Nassau County Criminal Defense Lawyers

Start with the court, the charging paper and the next date.

A Nassau County criminal case should be evaluated from the documents, not from a search-result label. Keep the appearance ticket, felony or misdemeanor complaint, supporting deposition, release papers, order of protection, property voucher and every court or DMV notice. Identify the court, part, date and time printed on the most recent paper. If police, prosecutors or an investigator asked for an interview, preserve the request and consult counsel before discussing the facts.

Lebedin Kofman LLP maintains a Long Island office at 300 Merrick Road, Suite 403, Lynbrook, New York 11563. The office is not a courthouse. Confirm the consultation arrangement before traveling, and follow the location and appearance instructions issued in the case.

Which Nassau County criminal court handles the case?

The answer depends on the accusatory instrument, offense level and procedural stage. A felony arrest can begin in a local criminal court even though a felony trial belongs in a superior court. A misdemeanor or violation can remain in a local criminal court. Town and village justice courts also hear criminal matters within their jurisdiction. The caption on the current papers controls where the next appearance is scheduled.

CPL § 10.30 gives local criminal courts trial jurisdiction over offenses other than felonies and preliminary jurisdiction over offenses subject to superior-court and grand-jury authority. CPL § 10.20 gives superior courts exclusive trial jurisdiction over felonies and concurrent misdemeanor jurisdiction. Those rules explain why “felony case” does not necessarily identify the first courthouse.

What happens at the first court appearance?

The first appearance can address the charges, counsel, release conditions and the next procedural step. Under CPL § 170.10, a person arraigned on an information, simplified information, prosecutor's information or misdemeanor complaint must be informed of the charges, receive the accusatory instrument and has the right to counsel. Some appearance-ticket matters may be handled through procedures allowed by the court, but a person should not assume attendance is excused without case-specific confirmation.

For a felony complaint, CPL § 180.10 describes arraignment in a local criminal court, the right to counsel and the right to a prompt hearing on whether sufficient evidence supports holding the person for grand-jury action, subject to waiver and other provisions. A later indictment can move the prosecution into County Court. The attorney should identify the present instrument and stage before advising on hearings, grand-jury issues or motion deadlines.

Read every release condition and order of protection literally. Do not rely on a private assurance that contact is acceptable, and do not use another person or account to evade a no-contact direction. Bring the complete order to counsel so its protected people, locations, expiration date and permitted exceptions can be reviewed.

The arresting agency does not determine the substantive defense.

A matter may involve the Nassau County Police Department, a village or city police department, New York State Police or another agency. The agency can affect where records, video and property are held, but New York statutes and the charged instrument define the alleged offense. Record the agency, precinct or command, arrest location, officer names shown on the papers and voucher numbers without contacting witnesses to coordinate accounts.

The place of arrest and the court location are not always the same. Confirm both. For a traffic-related arrest, include the road, direction of travel, stop location, collision information, tickets and every license notice. For a search case, include the stated basis for entry or seizure, warrant paperwork if provided, rooms or vehicles searched and the people who had access to the location.

Charge-specific issues still control the defense.

“Nassau County criminal case” is a location description, not a single practice area. Counsel should read each count and identify the conduct, mental state, injury, property, weapon, controlled substance, vehicle or financial record the prosecution must prove. Common categories call for different evidence and collateral-risk reviews:

• DWI and vehicle charges: operation, the reason for the stop or encounter, observations, chemical testing, refusal allegations, video, license status and separate DMV deadlines.
• Domestic-incident allegations: statements, photographs, medical evidence, 911 recordings, relationship allegations and every temporary order of protection.
• Assault and robbery allegations: identity, intent, claimed injury, medical proof, justification, witness accounts, video and any property or weapon theory.
• Gun and weapon charges: the exact item, operability where relevant, possession theory, search, location, access by others and any license or statutory exception.
• Theft, fraud and financial allegations: ownership, authorization, intent, valuation or loss, account attribution, original records and how a business dispute is being characterized.
• Drug allegations: possession theory, search, laboratory proof, weight, identification of the substance, intent and any treatment or health issue that counsel should know.

A single incident can produce several counts. Each must be evaluated separately. A website cannot determine whether evidence will be suppressed, a charge will be reduced or a case will be dismissed from the arrest label alone.

Preserve evidence before it disappears.

Early preservation is useful because private video, vehicle data, messages and business records can be overwritten or lost. Keep originals. Do not crop, annotate or forward the only copy of a recording. Do not delete a message, reset a device, alter an account or ask another person to change a statement. Tell counsel what exists and where it came from so lawful preservation and collection can be considered.

• Save every charging paper, ticket, court notice, release condition and order of protection.
• Keep unedited photos, audio, video, messages, call logs, location records and account exports already lawfully available to you.
• Write down possible cameras, witnesses and records, including approximate retention periods if known.
• Preserve medical, prescription, employment, school or treatment records only when they may be relevant; ask counsel before transmitting sensitive material.
• Prepare a private chronology that separates personal recollection from what a document or recording shows.

New York's automatic-discovery statute, CPL § 245.20, identifies broad categories of prosecution disclosure, including statements, police reports, recordings, photographs, scientific records, search-warrant materials and information relevant to defenses. Discovery review is not a file-counting exercise. Counsel should compare reports with recordings and physical or digital records, track missing items and evaluate protective-order or disclosure issues under the statute and court orders.

How the defense analysis develops

The defense should begin with jurisdiction, the legal sufficiency of the charging instrument and the elements of each count. It can then test identification, intent, possession, authorization, injury, valuation, scientific proof or another disputed element against the evidence. Search-and-seizure, statement and identification issues depend on the actual record and may require motion practice and hearings.

Release conditions and practical consequences also need attention. Tell counsel about immigration status, professional or firearm licensing, employment, school, housing, commercial driving, an out-of-state license, security clearances and any Family Court, DMV or federal proceeding. Those concerns do not replace the criminal defense, but they can affect the information needed before a decision.

Possible stages include arraignment, discovery, investigation, motions, hearings, negotiations, grand-jury proceedings and trial preparation. Not every case reaches every stage. A useful case plan identifies the next decision, who must act, the controlling deadline and which evidence is still missing.

Preparing for a confidential consultation

When contacting the firm, provide a short initial summary: the charged sections if known, the court and part, the next date, custody or release status, any order of protection, the investigating agency and the most urgent question. Do not send a long factual confession through a website form. Ask how the firm wants court papers and sensitive records transmitted.

Lebedin Kofman LLP is available around the clock for urgent criminal matters. Availability does not change a court deadline or authorize conduct prohibited by an order. If an appearance, surrender request, police contact or evidence-retention problem is imminent, call 646-663-4430 and identify the deadline at the start of the call.