsel with every ticket, suspension notice, and DMV document promptly so that both sets of issues can be evaluated.

What evidence can a criminal defense lawyer review or challenge?

Depending on the allegations, relevant evidence may include police reports, recordings, witness accounts, identification procedures, physical evidence, and statements attributed to the accused. Counsel examines how evidence was obtained and whether legal grounds exist to challenge its use. Not every irregularity requires dismissal. The significance of an issue depends on the facts, the governing rules, and the rest of the evidence.

What if I am accused of something I did not do?

Tell your attorney the complete account and identify records, witnesses, locations, and dates that may support it. Preserve messages and other existing evidence without altering or deleting anything. Avoid confronting the complainant or trying to influence witnesses. A defense requires careful review of what the prosecution must prove, even when you believe the allegation is plainly wrong.

Can I contact someone if an order of protection says to stay away?

Follow the actual terms of the order unless the court changes them. An invitation, apology, shared family obligation, or the other person's request for contact does not itself modify a court order. Ask counsel how the restrictions apply to messages, third-party contact, children, and property retrieval. Violating the order can create additional legal problems.

Can the complaining witness have criminal charges dropped?

A complaining witness does not control the prosecution's decision to continue or dismiss a criminal case. The prosecutor evaluates the evidence and applicable law, and court approval may be required for a disposition. Do not pressure anyone to withdraw an allegation. Give relevant information to your lawyer so it can be addressed through proper legal channels.

Should I accept a plea offer?

Evaluate the evidence, trial risks, exact charge, proposed sentence, and consequences beyond the criminal court. A plea can affect immigration, professional licensing, employment, housing, or another pending matter. Ask counsel what rights you would give up and whether the proposed terms are confirmed. A fast resolution is useful only if you understand what you are agreeing to.

Will my criminal case go to trial?

Some cases resolve through dismissal, a negotiated plea, or another permitted disposition; others proceed to hearings or trial. The appropriate path depends on the evidence and your objectives. Trial preparation helps counsel evaluate the prosecution's proof and the alternatives. No one should promise that your case will be dismissed, settled, or won before the necessary analysis.

What if I am not a United States citizen and face criminal charges?

Tell defense counsel about your immigration status before considering a plea or other disposition. Immigration consequences can differ from the criminal penalty and may arise even when a proposed outcome appears favorable. Defense strategy should be informed by advice from qualified immigration counsel when appropriate. Do not assume that a sealed record or a sentence without jail eliminates immigration concerns.

Can a criminal case affect my job, professional license, or family case?

It may. Reporting duties, employer policies, licensing rules, and issues in a related custody proceeding can require separate analysis. Give your lawyer relevant employment agreements, professional notices, and existing family court orders. The best response depends on the particular obligation; do not assume that every arrest must be reported or that the criminal case resolves every related issue.

Can a New York criminal record be sealed?

​Some records qualify for sealing under particular statutes, including New York's Clean Slate framework, but eligibility, timing, implementation, and access exceptions matter. Sealing does not mean that every agency loses access or that every conviction disappears. Ask counsel to review the actual record and the rules currently applicable to it before relying on a background-check assumption.

Image by Scott Graham

Request a consultation

Facing an investigation, arrest, or criminal charge? Call 914-358-1373 to request a consultation with our White Plains criminal defense office. Identify any scheduled appearance or urgent deadline when you call.
bottom of page