Law Office of Andy Weinstein, Esq.Law Office of Andy Weinstein, Esq.2026-06-01T17:08:45Zhttps://www.andyweinsteinlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104710/2021/04/cropped-Andy-Site-Icon-min-32x32.jpgOn Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[Defendant options during a New York arraignment]]>https://www.andyweinsteinlaw.com/?p=488672026-06-01T17:08:45Z2026-06-01T17:08:45Zstate announces the charges the prosecutor intends to pursue. A judge reviews the proposed charges to ensure that the situation conforms to all legal requirements.
During an arraignment, the defendant and their attorney have an opportunity to respond, and must make a key decision about that response accordingly.
Arraignment allows for an initial plea
A defendant's arraignment is when they or their attorney inform the courts of how they intend to respond to the pending charges. Most defendants choose between entering a guilty plea and a not-guilty plea, although there are a few other options as well.
New York does not recognize a Nolo Contendere plea or an "Alford" plea. However, defendants can plead guilty only to a lesser included offense. An attorney can also assert that their client is not guilty due to mental disease or defect.
For those hoping to minimize the long-term implications of a recent arrest, a not-guilty plea is often the starting point of their defense strategy. They may negotiate a plea bargain or begin developing a comprehensive defense strategy intended to raise a reasonable doubt about the defendant’s guilt.
The sooner those facing criminal charges in New York retain legal representation, the better their chances of navigating court proceedings successfully. Having an attorney present during an arraignment can help criminal defendants understand their options and enter the most appropriate plea given their circumstances.
]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[3 mistakes that make things worse after an arrest]]>https://www.andyweinsteinlaw.com/?p=488652026-05-20T14:32:39Z2026-05-20T14:32:39ZAn arrest can feel confusing and stressful. In many cases, people react emotionally and make quick decisions that create bigger problems later. What you say or do during those first moments can affect your case, safety and even your future.
Therefore, it is important to stay calm and think carefully during any interaction with law enforcement. Read through these common mistakes to help you avoid actions that can increase charges or hurt your position later.
1. Letting emotions take over
One common mistake is arguing, yelling or becoming aggressive during an arrest. Even if you believe the arrest is unfair, emotional reactions can make the situation more tense. Officers may view aggressive behavior as resistance or a threat. This can lead to additional charges or force being used. Staying calm and speaking respectfully may help prevent the situation from getting worse.
2. Talking too much too soon
Many people try to explain themselves immediately after being arrested. They may think they are clearing up a misunderstanding, but too much talking can create problems. Small details can be misunderstood or used against you later. It is safer to remain composed and avoid giving long explanations at the moment. Short and respectful responses are usually the better choice until you fully understand the situation.
3. Resisting, even in small ways
Resistance does not always mean physical fighting. Pulling away, refusing instructions or trying to walk off can create serious issues. Even minor resistance may result in extra charges. It can also make the encounter more dangerous for everyone involved. Following the instructions may help reduce tension while protecting your safety.
Be in a calm state
The moments during an arrest are often emotional, but your actions still matter. Staying respectful, avoiding unnecessary statements and remaining cooperative may help prevent additional complications. Later, speaking with a legal professional who understands criminal defense matters can help you know your options clearly. ]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[Negotiating CAM fees in a commercial lease]]>https://www.andyweinsteinlaw.com/?p=488632026-05-02T11:57:57Z2026-05-02T11:57:57ZCommon area maintenance (CAM) fees can significantly increase the facility expenses of a company. As such, those preparing to sign a new commercial lease likely need support to negotiate the CAM fee terms included in a commercial lease.
CAM fees can be unpredictable
Sometimes, landlords charge a flat rate each month for the maintenance of parking lots, bathrooms another shared facilities. Other times, landlords may simply make each tenant responsible for a certain percentage of their overall monthly maintenance costs.
In that second scenario, CAM fees can be highly unpredictable. They may also not accurately reflect the wear and tear produced by individual tenants.
Those negotiating terms for a commercial lease maybe able to reduce the percentage of responsibility they accept. They could also make arrangements with the landlord to lock in a specific amount per month to ensure their costs are predictable.
