The Law Firm Of Frank M. Galchus – Queens Family Criminal Attorney Fresh Meadows, NY 11365 For more information on our legal services, or to schedule your legal consultation, contact Mr. Galchus by phone at (718) 229-2628 today!
New York, NY 11365
NEW YORK, Fresh Meadows, NY 11365
(61-43 186th street) New York, NY 11365
11365 New York
The Law Firm Of Frank M. Galchus – Queens Family Criminal Attorney Fresh Meadows, NY 11365
Frank is a great lawyer. He is very professional, and it shows that he loves what he does although some cases are not easy. My case was about child custody and they explained everything to me as to what the best scenario would be and the worst. I would like to thank Frank and his team for their hard work and dedication! Frank was such a great lawyer. My case was very hard and he helped me feel very confident. I recommend him 100% to everyone. He is very professional! I will forever be grateful with Frank I don't know where to begin my son and I are forever grateful Frank was so professional from the moment I met him! I got so much done within 4 days of retaining him, more then I've got done in the five months that this case was proceeding. Frank worked diligently to ensure that my son received the best legal representation at times he even reminded me hey I know you’re his mom but I am here to represent him and I will do and must do what's best for him. I cannot thank him enough for what he's done for me, because of his connections and experience he worked out a great deal at times I didn't know what was going to happen but Frank assured me he would provide the best legal representation and he did my family is forever grateful for him, take it from a mom that thought there was no way out Frank swooped in like a knight in shining armor and saved the day I thank you my son thanks you my family thanks you. It brings me great pleasure to comment on my attorney, Mr. Frank Galchus. Allow me to first mention that I was nervous about walking into family court, because this was my first experience. I am often intimidated by the unknown and law is definitely not my field of expertise. However, my uncertainty and apprehension collided with Mr. Frank Galchus. Mr. Galchus carefully listened to my concerns and helped me to be triumphant in the courtroom. He spoke clearly and concisely and exhibited astounding confidence. He was sharp, tactful, and encouraging. There are a lot of things in life that can be imitated but, victory is not one of them; either you're victorious or you&'re not. Frank is an absolute champion. Thank you Frank!!! So honored to have been represented by Mr. Galchus. He is truly for is clients, he's super sharp, and very clever. He will make time to sit and talk with you and responds to all emails you send him. So happy with the outcome of my case.
Rating: 5 / 5 stars

Silence is Golden – Know Your Rights

An important element in criminal law is an accused’s right to remain silent in the face of police interrogation. The issue often is what kind of questions are considered interrogation and what are not.

If you are in police custody and questioned by officers, you must be advised of your Miranda rights (Miranda v. Arizona, 384 US 436) before you are interrogated. You must be advised that you have the right to remain silent, the right to an attorney, and that anything you say can be used against you in a legal proceeding. However, the police can ask some questions without giving Miranda rights. These are “pedigree” questions: your name, address, height, weight – questions used to establish who you are. Statements made in answering these questions can be used in court, even if your rights were not read to you.

Certain pedigree types of questions are actually more than just that. In a recent case from Queens County, the Appellate Division held that the hearing court erred in not suppressing a defendant’s statement regarding his gang affiliation. The hearing court had ruled that the statement was part of the defendant’s pedigree information. The Appellate Division held that the statement which the police obtained was not pedigree information, and should have been suppressed. People v. Hiraeta, (2010-04564, 2nd Dept. 5-21-2014).

In another recnt Queens County case regarding police questioning, the Appellate Term held that it was acceptable for the prosecutor during summation to comment to the jury about the defendant’s silence on certain matters to the arresting officer, since the defendant had chosen to speak to the arresting officer about other things. People v. Jackson, 2011-1978 Q CR, NYLJ 1202652401254.

The Fifth Amendment protects individuals from making statements to law enforcement which could be used against them. This protection should not be taken lightly. It should be constitutionally unacceptable to penalize a person for invoking his 5th Amendment privilege to remain silent. The two Queens County cases discussed above show the importance of exercising your right to remain silent. The prosecution has the burden of proving its case beyond a reasonable doubt. A person charged with a crime has the right to remain silent. If the prosecution intends on offering a statement at trial, a person charged with a crime has the right to have their attorney move to suppress that statement at a pre-trial hearing.

We at the law firm of Galchus & Gordon have done hundreds of suppression hearings in support of our clients seeking to protect their constitutional rights. Call us to discuss your case.

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