New York Criminal Attorney: When Required

Criminal Processes
A New York criminal attorney is the best guide to make a person charged with crime aware of the legal rights available to him in the complicated process of New York criminal laws. The New York defense attorney understands the criminal processes like stop, search and arrest as discussed below and can help the charged person to move his case effectively through the legal processes.

Stop & Search
The police may stop a person for questioning on suspicion of breach of law. Unlike in case of arrest, the stopped person is just detained in the same place and not moved to a different location. The person stopped will be acting within his rights if he refuses to answer the questions asked by the police. The police may search the residence, office or any other place connected to a person on the authority of a search warrant required to be issued by a judge based on probable cause. Such probable cause to search specified items suggests connection of these items with criminal activities and the place where the search is being made will in all probability reveal the items linked to criminal activities. Although search warrants are required as a general rule for conducting searches, there may be cases of searches without warrants also. For example the body or clothing of a person can be searched by police when arresting a person if possession of arms or contrabands is suspected. Likewise the inside of the vehicle of an arrested person can be searched by police without the necessity of a search warrant. However a person may not consent to body searches.

Arrest
No arrest can be made by police without probable cause. No arrest warrant is required where there is reasonable ground (probable cause) to suspect incidence of a crime and involvement of a person in the crime. The constitutional rights to remain silent and to have a criminal attorney protect the person charged.