Reviewing a lease with a commercial real estate lawyer and having them assist with negotiations can take some of the risk out of signing a long-term commercial lease. CAM fees are one of several lease conditions that may be negotiable for business tenants.]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[3 factors that may turn an investigation into a criminal charge]]>https://www.andyweinsteinlaw.com/?p=488612026-04-30T15:47:00Z2026-04-30T15:47:00Z1. Adequate evidence and credible witnesses
For a prosecutor to convict a defendant during a trial, they must prove beyond a reasonable doubt that the accused party committed a specific crime. The state must carefully evaluate the strength of forensic or financial evidence. They also need to look into the credibility of witnesses to validate that there is enough evidence supporting the case to pursue criminal charges.
2. The defendant's criminal record
Proving that a person intended to break the law requires an analysis of their behavior and personality. Individuals who have prior criminal records are more likely to break the law again in the future than those who have never intentionally violated the law. As such, a criminal record that includes similar offenses or a pattern of problematic behavior repeated over many years can convince prosecutors that new charges are worth pursuing in criminal court.
3. Current enforcement priorities and offense severity
Both public and political pressure can influence what cases prosecutors pursue. For example, increased public concern about fentanyl has led to a crackdown on those accused of manufacturing or distributing this dangerous synthetic opioid. Political pressure may also play a role, as prosecutors need support from the public and those in positions of authority to retain their positions.
Finally, the perceived seriousness of a crime can have a major impact on whether bringing charges after investigation is likely. Property crimes that have caused financial devastation and violent crimes are among those that may inspire more assertive action on the part of the prosecutor when compared with relatively minor offenses, such as low-value shoplifting cases.
Working with an attorney from the earliest stages of a criminal investigation can help people to successfully avoid unfair convictions. The state needs to review a situation carefully before deciding to bring charges in most cases. But that doesn’t mean it can’t make mistakes.]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[4 “rights” on TV that can get you arrested (or convicted) in real life]]>https://www.andyweinsteinlaw.com/?p=488592026-04-24T02:55:46Z2026-04-24T02:55:46ZTelevision makes criminal law look simple, dramatic, and often very wrong. Many people carry assumptions from crime shows into real-life encounters with law enforcement, only to learn that those “rules” do not apply the way they thought they would.
The following are four common television myths about your rights that can create serious legal trouble if you rely on them without context and solid legal guidance.
“The police have to tell me if they’re a cop.”
Undercover officers are generally allowed to misrepresent their identity during investigations. If an officer is working undercover and you ask whether they are law enforcement, they are not required to tell you the truth. Courts have long permitted this type of deception as part of legitimate investigative tactics. Relying on this belief can lead people to say or do things they would otherwise avoid, potentially thinking they are dealing with a civilian when they are not.
“It’s entrapment if they offered me the drugs.”
Entrapment is a real legal defense, but it is much narrower than TV suggests. It is not enough that law enforcement provided an opportunity to commit a crime. Instead, the defense generally requires showing that a criminal idea originated with law enforcement and that the person was not predisposed to commit the crime. If someone was already willing or inclined, the fact that an officer facilitated the situation will not automatically make it entrapment. This is a high legal standard and often difficult to prove.
“I can just walk away from police questioning.”
Sometimes you can walk away from police questioning, but not always. There is an important distinction between a consensual encounter and a lawful detention. During a consensual encounter, you may be free to leave. However, if an officer has reasonable suspicion to detain you, you may not be able to walk away without risking additional charges. The challenge is that it is not always obvious which type of interaction is occurring. Calmly asking if you are free to leave can help clarify the situation.
“They didn’t read me my rights, so my case will be thrown out.”
