What You Need to Know About Criminal Defense in New York: Insights from Albany Attorney Kevin O’Brien
If you or someone you know is facing criminal charges in New York, understanding how the legal system works—and how to protect your rights—is crucial. In a revealing interview on The Litigious Podcast, Scott Peterson sits down with Kevin O’Brien, a highly experienced criminal defense attorney and founding partner of O’Brien and Eggleston in Albany, New York. Kevin breaks down what really happens behind the scenes in criminal cases, offering guidance that every New Yorker should hear.
🚨 Who is Kevin O’Brien?
Kevin O’Brien is not just any defense attorney—he’s someone who’s tried more criminal cases than many lawyers see in their entire careers. His path into criminal law was shaped by personal experiences and close calls in his youth, which now fuel his empathy for clients who find themselves entangled in the justice system.
Key Takeaways from the Episode
🛑 Never Talk to the Police Without a Lawyer
Kevin’s most urgent advice? “Don’t talk to the police without an attorney.” In New York and across the country, law enforcement is legally allowed to lie during interrogations. Even innocent people can say things that get twisted and used against them later. Always ask for a lawyer immediately—even if you’re only being questioned and not arrested.
🚗 DWI (Driving While Intoxicated) Is Still the Most Common Charge
In New York, DWI cases make up about 30% of Kevin’s private defense work. Although ride-share apps like Uber and Lyft have reduced some of these incidents, many working-class clients still find themselves charged after making a bad judgment call. Kevin explains the serious consequences of refusing or agreeing to a breath test in New York—and why that decision is more complicated than it seems.
👨⚖️ What Is Jury Nullification—and Why Does It Matter?
Jury nullification is when jurors choose to acquit a defendant even if the evidence points to guilt because they believe the law or its application is unfair. While rarely discussed publicly, Kevin believes it’s a crucial tool in achieving justice—especially in cases where strict laws produce unjust results.
🎙️ Why Kevin Has Clients Testify in Trial
Contrary to popular advice, Kevin often puts his clients on the stand. Why? Because juries connect with honesty. By having his clients admit to past mistakes and explain their side of the story, he builds credibility. In more than 80% of trials, this approach has helped him secure better outcomes.
🌐 Controlling the Narrative in a Digital World
In high-profile New York cases, managing media and social media is just as important as managing the courtroom. Kevin doesn’t shy away from publicity—instead, he uses it strategically to protect his clients’ reputations and influence potential jurors. This reflects the growing reality that court battles now play out both in courtrooms and online.
🧠 The Mental and Physical Demands of Criminal Trials
Kevin stresses that preparing for trial is mentally exhausting—not just for the client, but for the attorney too. He and Scott talk about the importance of physical fitness and emotional balance. A strong defense requires a sharp mind, and that starts with self-care.
What Makes a Great Defense Lawyer?
- Experience in Trial: Kevin has taken more cases to trial than most of his peers. This hands-on knowledge gives him an edge when building defense strategies.
- Personalized Representation: Kevin emphasizes the importance of building a strong, honest relationship between lawyer and client. You should feel like your attorney truly understands your story.
- Understanding Local Courts: In New York State, sentencing can vary greatly depending on the judge. A local lawyer who knows the tendencies of each court can shape a smarter legal strategy.
- Avoiding “Quick Plea” Lawyers: Not all defense attorneys are equal. Some push clients to take plea deals too quickly. Make sure your attorney is willing to fight for you, especially if you’re innocent or facing serious consequences.
Real Talk: Public Defenders vs. Private Attorneys in New York
Kevin is candid about the difference between public defenders and private counsel. Public defenders in New York often carry massive caseloads, making it hard to prepare thoroughly for each case. If you can afford a private attorney, you may receive more time, attention, and tailored defense.
Know Your Rights, New York
If you are ever stopped, questioned, or arrested in New York:
- Politely ask if you are free to leave. If not, you’re being detained.
- Do not answer questions without a lawyer present.
- Say clearly, “I want to speak to a lawyer.”
- Do not resist, even if the arrest feels unfair. Fight it in court, not on the street.
Final Advice from Kevin O’Brien
- Get a lawyer early. The sooner, the better.
- Be honest with your lawyer. Don’t hold back—it can hurt your case.
- Understand your charges. Don’t go into court blindly.
- Don’t underestimate the system. Even small charges can spiral into serious consequences.
- Be proactive. Take your defense seriously from day one.
Need a Criminal Defense Lawyer in New York?
If you’re looking for an experienced, battle-tested criminal defense attorney in Albany or anywhere in New York State, Kevin O’Brien of O’Brien and Eggleston may be worth calling. He’s known for his aggressive advocacy, deep courtroom experience, and compassionate client relationships.