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Elliot S. Kay

Elliot S. Kay

The Law Offices of Elliot S. Kay
115 East 57th St.
11th Floor
New York, NY 10022

Phone: (212) 939-7251  |  Fax: (212) 531-6164
http://www.KayDefense.com

Contact Elliot S. Kay

Didn't Do the Crime? Don't Do the Time!

Legal Topic

Criminal Defense

Preferred New Clients

Our New York City criminal defense attorneys provide high quality representation to clients in the following areas of criminal defense law: white collar crimes, DWI defense, drug crimes, violent crimes, and sex crimes.

Sub-Categories

Criminal Defense
  • Aiding, Abetting, Accessory, Conspiracy
  • Capital Crimes/Capital Cases
  • Felonies
  • Grand Jury Proceedings
  • Juvenile Crimes
  • False Identification
  • Misdemeanors
  • Parole
  • Probation
  • Perjury
  • Plea Negotiation
  • Search & Seizure
Abuse
  • Animal Abuse
  • Child Abuse
  • Domestic Violence
Automotive
  • DUI
  • Felony Auto Accidents
  • Traffic - Moving Violations
  • Open Container
  • Driving with a Suspended License
  • Driving without a License
  • DWI
Computer Crimes
  • Hacking
  • Malicious Code
  • Unauthorized Access
Drugs
  • Drug Cultivation & Manufacturing
  • Drug Possession
  • Intent to Distribute Drugs
  • Intent to Sell Drugs
Firearms & Weapons
  • Constitutional Rights Defense
  • Illegal Possession or Transportation
  • Other Weapons & Devices
Fraud & Financial Crimes
  • Bank Fraud
  • Checks & Credit Cards
  • Corporate Espionage & Sabotage
  • Embezzlement
  • Extortion
  • Forgery
  • Identity Theft
  • Insider Trading
  • Money Laundering
  • Racketeering & RICO
  • Securities Fraud
  • Smuggling
  • Tax Evasion & Fraud
  • Wire Transfer
Property Crimes
  • Arson
  • Burglary
  • Embezzlement
  • Larceny
  • Shoplifting
  • Theft
  • Trespass
  • Vandalism
Sex Crimes
  • Abduction
  • Child Abuse
  • Child Pornography
  • Indecent Exposure
  • Prostitution, Solicitation, & Pandering
  • Rape
  • Sexual Assault
  • Stalking
  • Trafficking in Women
Violent Crimes
  • Assault & Battery
  • Domestic Violence
  • Extortion
  • Kidnapping
  • Manslaughter
  • Murder
  • Robbery

Bar Admissions

NY, Jan 2003
Bar Number: 4109914

Specialty Certifications

I have a diploma from the National Institute for Trial Advocacy. I am also a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, the New York State Bar Association, the Bronx Bar Association and the New York County Lawyer's Association.

Other Court Admissions

New York and New Jersey courts.

Association Memberships

Member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, the New York State Bar Association, the Bronx Bar Association and the New York County Lawyer's Association.

Continuing Education

I attend continuing legal education on a variety of criminal defense topics.

Example Cases

I handled a case where a client was accused of possessing guns and a suitcase filled with marijuana. After I cross-examined the police officers at the suppression hearing, the court found that the police acted unlawfully in searching my client. Shortly thereafter, the prosecution dismissed all of the charges.

In another case following a car accident, the police accused my client of DWI. The result of the breathalyzer test was a reading of .247. The case ultimately proceeded to trial where I challenged the validity and accuracy of the breathalyzer machine. My client found not guilty of driving while intoxicated.

In another case my client was accused of firing several bullets, and striking a person. My client faced a possible sentence of 25 years in prison. The jury found my client not guilty of attempted murder in the second degree and possession of a weapon in the second degree and all the assault charges were dropped.

Education

Degree:

Doctor of Jurisprudence

School:

Pace University School of Law

City:

White Plains

State:

NY

Year:

2002

Honors:

Recipient of the Carl A. Vergari Excellence in Criminal Law Award in 2002.

Focus and Accomplishments:

Participated in the Pace University Criminal Defense Clinic.

Number of Attorneys

5

State Licensed In

New York and New Jersey

Firm Focus and History

Our firm was established in 2006 with one goal in mind - to build strong defenses and utilize effective strategies to obtain winning results for our clients.

