Your Case Is Being Held for Review New York
A NYC criminal lawyer will aid with an informed please during arraignment.
An arraignment is a very important and strategic phase of the judicial process. It is the indicate in fourth dimension during your New York criminal case when your New York defence attorney states your plea. At an arraignment there will be a formal reading of the criminal complaint so that the defendant may hear and understand the charges being placed against him or her. The defendant is then asked to present a "plea." Pleas include: "guilty" and "not guilty", also every bit a peremptory plea. A peremptory plea is a plea that tells the prosecution and judge why a trial cannot proceed. The conclusion about what type of plea to brand is a very serious decision that can affect your case, equally well every bit bear upon your life in the future. You volition be provided a court-date lawyer, only information technology is extremely important that yous have an experienced private chaser by your side at your arraignment to ensure that y'all make the conclusion that is best for you and your future.
Arraignments 101
If someone has been arrested in Queens, Manhattan, Brooklyn, Bronx or Staten Island, they're looking at having to endure a 24-hour experience that will finish with the first advent in court — or arraignment.
Arraignments in New York City and its five boroughs are confusing and stressful for the person being arrested. Friends and family unit volition often feel the stress equally well while they phone call the lawyers and scramble to detect out information while are desperate to discover a mode to help.
Arraigned in New York Courtroom?
The procedures in this commodity are ascendant in New York City including all five boroughs. However, keep in listen that there is variation among the boroughs and the procedures outside of New York City may vary slightly.
An arraignment is not a trial. No witnesses are chosen, and no evidence is presented. The absorbing officer does non demand to appear, nor does the complaining witness. The guilt or innocence of the accused is Non decided during arraignment. Ordinarily, the accused will not even be asked to speak as the defendant's attorney volition speak for him or her.
From the accused'due south viewpoint, an arraignment is about bail — will the judge gear up bond, and if he does, how much. While other things may happen at an arraignment, the most obvious and significant fifty-fifty is the judge'due south decision regarding bail. The defense force lawyer will be able to negotiate the terms of the bail, and, in certain occasions, to reduce it significantly.
Arraignment – Initial Court Appearance
In New York City, defendants are brought before a judge for arraignment within 24 hours of arrest. After the instance has been docketed by the court and the complaint and the defendant's criminal history are set up, the defendant is brought to Criminal Court for arraignment.
Misdemeanor
If the defendant is charged with a violation or misdemeanor, they may plead guilty at arraignment. In some cases, a defendant accused of a felony crime is offered a misdemeanor plea at arraignment. While many defendants plead guilty at arraignments, guilty pleas tin can also exist entered later in the example. The defendant tin can plead guilty to all of the charges; some of the charters to plead to a bottom charge if offered by the Commune Attorney. If the accused pleads guilty, the judge hands down the sentence. When there is a felony and no misdemeanor offered, a defendant is non asked to enter a plea during arraignment.
Felony
Felonies are crimes for which more than 1 year of imprisonment may be imposed. In a very few felony cases, plea offers may be made at the arraignment. Otherwise, the presiding gauge volition adjourn the case pending activeness past a Grand Jury. The case will remain in Part F for the rest of the proceedings earlier to indictment or a misdemeanor disposition.
Office F Felony
Cases fall under the jurisdiction of Criminal Court until a One thousand Jury indictment is obtained. After arraignment in Criminal Court, felony cases in New York County are adjourned to a Criminal Court All Purpose Part called Role F. After a Yard Jury indictment has been voted, the case moves to a Supreme Court Arraignment Role.
Charges Dropped at Arraignment
Defendants who retain a private attorney before arraignment accept a chance to derail the case against them for several reasons.
Weak Case
In New York, intake prosecutors analyze cases to make sure there is evidence of guilt and that prosecution is in the interest of justice. Frequently though, the caseload is so heavy that reviews are perfunctory and weak cases sometimes skid into the judicial pipeline. If an attorney who is well known to the courtroom can convince the prosecutor of the weaknesses in the case, the case may be thrown out.
No Limelight
Before arraignment, no one in the prosecutor's office has spent a dandy deal of time or money on the instance. With less invested, it'south easier for the prosecution to permit a weak example go.
A Favor
Dockets and schedules are crowded in New York. Like-minded to dispose quickly of weak cases, prosecutors tin can spend the little time they have devoted to more serious cases. Likewise, getting rid of weak cases early in the process saves the prosecutor the embarrassment of showing upwards in court with a weak case. For these reasons, a skillful NY criminal defence force chaser can signal out weaknesses that the prosecutor didn't consider and the prosecutor may drop the charges before arraignment.
First Arraignment
In New York, the get-go arraignment is called the initial arraignment and must take place inside 48 hours of an private's arrest. That tin can be stretched to 72 hours if the individual was arrested on the weekend and unable to run into a judge until Monday. Most people arrested must exist released if they are non arraigned within 24 hours.
Pre-Arraignment Briefing
A pre-arraignment conference is held before the return of an indictment. The pre-arraignment conference is scheduled by the Criminal Partition office in the borough where the offense occurred. Discovery and other evidence is available to the defendant and their chaser prior to the briefing. This gives your lawyer (or, defence force team) an opportunity to wait at and review the evidence. Every bit a result of this initial discovery, a defendant may decide to attempt to negotiate a plea deal. The defendant may also plead guilty to the charges.
