The Arrest Process And Criminal Court Arraignments
One of the worst fears is getting a call from the police or your loved one that he or she has been arrested. If this has never happened to you, then I am quite certain that you have no idea what you should do. My first suggestion would be to hire an experienced criminal defense attorney who has handled many criminal cases, arrests and arraignments.
As an experienced defense attorney who has been defending those facing criminal charges for almost 30 years, I understand the process. I understand what constitutes a probation violation. I know what actions to take should you receive a warrant. I will be there for you after you have served your sentence and advice you about what information regarding the arrest can be sealed or expunged. I can guide you through what to expect and help you make the most informed decisions concerning your case.
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As your criminal defense attorney, following an arrest I would immediately contact the arresting police officer or detective and advise them that I have been retained to represent your loved one, and to stop and cease any questioning of “my client.” Under New York state law, when an attorney appears on behalf of the person arrested, all questioning by the police of the arrested person must stop.
I would then obtain an arrest number and immediately file a notice of appearance in the criminal court of the county where the person has been arrested. A notice of appearance is an official court document that notifies the court that the person arrested is represented by a private attorney. This will prevent my client’s case from being placed with hundreds of other people who have been arrested, and who do not have a private attorney.
Next, I would be in constant contact with the court clerks to determine when the district attorney’s office and the police department have handed their paperwork to the clerk so the case can be presented to a judge for a criminal court arraignment.
Arraignment Attorney Serving Queens, Brooklyn And Long Island
I was told my son was going to an arraignment. What do I do? What is an arraignment? An arraignment is the time when a person whose arrest process has been completed, and is finally presented before a judge to determine whether to set bail or not set bail. If no bail is set, the defendant is ROR (released on his or her own recognizance), and the defendant must appear on a new court date set by the judge. If the judge decides to set bail, there are a few things that can happen. If the defendant cannot make bail, he or she will be held in custody until the next court date, and possibly until the case is resolved, or until trial. If the defendant does manage to make bail, he or she will be released, and must appear on the next court date set by the judge.
What Is Bail?
Bail is money or some type of property that is pledged to the court or given to the court in exchange for the release of an individual from jail with the promise that the individual will return to the court to attend any established court dates. If the individual does not meet the terms of the bail, including failure to return to court as promised, then the bail is forfeited and the individual may face separate charges for bail jumping as a result. If the person appears for all court appearances, then regardless of the outcome (whether guilty, not guilty or pleads guilty), the bail in New York City will be returned to the person who posted it, less than a five percent surcharge to New York City.
Whether or not the judge set bail on a case depends on a variety of factors. Mainly, the judge should determine whether the person arrested is at a good risk to return to court. Some of the factors that are considered are the severity of the case, prior criminal background history, ties to the community, employment, family roots to the community, and most importantly, if the person has been arrested before, whether that person had appeared throughout the case proceeding, or whether that person had warrants issued for his or her arrest for failure to appear at a prior court date.
What Is A Bond?
If the arrested person’s family or friends do not have enough cash to bail out the person in custody, a bail bond company can be utilized to arrange a bond to be posted for the release of the arrested person. There are many variations of bonds. I recommend that you choose a bond company that has a good reputation, and no complaints against the company. In a nutshell, someone can place his or her house deed with the bond company, plus a certain amount of cash to arrive at the proper amount of the bond to have the arrested person released from custody. Another variation is to put 10 percent cash of the entire bond amount with the company, and the company will put up the other 90 percent. However, the bond company will take a fee out of the 10 percent cash you have deposited with it.
In order to be able to post a bond for a person’s release from custody, the court would have stated at the end of the arraignment process whether it was only cash bail or, in the alternative, a bond as well.
What Is A Desk Appearance Ticket?
Commonly known as a DAT, a desk appearance ticket is a sheet of paper issued to you by the police that lists the charges you face, along with the date and location of your court appearance. Being issued a DAT takes place after being arrested and going through arraignment. Typically, police only issues a DAT for misdemeanor charges or violations. A pink summons works similarly to a DAT and is issued for minor charges like reckless driving and disorderly conduct.
Contact An Arrest Or Arraignment Lawyer
To schedule a free consultation with an arrest or arraignment lawyer serving Queens, Brooklyn and Long Island, call the Law Office of Luke Scardigno at 718-414-6186 or fill out my online contact form. My office is located just across the street from the Queens County Criminal Courthouse. My fees are reasonable, and payment plans are available so that you can get the representation you deserve in a way that fits your financial situation.
Spanish, Italian and Greek language services are available.