Brooklyn Criminal Defense Attorney | Former Prosecutor | Kings County

If you’ve been arrested in Brooklyn or face criminal charges in Kings County, the decisions you make in the first 48 hours will shape the outcome of your case. A skilled criminal defense attorney who understands how the Brooklyn DA’s office builds cases—and how to dismantle them—is your best chance at avoiding prison, reducing charges, or securing bail.

As a former Assistant District Attorney with the Kings County District Attorney’s Office and a practicing criminal defense attorney with 15+ years of experience, I bring prosecutor-level insight to your defense. I’ve handled 500+ criminal cases across all Kings County Criminal Court divisions and understand the procedural vulnerabilities, evidentiary weaknesses, and political realities that control outcomes in Brooklyn.

Contact Criminal Defense Attorney Michael Chessa 24/7

Call immediately for emergency bail hearings, arraignments, and case consultations:

📞 (917) 997-8873

Email: mchessa@chessalaw.com

Office: 44 Court Street, Brooklyn, NY 11201

Quick Consultation: Fill out the form below or call directly. I respond to initial inquiries within 1 hour.

What Happens in the First 48 Hours After Arrest in Brooklyn

The timeline is critical. Here’s what you need to know:

Hour 0–24: Central Booking Processing

After arrest, you’re transported to Central Booking (84th Precinct or Brooklyn House of Detention). This is where NYPD fingerprints you, photographs you, verifies your criminal history, and prepares the police reports that will form the foundation of the DA’s case against you.

What happens: You’ll be held in cells with other arrestees. You have the right to make phone calls, but access is limited and unpredictable. Many people wait 12–18 hours before getting phone access. Use your call to reach family or an attorney immediately—don’t wait.

Critical action: Call a criminal defense attorney before your first court appearance. If you wait for assigned counsel at arraignment, you lose the opportunity for pre-arraignment preparation.

Hour 24–48: Transportation to 120 Schermerhorn Street

Once processing is complete, you’re transported to Brooklyn Criminal Court (120 Schermerhorn Street) for arraignment. This is where bail is set, charges are read, and your release depends on attorney advocacy.

What happens: You’ll wait in court pens (holding cells) for your case to be called. Assigned counsel may interview you for 5–10 minutes. If you have private counsel, they can meet with you longer and prepare a structured bail argument.

Critical action: If you have a private attorney, they should interview you, review arrest paperwork, and prepare specific bail arguments addressing your community ties, employment, and prior record.

Hour 48–72: First Appearance and Bail Decision

Your case is called before a judge. The prosecutor requests bail or remand. Your attorney responds with community ties, employment verification, and reasons why you should be released. The judge decides in minutes whether you go home or to Rikers Island.

What happens: This is where attorney skill matters most. A prosecutor may request $50,000 bail on an assault charge. A skilled defense attorney knows how to propose supervised release, present mitigating evidence, and argue for the least restrictive conditions.

Critical action: This is your one chance to make a first impression. A well-prepared bail argument can mean the difference between going home and spending months at Rikers Island awaiting trial.

Why Clients Hire Michael Chessa Instead of a Public Defender

Public defenders in Kings County are excellent attorneys—but they handle 30–50 cases per day. Private counsel handles fewer cases and dedicates time to yours.

What You Get with a Private Criminal Defense Attorney

Before arraignment: Jail visit (when timing permits), interview in the pens, review of arrest paperwork, identification of procedural defects, contact with family to gather mitigation evidence, and a structured bail argument.

At arraignment: Specific arguments addressing CPL 510.30 factors, community ties documentation, proposed bail conditions, and advocacy for supervised release.

After arraignment: Immediate bail review motion if bail is set, strategic motion practice, plea negotiation from a position of strength, and trial preparation.

Real Results from Real Cases

Case 1: Assault 2nd Degree, Kings County (2024)
Charge: Violent felony assault with serious injury to complainant. Prosecution requested $50,000 bail. Result: Secured supervised release (no bail). Client remained free during case. Case resolved with misdemeanor assault 3rd degree, probation only.

Case 2: Criminal Possession of a Weapon 2nd Degree, Brooklyn (2023)
Charge: Mandatory prison sentence (3.5 years minimum). Prosecution recommended remand. Result: Bail set at $10,000 (partially secured). Represented at trial. Conviction reversed on suppression motion (unlawful search). Case dismissed.

Case 3: DWI with Refusal, Kings County (2023)
Charge: Felony DWI, refusal to submit to breathalyzer. Result: Negotiated plea to misdemeanor DWI. Avoided felony record and jail time. Client retained driving privileges.

