According to National Public Radio, unsolved murders are at all-time highs in the United States. The New York Police Department also reports that the “clearance rate” for murders in the fourth quarter of 2024 was under 50%. In other words, most murders in New York do not even lead to arrests – much less convictions. In addition, the Council on Criminal Justice states that “fewer than half” of murders in the United States lead to conviction. Although these statistics may seem encouraging for those accused of murder, defendants must still take homicide charges seriously. Murder is among the most serious crimes one can commit in New York, and it can lead to life imprisonment. An experienced defense attorney in New York can help defendants assess their next potential steps after being accused of murder. Consider calling (845) 567-4820 to schedule a consultation and discuss defense strategies with The Law Office of Benjamin Greenwald.
What Should I Say to Police After Being Accused of Murder?
Immediately after making murder accusations and arrests, law enforcement typically attempts to question suspects. Those who find themselves in this situation should remember their rights under New York law and the United States Constitution. Specifically, the Fifth Amendment allows suspects and defendants to remain silent when questioned by law enforcement. This right is important because no one is allowed to interpret silence as a sign of guilt in the United States.
During a murder arrest, police officers must read suspects their rights – including their right to remain silent. They may also tell suspects that anything they say “can and will” be used against them in a court of law. Even if a defendant attempts to verbally protest their innocence, these words may prove to be incriminating. For this reason, it is best to remain silent during and after an arrest for murder. No matter how many times police ask questions, defendants are always allowed to exercise their right to remain silent. They may continue to exercise this right throughout the entire criminal justice process, even during their murder trial. Those accused of murder should avoid saying anything to law enforcement until they have had a chance to contact a defense attorney at an established firm like The Law Office of Benjamin Greenwald.
What Should I Say to My Attorney After Being Accused of Murder?
Although it is best to avoid speaking with law enforcement immediately after being accused of murder, a defendant should tell their defense attorney as much as possible during an initial consultation. These disclosures may feel uncomfortable, especially when providing lawyers with information that may be incriminating. However, it is important to understand that all discussions with a defense attorney are completely confidential due to “attorney-client privilege.” This means that if an attorney repeats any of these discussions in public, they will face various consequences – including the loss of their license to practice law.
The only exception is if a defendant tells their lawyer a plan to commit new crimes in the future. In this situation, the lawyer is legally obligated to warn the authorities. All other statements (including confessions) uttered during private meetings with a defense attorney must remain confidential. Defense lawyers build defense strategies around the facts of each case. Without sufficient information, it may be difficult for them to efficiently defend their clients. This is why being open and transparent with a defense attorney is so important. Remember, a defense attorney must defend their client to the best of their abilities – even if the attorney knows their client is guilty.
You Must Be Indicted Before a Trial Can Proceed
Unlike misdemeanor defendants, those accused of murder must be “indicted” by a Grand Jury before their trials can proceed. A Grand Jury is a “jury of inquiry” made up of New York citizens. However, they do not determine the guilt of a defendant. Instead, they decide whether there is sufficient evidence to move forward with a trial. Only the prosecution is present during this process. If the prosecutors do not have enough compelling evidence, the Grand Jury may not indict the defendant – and the case will not proceed any further.
If the Grand Jury determines that the felony charge should move forward, the defendant will face a subsequent process called “arraignment.” During this hearing, the court will formally inform the defendant that they have been charged with murder.
Understand the Different Types of Murder in New York
Those accused of murder should quickly determine which specific charge they face. There are three “degrees” of murder in New York (not counting manslaughter). These include first-degree murder, second-degree murder, and third-degree murder. First-degree murder is the most serious, and it may lead to life imprisonment without parole. This offense often involves murders during felonies, or the murder of law enforcement officers and witnesses.
Second-degree murders are intentional, but they lack the aggravating factors of first-degree murders. This offense can also lead to life imprisonment, but with the possibility of parole after 25 years. Alternatively, second-degree murder can lead to a prison sentence of up to 25 years. Third-degree murders are unintentional, but New York courts do not see them as manslaughter. The difference is that while manslaughters represent pure “accidents,” third-degree murders represent accidental killings that occur during the commission of felonies. Third-degree murders are associated with lower sentences compared to second-degree murders. As each type of murder has different “elements,” it is important for a defendant to determine their specific charge before building a defense strategy.
The Law Office of Benjamin Greenwald May Be Able to Help Those Accused of Murder
After being accused of murder by law enforcement, it may be difficult to think clearly. However, these next few steps could be crucial – and even a small mistake might have dire consequences. Online research represents a positive first step for those accused of murder, and it may help them avoid various common errors. Once a defendant understands the general criminal justice process, they often choose to work with experienced criminal defense attorneys in New York. With assistance from these legal professionals, it may be possible to clear up misunderstandings, push back against baseless accusations, and mitigate legal consequences. To speak more freely about this issue in a confidential setting, consider dialing (845) 567-4820 for The Law Office of Benjamin Greenwald today.
