From arrest through trial, and after a conviction
Criminal defense and post-conviction services
Usher Law Group handles criminal matters from the first contact with investigators through trial and sentencing — and, when a conviction has already happened, the effort to challenge it. Because we also practice immigration law, every criminal matter is evaluated for its immigration consequences.
- New York State Criminal Defense — misdemeanors and felonies in Brooklyn and across New York City
- Federal Criminal Defense — investigations and prosecutions in the Eastern and Southern Districts of New York and the District of New Jersey
- White Collar Crimes — fraud, embezzlement and financial investigations
- Motions to Vacate Convictions (CPL 440.10) — including Padilla immigration-misadvice claims, federal § 2255 motions and New Jersey post-conviction relief
- Criminal Appeals — New York, New Jersey and federal appellate courts
- Record Sealing & the Clean Slate Act
- Crimmigration — the immigration consequences of criminal charges and pleas
If you have been arrested or contacted by investigators
A criminal case can move quickly. What you say to the police, what you sign and what happens at your first court appearance can shape everything that follows. If you are under investigation, have been arrested or have received a desk appearance ticket, the most useful step is to get legal advice before you speak with investigators or appear in court.
- You have the right to remain silent and the right to ask for a lawyer. Use them politely and clearly.
- Do not discuss the case with anyone, including by text or on social media.
- Keep every paper you were given: the ticket, property vouchers, release paperwork and any court date notice.
- If you are not a U.S. citizen, tell your lawyer right away. A plea that seems minor can have serious immigration consequences.
How we work on a criminal case
- Arraignment and release. We argue for release or reasonable conditions and make sure the charges are clearly understood from the start.
- Discovery and investigation. We review the evidence the prosecution must turn over, such as reports, recordings and lab results, and look for witnesses and records that support your side.
- Motions. Where the facts support it, we challenge searches, statements, identification procedures and the legal sufficiency of the charges, and we track speedy trial time.
- Negotiation. When it serves your interests, we negotiate with prosecutors for a dismissal, a reduced charge, a diversion program or a lower sentence.
- Trial. If the case does not resolve, we prepare it for trial, including cross-examination of the prosecution's witnesses.
- Sentencing and after. We present mitigating information at sentencing and advise on appeals, motions to vacate and record sealing.
Why immigration status matters
Because Usher Law Group also practices immigration law, we look at how each possible outcome could affect a green card, a pending application, naturalization or removal proceedings. For non-citizens, the wording of a plea and the sentence can matter as much as the charge. Learn more on our crimmigration page.
What to bring to your consultation
- The desk appearance ticket, charging papers or any court documents.
- Release or bail paperwork and the date of your next court appearance.
- Any letters, subpoenas or business cards left by investigators.
- Your immigration documents, if you are not a U.S. citizen.
- A list of possible witnesses and any photos, videos or messages related to the incident.
Consequences beyond the courtroom
A conviction can affect employment, professional licenses, housing, firearm rights and immigration status, even when no jail sentence is imposed. Those consequences should be weighed before any plea is accepted, not after. We work in English, Russian and Spanish, and you can contact us to discuss your case.
Frequently asked questions
What is a desk appearance ticket in New York?
A desk appearance ticket is a written notice to appear in criminal court on a future date instead of being held for arraignment right after arrest. It is still a criminal charge. Missing the court date can lead to a warrant, so you should speak with a lawyer before you appear.
Should I talk to the police to explain my side?
Generally, you should not give a statement before speaking with a lawyer. Statements made to investigators can be used against you, even when you believe you are clearing things up. You can politely say you will not answer questions without an attorney.
Can a misdemeanor affect my immigration status?
Yes. Some misdemeanors, including certain drug, theft and domestic violence offenses, can affect eligibility for a green card or citizenship or can lead to removal. The specific statute, the plea wording and the sentence all matter, so immigration consequences should be reviewed before any plea.
Can my case be sealed or dismissed?
Some cases are dismissed outright, some are resolved through programs that end in dismissal and sealing, and some older convictions may be sealed under New York law. Whether any of these is available depends on the charge, your record and how the case is resolved.