| NY Criminal Defense | This guide is published by the Storobin & Spodek LLP in order to help viewers learn about cases in New York criminal court. It is not intended to be legal advice, merely a way to help you understand your needs as your case moves along in New York Criminal courts. |
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Before a case gets to trial, anywhere between six months and three years may pass. The first court appearance in the Criminal and/or Supreme Court is called an arraignment. During the arraignment, the prosecutors will present the defendant with the charges (accusations) you are facing and the judge will set bail.
It is important to remember that bail hearings cannot be held whenever the defendant wants to demand one. Once you bail is set during the arraignment, reasons for appeal are limited and there must be a significant change to even ask for another bail hearing. The change isn't just any fact that changes in the defendant's life. There are very limited reasons that will be treated as legitimate in demanding a new hearing.
It's important to remember that an arraignment is not a trial. No evidence is submitted by either the prosecutors or the criminal defense lawyers. The police officer and the alleged victim (called the "complaining witness" in New York Criminal Courts) do not have to show up, and almost never do. The defendant is not found guilty or innocent during the arraignment. The criminal defense lawyer will receive a document with accusations against the defendant, as well as his criminal history and a report from the Criminal Justice Agency. Then the prosecutor and the criminal defense attorney will argue over bail in front of the judge, who will determine what is the proper amount, if any. Some people are allowed to leave the court without any bail. This is particularly common for lower crimes. Some defendants arrested for higher crimes are jailed without having the right to post bail. That is called "remand."
It is, therefore, extremely important to have proper representation during your first court appearance, the arraignment. A bad turn of events during the arraignment where your criminal defense attorney does not present the facts properly may result in your incarceration lasting months or years, even if you are not guilty, just waiting for trial.
Defendants who are in custody for long periods of time while awaiting trial often lose patience and may accept a plea bargain against their long-term interests and even against the advice of their criminal defense attorney.
Our criminal defense attorneys have extensive experience arguing for lower bail during arraignments, and have completed special advanced training at the National Criminal Defense College and the Western Trial Institute.
Additionally, before ever seeing a judge (or any legal aid that would be assigned to you), you will be meet a representative from the New York Criminal Justice Agency (CJA) to be interviewed.CJA is a private non-profit corporation providing pre-trial release services in NYC Criminal Courts. CJA representatives interview the majority of all arrested defendants held for arraignment for the sole purpose of determining the ties to the community and warrant history as defined in CPL 510.30. CJA staff will call the defendants friends and family to verify the information that is provided to them in the interview and then based on objective criteria will make a release recommendation to the Judge as the defendants pre-trial status.
The questions asked are:
The interviewer is not ascertaining guilt of the current offense. The questions asked are solely for the purpose of determining if the defendant should be released with or without bail. It is imperative that the defendant be honest and open regarding the above questions because you want to get released without bail. But this is also where it could be absolutely crucial to have a private attorney for the arraignment. Once the defendant has arrested has retained an attorney, this attorney can advise the defendant on how to answer each question.
Defense lawyer can also attempt to estimate the likely bail amount (though nobody can know for sure until the judge sets it). The criminal defense attorney can arrange to have family and friends at the arraignment with a reasonable amount of cash so if
To speak to a criminal attorney, call (212) 748-9243.
Our fee for most arraignments is only $599, and if you retain us for the rest of the case, the fee may be used to reduce the total fee for the whole case. For this fee, we will also work to help process our client's faster to avoid longer wait time in custody before seeing the judge. We are available to help you 24 hours a day.
If you need to reach New York Criminal Court in person or by phone, visit our web page on Criminal Court Phones, Addresses and Directions. If your property was confiscated by the police upon arrest, visit our web page on How To Get Property Back After Arrest.
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Storobin & Spodek LLP |
Storobin & Spodek LLP |
Storobin & Spodek LLP |