Scott Bookstein, PLLC

That is a critical stage of the case. I frequently get retained by clients during pre-arrest investigations. I have the telephone number for all NYPD Precincts on speed dial. I routinely call and interrupt police interrogations and immediately fax over a "formal letter of legal representation," something I can do from my smartphone from anywhere, at any time. Sometimes it involves a sit down meeting with the police or prosecution, where I present "our version" of the facts. I have also appeared at police precincts to insure that a line-up is conducted fairly, and is not "unduly suggestive." My early retention and intervention has prevented the police and/or prosecution from securing evidence they might otherwise have. In numerous instances, this has been the difference between a viable prosecution and the client not even being arrested.

Absolutely. A DAT is an arrest. Based on the nature of the charge, the client having sufficient identification and no or minimal criminal history, the police release him/her from the precinct instead of holding them until a Judge makes a bail determination. Just because you are released from the precinct, doesn't mean that the case is over or that it is not serious. Most DATs charge misdemeanors, where you face up to one year in jail. Moreover, you still have to appear in court for an arraignment, where the Judge can still set bail. Many summonses are returnable in the Criminal Court where a Judicial Hearing Officer (JHO) acts as both prosecutor and Judge. These are heard in a courtroom where you are unwittingly asked to waive your right to appear before a sitting Criminal Court Judge. Knowing the intricacies of how to handle these matters can be the difference between a positive or negative outcome.

Of course not. There are many "collateral consequences" of a criminal conviction. The impact on a client's immigration status can be life-altering. Even if you have a "green card" (are a permanent resident), doesn't mean that you aren't subject to drastic sanctions, such as deportation, denial of naturalization or the inability to re-enter the U.S. if you have travelled abroad. Professional licensing, drivers licenses, employment, property or monetary forfeiture, ability to secure student grants or student loans, housing, and public benefits are just a few of the other issues I see and address regularly.

Be calm and respectful. Getting indignant, even when warranted rarely helps and may escalate an already difficult situation. If the police ask for permission to search, you, your home, automobile, or containers (such as a handbag, knapsack etc), do not give permission, do not consent. Do not explain yourself or answer any questions. Instead, tell them that you refuse to speak to the police, but instead want to consult with your attorney. Even if the police tell you that they will get a search warrant or threaten you (telling you they will have to elevate the charges), do not consent to a search and do not make or sign any statements. Request the opportunity to make a call and contact a reliable family member or friend who will secure counsel for you. The police may overhear your conversation, so instead of describing what happened, tell them what the police are accusing you of doing. If arraigned and bail is set, be very careful what you say over the telephone as all D.O.C. calls (other than to the telephone number of a registered attorney, such as myself) are recorded and are often secured and reviewed by prosecutors at a later date.

Every case is unique, so there is no single answer. Instead, fees depend on the severity of the charges, complexity of the case, and stage of the proceedings. While some of my clients are wealthy, where money is no object, I also represent countless middle class individuals who struggle to save. It’s important to get a fair and reasonable fee, even when facing jail and the stakes are high. So I set a clear fee structure, without surprises and, when appropriate, will consider a payment plan.