The Law Offices of Elliot S. Kay is a full-service criminal defense law firm providing comprehensive legal representation to clients throughout Manhattan, Queens, Brooklyn, the Bronx, and Westchester County. We investigate and prepare every case and present convincing and compelling evidence and testimony before judges and juries. In addition, we pride ourselves on sustaining strong relationships with our clients. We provide every client with a thorough evaluation of their case, and keep them informed at all times by remaining in constant communication.

Previous Employment Summary

Prior to opening my law office, I practiced law at the Criminal Defense Division of the Legal Aid Society. There, I won nearly every felony jury trial that I litigated. Included in these wins are multiple felony cases where the prosecution alleged that my clients were "caught on video." Despite admission of these videotapes at trial, I secured complete acquittals for my clients in each of these cases.

Activities and Awards

I have a diploma from the National Institute for Trial Advocacy.

What is your opinion regarding clients educating themselves on legal issues?

I am in favor of clients educating themselves.

Are you willing to review documents prepared by clients?

I frequently review documents prepared by clients.

Are you willing to coach clients who want to represent themselves?

I would discourage clients from representing themselves. It is best to have a professional on your side rather than to try and do it yourself.

Why did you decide to be a lawyer?

When I was a teenager, my father was robbed by three men in our family-owned bar. When the police arrived, my father explained that he could not identify the men because he did not get a good look at their faces. The police attempted to show my father mug-shot photographs and my father, again, explained that he could not identify the robbers. At that time, the police stated, "Pick any three pictures, these guys probably did something bad at some point in time or we wouldn't have their pictures." I was disgusted by the conduct of the police and their willingness to frame innocent men. I decided I wanted to be a criminal defense attorney and I haven't looked back.

What work experience and education helps you be a better lawyer?

I was a criminal justice major in college. In law school, I participated in a criminal defense clinic where I represented indigent clients accused of crimes in Bronx County.

After law school, I practiced law at the Criminal Defense Division of the Legal Aid Society. There I effectively represented thousands of clients charged with crimes in New York.

Why did you decide on your primary area of practice?

The mere accusation of a crime can tarnish reputations, damage personal relationships, and result in backlash from the community. If actually convicted, a person can expect to experience negative effects in their personal life plus an array of severe legal penalties. The field of criminal defense allows me to actually help people. I aggressively fight to clear our clients' names so they can move forward with their lives.

What do you like best about your career?

I enjoy the challenge and pressure of successfully defending clients in court. I also enjoy the close relationships our firm has with our clients. When a client retains our firm, they can rest assured that we will not stop fighting, on their behalf, until the matter is resolved.

Tell us about your law firm:

I work with four other lawyers. Our lawyers are aggressive, persuasive and constantly studying the changes in the law. Each of our lawyers has successfully defended clients before judges and juries. We also have a talented investigator. Our investigator is a former NYPD homicide detective and he is an essential part of our firm's success.

What are your strengths and style?

I thoroughly investigate and prepare every case. In the courtroom I am aggressive and persuasive. My success, which includes not guilty verdicts in 22 of my most recent 25 trials, is the result of hard-work, dedication, courtroom advocacy skills and experience.

Personal Interests:

I enjoy working out at the gym, and watching boxing and football.

Office Manager/Assistant

None

Fax

(212) 531-6164

Office Hours

Monday through Friday, 9:00 a.m. to 6:00 p.m.
Weekend appointments available.

Emergency After Hours

Yes

Foreign Languages

Spanish.

Additional Offices

Bronx, NY
888 Grand Concourse
Suite 1H
Bronx, NY 10451
(212) 939-7251

Fixed-Price Services and Fees

The fees depend on the facts of the particular case. I do not believe in fixed fees, as some cases are significantly more complicated than others. It is unfair to the client to charge the same fixed fee for a less complicated matter.

Hourly Rates

The hourly rates vary depending on the type of matter.

Free Initial Consultation?

Mention Nolo and the consultation fee will be waved.

Typical Retainer

My typical retainer requires one flat fee depending on the case. I require a portion of the fee up front, and the remainder can be payment in accordance with a payment plan that the client feels comfortable with.

Understanding Fees

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Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.

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