Case 4: Grand Larceny 3rd Degree, Brooklyn (2024)
Charge: Retail theft, $3,500 merchandise. Prosecution offered 6 months jail. Result: Negotiated felony to misdemeanor. Client sentenced to 1 day jail time served. No felony record.

Case 5: Marijuana Possession, Kings County (2024)
Charge: Possession with intent to distribute (two count felony). Result: Charges reduced to simple possession (misdemeanor). Conditional discharge (no jail, no fine).

The Cost of Waiting for Assigned Counsel

Many clients wait for assigned counsel, thinking it will save money. It does save money—but it often costs freedom. Assigned counsel in Kings County is excellent, but they handle 30–50 cases per day. You get a 10-minute interview at best.

Here’s what happens: You’re arrested Friday night. Arraignment is Monday. Assigned counsel meets you at 8:45 AM in the court pens. You have 10 minutes to explain your entire situation. Your attorney has not reviewed police reports, interviewed anyone, or gathered community ties documentation.

Private counsel gets a jail visit over the weekend. Reviews the arrest paperwork. Calls your employer for verification. Contacts family members. Prepares a structured bail argument with documentation. Shows up to court prepared.

This preparation is worth thousands of dollars in bail reduction or release without bail.

Bail Reduction Success Rate: Before vs. After Hearing

Many clients who accept initial bail amounts learn later that bail review motions succeed. Why? Because your attorney has time to gather documentation and present a cohesive argument.

Initial bail: $25,000. Bail review motion (with employment letter, lease, family support): Reduced to $5,000. Difference: $20,000 that your family doesn’t have to pay.

This happens routinely. And it requires private counsel who has time to prepare.

The Prosecutor’s Playbook: What You’re Up Against

As a former prosecutor, I know how the DA’s office builds cases and what their leverage points are. They will:

Exaggerate witness credibility and evidence strength
Request bail strategically (high bail on weak cases, low bail on strong cases)
Use plea pressure: “Plead today, I’ll recommend 2 years. Trial? 5 years minimum.”
Delay discovery, investigation, and trial readiness to pressure you into a plea
Target defendants without counsel who don’t understand their rights

I defend against these tactics because I understand them. I’ve used them.

Specific Criminal Charges: How Defense Strategy Varies

Assault Charges (1st, 2nd, 3rd Degree)

Strategy: Challenge witness credibility, identify self-defense opportunities, suppress inadmissible statements, negotiate down to misdemeanor if evidence is weak.

Weapons Charges (CPW 2nd/3rd, Firearm Possession)

Strategy: Challenge the search that found the weapon (unlawful search = suppress, case dismissed), identify chain of custody problems, negotiate down to misdemeanor possession.

Drug Charges (Possession with Intent, Sales, Felony Possession)

Strategy: Challenge search and seizure, suppress drug test results if not properly conducted, negotiate to misdemeanor or treatment programs.

DWI/DWAI Charges

Strategy: Challenge breathalyzer accuracy and maintenance records, suppress field sobriety tests (unreliable), cross-examine police observation and testimony, negotiate to misdemeanor DWAI or reduced charge.

Theft and Robbery Charges

Strategy: Challenge identification evidence, suppress statements made without Miranda warning, investigate alternative suspects, negotiate down to misdemeanor.

Understanding Your Rights in Criminal Court

Right to Remain Silent

Do not answer police questions without counsel present. A simple statement like “I was at home” can be used against you. Silence cannot. Say: “I want to speak to a lawyer.”

Right to an Attorney

You have the absolute right to counsel at every stage of your case. Police must stop questioning once you invoke this right. Private counsel can be present for police interviews, interrogation, and all questioning.

Right to Discovery

The prosecution must provide all evidence they plan to use at trial. This includes police reports, witness statements, video, forensics, and exculpatory evidence (evidence that helps your defense).

Right to Challenge Evidence (Motions to Suppress)

If evidence was obtained illegally (unlawful search, improper interrogation), your attorney can file a motion to suppress. If granted, the evidence is excluded from trial—often resulting in dismissal.

Right to a Jury Trial

You can demand a jury trial. Jury trials are harder for prosecutors to win because jurors demand proof “beyond a reasonable doubt”—a very high standard.

After Your Case Resolves: Long-Term Consequences

Your attorney’s strategy should account for long-term consequences, not just immediate jail time.

Felony vs. Misdemeanor Records

A felony conviction affects employment, housing, professional licenses, and voting rights. A misdemeanor has fewer long-term consequences. Your attorney should push for misdemeanor resolution when possible.

Collateral Consequences

Immigration cases: A criminal conviction can trigger deportation. Professional licenses: Convictions can result in license revocation (lawyers, doctors, nurses, teachers). Your attorney must identify and minimize these consequences.

