1. Why Does the Timing of Hiring a Criminal Defense Attorney in Brooklyn Matter?
The moment you are arrested or receive notice of criminal charges, the clock begins running on critical procedural deadlines that affect your rights and your options. In New York, you must be arraigned within 24 hours of arrest for misdemeanors or within 72 hours for felonies, and your attorney's work during this window can determine whether you remain detained, face unreasonable bail, or secure release on your own recognizance. Decisions made before and during this first appearance, including whether to invoke your right to remain silent and how to respond to bail recommendations, require counsel who understands both the specific charges and the judge assigned to your case.
The Arraignment Window in New York Criminal Court
New York Criminal Procedure Law requires that your arraignment occur within the statutory timeframe, and at that hearing, the prosecution presents its initial case for bail or detention. Your criminal defense attorney in Brooklyn will have had minimal time to review the charges, but the strategic decisions made at arraignment, including bail arguments and any motions to suppress or dismiss, can set the tone for months of litigation. Many clients do not realize that statements made to police before counsel arrives are often admissible and difficult to challenge later, which is why immediate legal guidance on remaining silent is critical.
Pre-Arraignment Decisions and Police Custody
If you are in police custody, you have the right to request counsel before any interrogation. Once you clearly state that you wish to speak to an attorney, police must cease questioning. In practice, this right is not always honored, and statements obtained in violation of it may be suppressed, but only if your attorney moves to suppress them and the court agrees. The difference between being prepared to invoke this right and being caught off-guard is substantial.
2. What Factors Should You Evaluate When Selecting a Criminal Defense Attorney in Brooklyn?
Your choice of counsel should rest on several concrete factors: experience with the specific type of charge you face, familiarity with the particular courthouse and judges, track record on bail and plea negotiations, and willingness to prepare for trial if necessary. A criminal defense attorney nearby who has handled dozens of misdemeanor drug cases may not be the right fit if you are facing a felony white-collar charge, and vice versa. Specialization and local court knowledge matter more than general reputation.
Experience with Your Specific Charge Type
Criminal charges range widely in complexity and consequence. A felony assault charge in Brooklyn Criminal Court demands different preparation than a misdemeanor theft, and a sex offense allegation involves entirely different discovery rules and expert testimony considerations. When you consult with potential counsel, ask directly about their caseload in your charge category and their outcomes. Request specificity: not just I have handled many cases like yours, but I have negotiated dismissals in X percent of cases and taken Y cases to trial in the last three years.
Courthouse and Judge Familiarity
Brooklyn has multiple criminal court locations, and each has its own docket, procedures, and judicial temperament. A lawyer who appears regularly in Brooklyn Criminal Court at 120 Schermerhorn Street will know which judges favor certain types of motions, which prosecutors are willing to negotiate early, and which courtrooms have backlogs that affect trial scheduling. This institutional knowledge is not theoretical; it directly influences strategy and timing.
3. How Does the Discovery Process Work in Brooklyn Criminal Cases?
Under New York's discovery rules, the prosecution must provide you with evidence in its possession, including police reports, witness statements, and physical evidence, within a timeframe set by the court. Your criminal defense attorney in Brooklyn will use this discovery to identify weaknesses in the prosecution's case, inconsistencies in witness accounts, and potential violations of your rights during investigation. The quality and completeness of discovery often determines whether your case is resolved through negotiation or proceeds to trial.
Brady and Giglio Obligations
Prosecutors have a constitutional duty to disclose exculpatory evidence (Brady material) and evidence that impeaches prosecution witnesses (Giglio material). In Brooklyn cases, defense counsel who understand these obligations can identify when discovery is incomplete and move to compel production or, in some instances, seek sanctions. Prosecutors who fail to comply with these duties may face motions to suppress evidence or, in egregious cases, dismissal of charges.
Motion Practice and Suppression Hearings
Your defense may turn on whether evidence obtained during a search, arrest, or interrogation was lawful. A motion to suppress under New York Criminal Procedure Law Section 440 can exclude evidence obtained in violation of your Fourth Amendment or state constitutional rights. Criminal complaint defense often hinges on these motions, which require detailed legal briefing and cross-examination of police witnesses. If the motion succeeds, the prosecution may be forced to dismiss charges or negotiate a favorable resolution.
4. What Are Your Options If You Cannot Afford a Criminal Defense Attorney in Brooklyn?
If you cannot afford private counsel, you have the right to a public defender or assigned counsel through the Legal Aid Society or the Public Defender's Office. These attorneys handle thousands of cases and have deep knowledge of Brooklyn courts, though caseloads sometimes limit the time available for individual cases. You can request assigned counsel at your arraignment, and the court will determine whether you qualify based on income and assets.
Legal Aid Society and Public Defense Options
The Legal Aid Society operates the Criminal Defense Practice in Brooklyn and handles a substantial portion of felony and misdemeanor cases. Many assigned public defenders are experienced and committed, though you should be aware of their caseload and ask about their availability for case preparation and investigation. Some clients benefit from a combination of assigned counsel for initial representation and private counsel for specialized motions or expert testimony.
5. How Should You Prepare for Your First Consultation with a Criminal Defense Attorney?
Bring any documents you have received: arrest paperwork, summonses, police reports, or correspondence from the prosecutor's office. Write down a timeline of events leading to your arrest or charges, and prepare a list of potential witnesses or evidence you believe supports your defense. Be candid with your attorney about the facts; attorney-client privilege protects your communications, and your counsel cannot defend you effectively without knowing the full story, including any statements you have already made to police.
Questions to Ask Your Criminal Defense Attorney
Ask about fee structure (hourly, flat, or contingent), estimated timeline to resolution, likelihood of plea versus trial, and the attorney's strategy for your specific charges. Inquire about their experience with the prosecutor assigned to your case and the judge who will preside. Request clarity on what you should and should not do while the case is pending, including social media use and contact with witnesses. Criminal defense requires clear communication, and your attorney should explain the risks and benefits of each option available to you.
The outcome of your criminal case depends significantly on the decisions made in the first weeks after arrest. Early retention of experienced counsel who understands Brooklyn's courts and the specific charges you face creates opportunities for negotiation, suppression of unlawful evidence, and strategic positioning that may not be available later. As you evaluate your options, focus on substance over cost alone, and do not hesitate to seek a second opinion if your initial consultation raises concerns about the attorney's knowledge or approach to your case.
09 Apr, 2026
