FAQ | Law Offices of Abe George, P.C.

Question 1

What should I do if I am arrested in New York City?

Accepted Answer

Remain calm and do not resist arrest. Immediately invoke your right to remain silent — you are not required to answer questions beyond providing your name. Ask clearly for an attorney and do not speak to police without one present. Contact a criminal defense lawyer as soon as possible. The Law Offices of Abe George, P.C. is available to help at 212-498-9803.

Question 2

What is the difference between a misdemeanor and a felony in New York?

Accepted Answer

In New York, a misdemeanor is a crime punishable by up to one year in jail, while a felony carries a potential sentence of more than one year in state prison. Felonies are more serious charges and can have lasting consequences including loss of voting rights, difficulty finding employment, and immigration consequences. An experienced criminal defense attorney can often work to reduce charges or negotiate favorable outcomes.

Question 3

What is a Section 1983 civil rights claim?

Accepted Answer

Section 1983 of the Civil Rights Act allows individuals to sue government officials, including police officers, who violate their constitutional rights under color of state law. Common claims include excessive force, unlawful arrest, malicious prosecution, and denial of due process. Attorney Abe George, a former Manhattan ADA, has extensive experience litigating Section 1983 claims against the NYPD and other government entities.

Question 4

How do I file a police misconduct complaint in New York City?

Accepted Answer

You can file a complaint with the Civilian Complaint Review Board (CCRB), an independent city agency that investigates allegations of police misconduct including excessive force, abuse of authority, discourtesy, and offensive language. You can also file a complaint directly with the NYPD Internal Affairs Bureau. However, consulting a civil rights attorney before filing can help protect your rights and preserve evidence for a potential lawsuit.

Question 5

What is wrongful conviction and how can an attorney help?

Accepted Answer

A wrongful conviction occurs when an innocent person is found guilty of a crime they did not commit, often due to false testimony, prosecutorial misconduct, ineffective counsel, or flawed forensic evidence. An attorney can file post-conviction motions, seek DNA testing, investigate new evidence, and petition for a writ of habeas corpus. Abe George has worked with the Jeffrey Deskovic Foundation on wrongful conviction cases and understands the complex legal landscape involved.

Question 6

Can I sue the NYPD for excessive force or unlawful arrest?

Accepted Answer

Yes. If a police officer used excessive force or arrested you without probable cause, you may have grounds for a federal civil rights lawsuit under 42 U.S.C. § 1983 or a state law claim. These cases require prompt action because evidence can disappear and statutes of limitations apply. The Law Offices of Abe George, P.C. has successfully handled civil rights cases against the NYPD and other law enforcement agencies.

Question 7

What are my rights during a police stop or search in New York?

Accepted Answer

Under the Fourth Amendment, you are protected against unreasonable searches and seizures. Police generally need reasonable suspicion to stop you and probable cause to arrest or search you. You have the right to refuse consent to a search, though you should do so calmly and verbally. You have the right to remain silent and the right to an attorney. If your rights were violated during a stop or search, that evidence may be suppressed in court.

Question 8

How much does it cost to hire a criminal defense attorney in New York?

Accepted Answer

Legal fees vary depending on the complexity of the case, the charges involved, and the experience of the attorney. Many criminal defense attorneys charge flat fees for specific services or hourly rates for more complex matters. The Law Offices of Abe George, P.C. offers consultations to discuss your case and fee arrangements. Call 212-498-9803 or email abe@abegeorge.lawyer to schedule a consultation.

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