Miranda warnings are important, but they do not automatically determine whether a case is dismissed. These warnings are generally required before custodial interrogation. If they are not given when required, certain statements may be excluded from evidence. However, the case itself can still proceed using other evidence, such as physical items, witness testimony or statements made outside of custodial questioning. Understanding how the law actually works can make a significant difference in protecting your rights. If you are facing criminal charges or have questions about an encounter with law enforcement, speaking with a skilled legal team can help you navigate the situation, informed by accurate information rather than television myths.]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[Clearly stating your decision to remain silent]]>https://www.andyweinsteinlaw.com/?p=488572026-04-21T17:06:39Z2026-04-21T17:06:39ZYou do not have to answer questions from law enforcement officers after an arrest. You have a right to remain silent. You do not have to incriminate yourself or participate in the interrogation. This is a fundamental right that U.S. citizens have, so it is important to remember.One key thing to keep in mind is that it is usually best to clearly and unequivocally state that you are using your right to remain silent. If a police officer is asking you questions, just staying silent or refusing to provide answers can be a good first step, but it is not the only one you should take. You can simply and politely tell the officer that you are using your right to remain silent and that you have no intention of answering questions. This often puts an end to the interrogation and ensures that the officers know why you are not participating.
Your right to an attorney
A related right that you have during a criminal investigation is the right to legal counsel. Anyone who has been arrested deserves to have a lawyer or an attorney to help defend their rights.Often, there is some overlap with the right to remain silent. For instance, rather than telling the officers that you will never answer their questions, you may tell them that you are not going to provide answers without your attorney present. You want to have an experienced criminal defense lawyer at your side to ensure that you understand the legal process and that you do not say anything that can be used against you in a court of law.Many people believe they have no choice but to cooperate with the police at every stage in an investigation, which is part of the reason why it is so important to understand your right to remain silent and your right to legal counsel. The criminal justice system can seem complex and overwhelming, but having an experienced attorney at your side can help.]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[Why deleting social media posts can worsen criminal charges]]>https://www.andyweinsteinlaw.com/?p=488552026-04-15T12:19:59Z2026-04-15T12:19:59ZThe state may discover the deletion
Anything shared on social media platforms or other popular websites is part of the internet permanently. Even when people delete specific content or mark their posts as private, the company hosting the app or website still has a digital record of that content.
If the state subpoenas the platform, any deleted posts, as well as the record of the attempt to delete them, are likely to show up in the discovery materials. Prosecutors could then point to that attempt to delete content as evidence that a defendant felt guilty or had “consciousness of guilt.” They could even refer to it as the spoliation of evidence, which could potentially lead to secondary criminal accusations.
How to handle social media when facing charges
As previously noted, nothing deleted from social media actually disappears, and the attempt to remove content can look like an admission of guilt or an attempt to interfere in a criminal investigation. It is often beneficial for criminal defendants to deactivate their social media accounts as soon as possible instead of deleting individual posts.
Investigators and prosecutors may not go so far as to request records from social media companies if a defendant does not have a publicly-available profile. Even if they do secure social media records, the choice to deactivate is not the same as the removal of posts. Avoiding any additional social media interactions, especially commentary about the arrest or pending charges, is of the utmost importance for the protection of criminal defendants, so deactivation is a common practice.
Those facing charges and feeling unsure of how to protect themselves may need to discuss their next moves with a criminal defense attorney. Securing legal insight before acting can help defendants limit the likelihood of mistakes that may initially seem beneficial, but might actually worsen their legal circumstances.]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[What you need to know when you are arrested on suspicion]]>https://www.andyweinsteinlaw.com/?p=488502026-04-13T14:01:56Z2026-04-13T13:55:07ZWhat does being "arrested on suspicion" mean?
When police arrest you, there must be reasonable suspicion or probable cause to believe you were involved in criminal activity. This means officers must have facts and circumstances suggesting you committed an offense.
However, an arrest does not equal a conviction or guarantee that prosecutors will pursue charges. Police usually forward the findings to the prosecutor's office to determine if the evidence warrants criminal charges against you.
Do you have to answer police questions?
During an arrest, you may be subject to police questioning. Officers use this opportunity to gather statements and build a case. However, you are not required to answer any questions. You have the constitutional right to remain silent, and this protection applies from the moment of your arrest.
