Areas of Practice|
The following is a listing of some of the Areas of Practice that have been handled by Glenn A. Garber, P.C.
Click on a specific topic for more detailed information...
- Post-Conviction/Habeas Corpus
- Civil Wrongful Conviction Claims
- False Arrest/Malicious Prosecution/Police Brutality
- Public Interest/Pro Bono
If you or a loved one is arrested or believes that an arrest is imminent, then a criminal attorney should be hired immediately. There are important rights that need to be protected. Law enforcement officers and prosecutors are not permitted to speak to a person who is represented by an attorney unless authorized to do so by the attorney.
Glenn A. Garber, P.C., is available to intervene prior to the arraignment, and will fight hard to obtain prompt release from jail or affordable bail.
We are reachable 24 hours a day, 7 days a week, at 212-965-9370, and we provide free consultations and fee quotes.
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A trial is the phase of the criminal proceeding where the facts are presented to a jury or a judge, and a decision is made about guilt or lack of guilt. The burden of proof is on the prosecution, and the standard is proof beyond a reasonable doubt. Most felony cases are tried before a jury of 12 persons. Misdemeanors and lesser offenses can be tried before a 6 person jury or before a judge. In a jury trial, the verdict must be unanimous.
The phases of trial generally include jury selection, opening statements, testimony (presented through direct examination and challenged by cross-examination), summations, deliberations and verdict.
The length of a trial varies depending upon the nature of the case and the amount of evidence involved. A drug sale or weapons possession trial can take a week or less, whereas a homicide or complex fraud case can take months.
Glenn Garber is an experienced, tenacious trial lawyer who has successfully tried numerous cases to acquittal.
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Sentencing is the phase of the criminal proceeding where the judge imposes the penalty. The sentence may include jail time, probation or a fine, among other things. Sentencing can occur after a conviction by guilty plea or by a guilty verdict after trial. There is usually a delay of several weeks between a finding of guilt and sentencing.
Sentencing proceedings vary significantly based upon the Court and the nature of the conviction. In Federal Court, for example, the sentencing occurs after a detailed Pre-Sentence Report (PSR) is prepared. This report thoroughly explains the offense and the defendant's background for the Court's consideration. Federal sentencing proceedings may involve in-depth analysis of the Federal Sentencing Guidelines as well as factual hearings where testimony is given, similar to a trial. In Federal Court it is imperative that a sentencing memorandum is submitted in advance of sentencing and that the attorney makes a compelling oral presentation at the sentencing hearing. Glenn Garber has extensive experience with the Sentencing Guidelines, and his strong oral and written advocacy has led to extremely favorable outcomes in Federal Courts for his clients.
Good lawyering also makes a difference at sentencing proceedings in New York and New Jersey State Courts, especially where the conviction occurs after trial or here an open guilty plea is taken (no promise from the Court as to the sentence).
Glenn Garber has handled countless sentencing proceedings in Federal Court and in New York and New Jersey State Courts. He presents his clients in the best light and routinely achieves positive results at sentencing.
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Once convicted, every criminal defendant has the right to appeal. In New York and New Jersey, the first appeal in a felony case is brought before an intermediate appellate court know as the Appellate Division. If the appeal is unsuccessful, another appeal can be brought in the highest Court in the State. In New York, the highest Court is called the Court of Appeals; in New Jersey it is called the Supreme Court. A criminal defendant is not entitled to have a case heard in the New York State Court of Appeals or the New Jersey Supreme Court. Rather, an application must be made to the high Court and the Court can, but does not have to, accept the case. Once accepted, the appeal can proceed.
Federal appeals proceed in a similar manner. Once convicted in the District Trial Court, every criminal defendant has the right to appeal in the Circuit Court. New York cases are heard in the Court of Appeals for the Second Circuit and New Jersey cases are heard in the Court of Appeals for the Third Circuit. If the appeal is not successful in the Circuit Court, a criminal defendant can request that the United States Supreme Court hear the case. This request is called a petition for a writ of certiorari. Like a high State Court, the Supreme Court has the discretion to accept or reject the case. If the certiorari petition is granted, the Supreme Court may require briefing and oral argument before rendering its decision. In limited circumstances, a criminal defendant may be able to appeal to the United States Supreme Court from a judgment of the highest State Court.
Glenn Garber has been a zealous advocate in the appellate courts since 1991. He is admitted to handle appeals in New York and New Jersey State Courts, the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Third Circuit, and the United States Supreme Court.
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Civil Wrongful Conviction Claims
If convicted after trial or by guilty plea, a criminal defendant can pursue a post-conviction motion. This type of motion is separate from an appeal and usually involves issues that are based on facts outside of the court record.