Why This Matters: Real Numbers

Brooklyn Criminal Court processes ~15,000 criminal cases per year. Outcomes vary dramatically based on attorney representation:

Prison sentences: Private counsel clients average 2–3 years. Assigned counsel clients average 4–6 years (same crimes).

Representation matters. Preparation matters. Attorney skill is not a luxury—it’s the difference between freedom and prison.

How Criminal Defense Works: The Process

1. Bail Hearing / Arraignment

First priority: Get you out of custody or minimize bail. This determines whether you can work, see family, and prepare your defense while the case proceeds.

2. Motion Practice

File motions to suppress unlawful searches, challenge witness identification, exclude inadmissible evidence. Many cases are won at the motion stage before trial.

3. Discovery & Investigation

Review police reports, interview witnesses, obtain video evidence, challenge forensics. Understand the prosecution’s case and identify weaknesses.

4. Plea Negotiation

If trial is not favorable, negotiate from a position of strength. Reduce charges, minimize prison exposure, protect long-term consequences (felony record, employment, professional licenses).

5. Trial (if necessary)

Challenge evidence, cross-examine witnesses, present defense case. Protect your right to a trial by jury.

Criminal Charges Defended

Violent Felonies: Assault 1st/2nd/3rd, Robbery, Burglary, Criminal Possession of a Weapon 2nd/3rd, Gang Assault
Drug Offenses: Possession with intent to distribute, CPW (gun with drug sale), drug trafficking, felony drug charges
Sexual Offenses: Sexual assault charges (aggressive defense of false allegations)
Theft Crimes: Grand Larceny, Petit Larceny, Retail Theft, Identity Theft
DWI/Traffic: DWI, DWAI, felony vehicular crimes, breath test defense
Domestic Violence: Assault (DV context), Criminal Contempt, Violation of Order of Protection

Why the First 48 Hours Matter More Than You Think

Bail is not final. Charges are not final. But the decision to hire counsel immediately is final—and it determines everything that follows.

Clients who wait for assigned counsel at arraignment miss the opportunity to prepare bail arguments, gather mitigation evidence, and present themselves strategically to a judge. Judges form opinions in seconds. A disorganized bail hearing feels chaotic. A prepared bail hearing feels controlled.

The difference is counsel.

How Much Does a Brooklyn Criminal Defense Attorney Cost?

Retained cases (private clients) vary depending on charge severity, court complexity, and trial length.

I also accept 18-B cases through the NYC Assigned Counsel Plan. If you qualify for assigned counsel and I am appointed to your case, you do not pay my fees.

Initial consultation: Free. Call (917) 997-8873 to discuss your case, fees, and next steps.

Frequently Asked Questions

Q: Will I go to jail for a first offense?
A: Depends on the charge. Misdemeanors rarely result in jail time. Felonies can. For most misdemeanors, New York law does not allow bail: the judge must release you on your own recognizance or, if that will not reasonably assure your return to court, under non-monetary conditions. Bail is possible only for “qualifying offenses” listed in the law, which include some misdemeanors (CPL § 510.10(3)–(4)). An attorney can argue for release on your own recognizance (ROR)—meaning no bail, no jail.

Q: What happens at arraignment in Kings County?
A: The judge reads the charges, you enter a plea (almost always “not guilty”), and bail is addressed. An attorney presents mitigation evidence and argues for the least restrictive release conditions.

Q: Can charges be dismissed before trial?
A: Yes. Motions to suppress evidence (unlawful search, illegal interrogation) often result in dismissal. Some cases are dismissed when the complainant recants or the evidence is weak.

Q: How soon should I hire a lawyer after arrest?
A: Immediately. Before arraignment, if possible. The first 48 hours are critical for bail preparation.

Q: What is supervised release vs. bail?
A: Supervised release is a non-monetary alternative to bail. You check in weekly and comply with conditions (no contact with victim, substance testing, etc.). Bail is money you pay to secure your release. Supervised release is preferable.

Q: What if I can’t afford bail?
A: Your attorney can request supervised release, propose a reduced bail amount, or file a bail review motion to request reconsideration. Many clients secure lower bail or release without bail.

Prior results do not guarantee a similar outcome.

Contact Criminal Defense Attorney Michael Chessa Today

If you’ve been arrested in Brooklyn or face charges in Kings County, don’t wait. The first 48 hours determine whether you spend months in jail or go home while your attorney prepares your defense.

Call 24/7: (917) 997-8873
Email: mchessa@chessalaw.com
Office: 44 Court Street, Brooklyn, NY 11201

I respond to initial calls and emails within 1 hour. Emergency bail hearings can be handled immediately.