During the questioning, you must clearly state that you wish to remain silent. Even if you feel innocent or want to explain yourself, speaking without legal counsel present may create challenges for your defense later.
How do you know if charges will be filed against you?
After your arrest, you will likely face a brief waiting period. New Jersey law requires a prompt hearing, typically within 48 hours of your arrest and commitment to a county jail. At the first appearance, a judge determines the conditions of release. Alternatively, a court may consider pretrial detention based on a Public Safety Assessment.
Prosecutors may present charges immediately, request more investigation time or decline to prosecute altogether. This depends on the circumstances of your arrest. Working with a knowledgeable advocate can help you protect your rights throughout this uncertain process.
Protecting your rights during an arrest
An arrest does not automatically mean that you are guilty. You have constitutional rights that protect you during every stage of the criminal justice process.
If you or a loved one is facing an arrest in New Jersey, it may be beneficial to seek legal counsel who can help review your case. This can provide guidance that applies to your specific situation.]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[What civil remedies can I pursue after an unlawful arrest?]]>https://www.andyweinsteinlaw.com/?p=488472026-03-16T04:38:07Z2026-03-16T04:38:07ZWhen police arrest you without proper legal grounds, prosecutors may eventually dismiss the criminal charges. However, the damage to your reputation, employment and emotional wellbeing often remains. An unlawful arrest can derail your life even when a court clears you of wrongdoing. Civil remedies exist to address the harm that continues long after the criminal case ends.
Federal and state paths to compensation
You can sue for violations of your constitutional rights. Federal and state laws let you file claims against the arresting officers, their department or the city that employs them. Many cases combine federal claims with state remedies under New Jersey's Civil Rights Act or New York's constitutional protections.State courts often provide better outcomes. For example, New York City removed the qualified immunity defense for certain police misconduct cases. This makes holding officers accountable easier in state court than in federal court where this shield still blocks many claims.
Types of damages you may recover
You can seek payment for multiple types of harm through civil lawsuits. Courts may award compensation for:
Lost wages and missed job opportunities
Emotional distress and mental anguish
Damage to your professional reputation
Legal fees from your criminal defense
The type of claim you file determines which time period you can recover damages for. If you fail to file, you pay all the costs yourself while the officers who violated your rights face no consequences.
Do not miss your window to seek justice
New Jersey and New York impose strict deadlines for filing civil rights claims. Missing these deadlines permanently bars you from seeking payment. An experienced attorney can evaluate the strength of your case and navigate the complex procedural requirements that govern these lawsuits. Your freedom matters as much as rebuilding what an unlawful arrest destroyed, so protect it at all costs.]]>On Behalf of Law Office of Andy Weinstein, Esq.<![CDATA[What actions may qualify as resisting arrest?]]>https://www.andyweinsteinlaw.com/?p=488432026-02-27T15:06:11Z2026-03-10T04:00:10ZActions that can result in a resisting arrest charge
Resisting arrest in New York is charged as a Class A misdemeanor, the most serious misdemeanor offense in the state, and is punishable by up to one year in jail, along with potential fines, probation and a criminal record. Prosecutors evaluate the intentional conduct that might hinder an officer’s efforts to make an arrest. Some of the actions that may qualify include:
Pulling your arms away as an officer attempts to handcuff you
Struggling, kicking or pushing during the arrest process
Running away after an officer informs you that you are under arrest
Physically blocking an officer’s attempt to detain you
Threatening or aggressively confronting an officer in a way that escalates toward violence
You do not have to strike an officer to face this charge. Even just limited physical resistance can qualify as if prosecutors prove you acted intentionally. Knowing what the law considers as resistance is only the first step. Understanding how that charge may affect your record, freedom and future is vital.
Protecting your rights after an arrest
An arrest may feel stressful, especially when questions arise about how you responded during the moment of arrest. What officers claim you did can shape how your criminal case progresses. Protecting your rights starts with understanding what the prosecutors must prove and what the law requires.
Before making any statements after the arrest, speak with your attorney first and know your options. When you know about criminal defense law, you are in a stronger position to protect your record and future.]]>