Post-conviction motions can be based on newly discovered evidence such as DNA, recanted testimony, and exculpatory eyewitness accounts not raised at trial. To prevail, the claims should present compelling cases of actual innocence and usually include violations of State or Federal constitutional rights such as the ineffective assistance of counsel or prosecutorial misconduct.
Post-conviction motions in New York State are codified in Section 440 of the Criminal Procedure Law. In New Jersey, they are authorized under Rule 3:22-2. Post-conviction motions in Federal Court are brought under Section 2255 of Title 28 of the United States Code if challenging a Federal conviction, and under Section 2254 of Title 28 of the United States Code if challenging a State Court conviction.
Glenn A. Garber, P.C., has successfully overturned convictions and obtained post-conviction relief for its clients in Federal Court and in New York and New Jersey State Courts.
The firm also handles special writs, Article 78 proceedings, and habeas corpus petitions.
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False Arrest/Malicious Prosecution/Police Brutality
Wrongful conviction cases are litigated in two basic stages. The first step is to exonerate (absolve from blame) the defendant. This is usually done by filing a motion to vacate the conviction in State or Federal court, also known as a habeas corpus petition. If the motion or habeas petition is successful, the result may be an exoneration or the granting of a new trial. If a new trial is granted, exoneration does not occur until the charges are dismissed or there is an acquittal after the new trial.
The second step occurs after a defendant is exonerated. The exoneree may then be able to bring a wrongful conviction claim or a civil rights action for compensation depending on the circumstances of the exoneration.
Only certain states have Wrongful Conviction Statutes that authorize exonerated persons to sue for damages. And of those states, many limit the amount of compensation that an exonerated person can recover.
Click here for link to Federal and State Wrongful Conviction Statutes
Glenn Garber was responsible for the exoneration of Hector Gonzalez, who served 6 years for a murder he did not commit. His firm is currently seeking compensation in civil court for Mr. Gonzalez based on his wrongful conviction. Glenn A. Garber, P.C. is currently working on numerous other wrongful conviction cases seeking to free innocent people who are serving lengthy prison sentences, and to obtain compensation for the tremendous losses they have suffered.
If you are interested in having Glenn A. Garber, P.C., consider a case, whether exoneration is sought or the exonerated person wants to pursue a claim for compensatory damages, please complete the Wrongful Conviction Questionnaire and email it to Exoneration@GlennGarber.com, or mail it to the Office at 350 Broadway, Suite 1207, New York, NY 10013, or fax it to 212-965-9375.
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Public Interest/Pro Bono
If someone is arrested but not prosecuted, or if a criminal case is dismissed, or if there is an acquittal after trial, the arrestee or criminal defendant may be able to bring a false arrest or malicious prosecution claim. If law enforcement officers, acting in an official capacity, use excessive force in making an arrest or in dealing with a person, that person may be able to bring a police brutality claim. False arrest and excessive force or police brutality claims can be advanced in state court, or as civil rights actions in federal court. These lawsuits are brought against law enforcement officers or other governmental officials and seek compensatory (money) damages. The arrested or abused person is the plaintiff in the civil case and the officers or officials are the defendants.
Strict statutes of limitations apply. In State Actions, a notice of claim must be filed within 90 days of the event and a complaint must be made within a year and 90 days. Federal civil rights claims are usually brought under Title 42, Section 1983, of the United States Code and must be brought within three years of the event. Statues of limitations may be extended in limited circumstances, where, for example, a claimant is prevented from bringing a timely claim.
Glenn A. Garber, P.C., handles false arrest and police brutality cases on a retained or contingency basis. The firm takes selected cases and will only expend its resources where governmental misconduct is egregious and injury is significant.
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Glenn Garber has always been public interest oriented. Recognizing that poor people are frequently taken advantage of by the criminal justice system, and that they need equal access to effective and zealous legal representation, he has dedicated his time and resources throughout the years to helping people who cannot afford legal representation.
Glenn Garber worked pro bono to exonerate Hector Gonzalez, who served six years for a murder he did not commit. Glenn Garber has funded investigations and litigation in many cases where he believes that individuals have been innocent, wrongfully accused, or wrongfully convicted.
He serves on the Criminal Justice Act Panel in the Federal Court for the Southern District of New York and takes on a variety of cases for indigent criminal defendants. He is also a member of the Homicide Panel, the Felony Panel and the Appeals Panel of the Assigned Counsel Plan in New York County and the First Judicial Department. Injustice is an unfortunate but all too common byproduct of the criminal justice system. Poor people accused and convicted of crimes often end up on the short end of the stick. It is a constant battle to try to level the playing field, one that Glenn Garber is committed to and which he fights on a daily basis.
Glenn A. Garber, P.C., does not accept pro bono cases upon request.
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