Being accused of a crime can be overwhelming. For an individual who is under investigation or has been charged with a crime it is essential to obtain the services of an experienced criminal defense attorney who is familiar with the criminal justice system. The lead attorney for the criminal defense section of Smith & Company is a former United States Justice Advisor and former Manhattan prosecutor and has experience handling matters in federal and state courts. He is familiar with the often-complicated maze of procedural and constitutional issues presented in a criminal case.
Smith & Company’s approach in every case is to ensure that the two most important tenets of the criminal justice system is strictly adhered to; the presumption of innocence and the prosecutor’s burden to prove each and every element of a crime beyond a reasonable doubt.
Our trial experience puts us in a unique position where the prosecutor knows we have the skills and experience to fight for our clients in a trial setting. Recognizing that a criminal conviction can have far reaching implications beyond the sentence imposed by a judge (especially for non-citizens), we do not advise our clients to plea unless every avenue has been explored. Having experience immigration and employment law attorneys on staff makes us uniquely qualified to identify collateral issues and advise our clients accordingly.
Although we handle all manner of criminal matters, drugs and fraud cases are areas of particular emphasis.
- Mail Fraud
- Wire Fraud
- Credit card
- Healthcare Fraud
- Gun possession
The United States Constitution prohibits certain conduct and grants us certain rights. Below are some of the rights that are applicable in a criminal case:
The Fourth Amendment:
- Prohibits unreasonable search and seizure.
The Fifth Amendment:
- Prohibits double jeopardy
- Prohibits self-incrimination
- Prohibits the deprivation of life, liberty or property without due process of law
The Sixth Amendment:
- The right to a speedy and public trial by an impartial jury
- The right to be informed of the law and potential punishment for violations of the law
- The right to confront (examine at trial) witnesses against you
- The right to compel witnesses in your favor to appear and testify at trial
- The right to have an attorney for your defense
The Eighth Amendment prohibits:
- Prohibits excessive bail,
- Prohibits excessive fines; and
- Prohibits cruel and unusual punishments.
The Fourteenth Amendment:
- Prohibits all States from enacting or enforcing any law which violates the privileges and immunities of the citizens of the United States
- Prohibits all States from depriving a person of life, liberty or property without due process of law
- Mandates that all persons are entitled to equal protection of the laws.
Article 1, Section 10:
- Prohibits states from making “ex post facto” laws – A state may not make a law after a crime has been committed and seek to punish you under the law that was not in existence at the time the crime was committed.