Criminal Law


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Since 1991, there has been a steady increase in the number of adults arrested in New York City. To be convicted of a crime, a prosecutor must prove beyond a reasonable doubt that your conduct is criminal, as defined by the New York Penal Code or other Criminal Law. This is usually a high burden of proof for the prosecutor to meet.

At all stages of the criminal process, any person suspected of or charged with a crime is entitled to certain inalienable rights derived from the U.S. Constitution. At McKinley Onua & Associates, we recommend that you immediately consult with an attorney in every criminal matter to preserve your rights, even if you are innocent and have not been arrested. It is important that you are knowledgeable of your legal rights before you attempt to resolve any perceived misunderstanding.

Most importantly, do not talk to the police or detectives about any potentially criminal activity that you have been accused of or have been involved in without your attorney present. Do not confess or sign any documents given to you by the police unless you have consulted with your attorney first. McKinley Onua & Associates attorneys will consider every possible defense for your case. Our firm uses all necessary investigative measures to win criminal cases. We interview witnesses, run background checks on all potential witnesses, visit and analyze the crime scene, utilize private polygraph test, and hire expert witnesses to assist in the trial process. We have an excellent track record for success and are committed to providing the best possible defense in every criminal matter.

Frequently Asked Questions

When can a police officer conduct a search?

An officer can only conduct a search with your consent, with a search warrant, in the event of an emergency, or if there is probable cause that a crime is being committed. Generally, probable cause exist when a reasonable person would believe, based upon the circumstances, that a crime is being or has been very recently committed.

What should I do if an officer is conducting an illegal search?

Do not do anything to elevate any tension. Pay close attention to everything the officer does, then tell your attorney as soon as possible. If an officer finds any items during an illegal search, your attorney can have that evidence suppressed (excluded from the case) so that that evidence cannot be used against you. Your job is to remember all the details so that your attorney can help prove that the search was illegal.

What should I do during an arrest?

It is important that you preserve your rights immediately. Defendants are provided several key constitutional rights that may help win their case. Defendants always have the right to remain silent and have the right to have an attorney present during any questioning. You should request to consult an attorney and refuse to be questioned or give any statement until your attorney is present.

When do I tell my story?

The first time you should tell your story is to your attorney. Your attorney will relay the details of your case when it best serves you. It is critical to remember that what the Defendant says can be used against him/her. What the defense attorney says should not be used against the Defendant.

What is an arraignment?

An arraignment is a brief hearing where the Defendant is read specific charges against him and bail, if any, is set. It is the first step in the criminal process after an arrest.

How is bail determined?

Bail is determined by the seriousness of the alleged crime, the threat that the accused poses to the public and the likelihood that a Defendant may flee from prosecution. The judge will look at factors such as family history, background, professional responsibilities, past criminal history, and the circumstances surrounding the case.

Can I get bail reduced?

A defense attorney may bring a motion to reduce bail during any proceeding in front of the court. The judge will make the determination.

What is the difference between a misdemeanor and a felony?

Generally, a misdemeanor crime is punishable by up to one year in jail. Misdemeanor trials are held in the state’s lower court. A felony crime is punishable by one year or more in a state prison or a penitentiary. The misdemeanor and felony arraignment processes are virtually identical to one another with one exception; in the felony arraignment process, a Defendant must be indicted by a grand jury before the case proceeds. If the grand jury does not indict the Defendant, then the case is usually dismissed.

What is an indictment by a grand jury?

An indictment is a formal written accusation created by the prosecutor and submitted to a grand jury. The grand jury determines whether or not there is enough evidence to convict a Defendant. Grand juries carry out this duty by examining evidence presented to them by a prosecutor.

Is a misdemeanor conviction public record?

Yes, both misdemeanors and felonies are public record.

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