Waiver of Arraignment
When a defense force attorney waives the arraignment, it simply means that the accused is aware of the charges and is entering a plea of non guilty. Formal arraignment procedures include having the indictment read aloud and hearing the charges put on the record. Waiving the arraignment accomplishes that without having to accept the fourth dimension to get to courtroom and go through those procedures. The accused's case will yet be placed on a New York court trial calendar, or docket, and will go along through the same steps whether the accused appears for a formal arraignment or not.
The defendant and his chaser will normally be permitted to waive the arraignment if:
(i) the defendant has been charged by indictment or misdemeanor data;
(2) the accused, in a written waiver signed by both the defendant and defense counsel, has waived appearance and has affirmed that the defendant received a copy of the indictment or information and that the plea is not guilty; and
(3) the court accepts the waiver.
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Bail
If the judge doesn't fix bail, that is called being "released on recognizance," or ROR. Someone who is ROR'd is released only on his verbal promise that he will evidence up at court on the appointment that is fix by the guess. If the judge does ready bail, then the defendant will be held in custody at Rikers Island until either the case is over, or there is a alter to the bail for a variety of reasons.
If a person makes bail, but doesn't return to court, then New York City gets to keep the money while the constabulary starting time looking for the individual. If the individual persists and fails to show upwardly to courtroom within 30 days, the person could exist charged with the additional criminal offence of bail jumping.
If the bail is loftier plenty that friends and family can't raise it and they can't afford a bondservant, the accused could rest in jail for equally long as it takes for the case to piece of work its mode through the courts. If it will accept upwards to a twelvemonth or more to get the instance prepare for trial, then the person will be in jail for one year. Talk you your criminal lawyer to file the proper motions to reduce this waiting period.
While it is possible to go the bail reviewed, information technology is non very likely that bail will exist changed. The law presumes that the amount of bail set at the arraignment is the correct bail. The accused will have an uphill fight trying to talk a later judge into reducing or eliminating bail.
Federal Arraignment
A federal arraignment is a court proceeding and is an of import role of federal court and court procedures. Felony arraignments are 1 of the first steps in the process of being formally charged with a Federal felony. The purpose of a federal arraignment is much like those in a misdemeanor arraignment.
These hearings part to apprise defendants of their constitutional rights, particularly the sixth Amendment right to be informed of the crime for which the accused is being accused.
Federal Arraignments are unlike than preliminary hearings. Preliminary hearings are more like yard jury proceedings where judges determine if sufficient evidence exists for the defendant to stand trial. Arraignments differ from preliminary hearings also because the conclusion of probable cause exists to charge a defendant has already been established. Also, the defendant's presence is normally required at a federal arraignment. Federal courts most ever require all defendants to exist present at felony arraignments. However, state courts may relax the rules, depending on the jurisdiction.
Probation Violation Arraignment
A probation violation ways that accused'due south probation officeholder volition let the judge know, and the case will be returned to the New York Court'southward agenda, or docket. The defendant volition announced before the sentencing judge and have a probation violation arraignment or hearing. The lawyer who will prosecute the case is from the Probation Department and may enquire the approximate to take the defendant off of probation and send them to jail.
Information technology's up to the approximate to decide if the probationer violated the probation. If the respond is yep, the guess must decide what penalties, if any, volition be imposed. The judge has a range of options available. The courtroom may require the defendant to be jailed, or may restore the probationer to probation or even restore the probationer with new weather.
Get an Attorney For Your Initial Court Advent
If you can, get an chaser to stand with you during the arraignment. The approximate will make a decision that will have lasting implications in the case, so it makes sense to take an chaser with you who can speak for yous during the arraignment. Additionally, a dandy deal tin be learned almost the charges informally at the arraignment.
Defendants charged with felonies may be chosen upon to brand a legal decision that could result in devastating consequences if the wrong decision is fabricated. The potential for this makes it even more imperative to have your attorney there to make a determination.
Retaining a criminal defense lawyer and having him with you during the arrest to arraignment phase can often ease the stress on the defendant as well equally their family unit and friends. Experienced attorneys will be able to speak with the arresting officer and court staff and be in a position to gather reliable information about the nature of the charges in your case.
Top Attorney for Your Arraignment
The attorneys at Bukh Police force Firm know that the earlier they become involved in a case, the more they can do to protect their client. Often, the police tin can obtain dissentious statements from defendants long earlier the arraignment. If an attorney from Bukh Law Firm is involved in the procedure early on enough, he can make information technology difficult, if not impossible, for the constabulary to legally question the defendant.
Sometimes, part of the determination making process for the arraignment is whether or non to accept a plea bargain that is offered to yous by the prosecution. An experienced criminal defense attorney can aid you make this important decision, and counsel you lot regarding the consequences that will come from either consequence; accepting a deal and pleading guilty, or pleading not guilty and proceeding to trial. It is very important to fully empathize this phase of the judicial process and piece of work with your New York City criminal lawyer to select a plea appropriate to the example and that best suits your interest.
Our team of some of the all-time NYC defence force attorneys has extensive experience to help you negotiate with the prosecution.
Let a New York City criminal lawyer argue for your bail and help you decide how to plead. Contact Bukh Constabulary Firm, PLLC. now at 800-601-0207 to have a knowledgeable advocate there for you at arraignment.
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Source: https://nyccriminallawyer.com/ny-criminal-system/arraignment-in-new-york/