When You Appear in NY Court After Arrest

I have just been arrested! What should I do?

Once you have contacted your family or friends, you should seek out an experienced criminal defense lawyer who can quickly find out as much information as possible concerning the reason for your arrest, and arrange to have you released as soon as possible

What happens after my initial appearance before the court?

After your arraignment, the case will be adjourned to another date, courtroom and judge. At this time, your attorney can do a number of things, such as meet with the prosecutor to discuss potential dismissal or reduction of the charges, make certain motions or applications to the court, have certain evidence deemed inadmissible in court, or try to compel the prosecutor to disclose to the defense certain information or evidence. If you are charged with a felony, the case will be adjourned to monitor whether a grand jury has voted to indict you on the charges.

Original Source for this article: http://www.petruslaw.com/when-you-appear-in-ny-court-after-arrest-2/

Court Proceedings in NY - Criminal Lawyer New York

What will my lawyer do after the initial arraignment in court?

From the moment you hire your attorney, he or she will begin to gather information both about you and about your case from you and all other sources, including the prosecutor, any witnesses, family members, colleagues and friends. Every case is different and Mr. Petrus will tailor his approach specifically to fit your needs.

If I am charged with a felony, should I appear before the Grand Jury to hear the evidence against me?

Every person with pending felony charges against them in New York has a right to appear before the Grand Jury and, after waiving their right against incriminating themselves, has the right to testify on their own behalf in an effort to persuade the Grand Jury not to vote an indictment against them. In addition, every such person has the right to make the Grand Jury aware of other witnesses and evidence which they believe would exonerate them and to request that the Grand Jury hear such testimony and see such evidence at this stage. However, just because it is the right of a person accused of a crime to appear before the Grand Jury and to testify on his or her own behalf does not mean that doing so is a wise decision. When you testify before the Grand Jury, whatever you say may be used as evidence against you in the event you are indicted. Thus, you should thoroughly discus this option with Mr. Petrus before deciding weather to testify and let him help to prepare you for what will be one of the most important days of your life.

Original Source: http://www.petruslaw.com/court-proceedings-in-ny-2/

The Arraignment - NY Criminal Defense Attorney

Once all of the paperwork has been completed your case will be docketed (i.e., assigned to an arraignment courtroom) and you will be brought to a holding cell attached to the courtroom in which your arraignment will occur. If you have pre-arranged to be represented by your own lawyer, that attorney will notify the clerks and/or court officers in the part by submitting a “Notice of Appearance.” If you do not have your own lawyer the court will assign a legal aid, attorney, or someone who works in public defense to represent you. In either case the attorney will be given a copy of your papers and will speak with you before you see the judge.

Attorney-client interviews are usually held in interview booths attached to the holding cell outside the courtroom (the attorney will call your name out shortly before your case is to be called in court). The attorney will tell you what crimes or violations you are being charged with, what, if any plea offer has been made by the District Attorney or judge, and will discuss with you what happened and what you wish to do. To prepare the arguments for your release, the lawyer may ask you to provide more information concerning your “community ties.” The attorney may need to contact a friend or family member in order to verify the information, and may also want to have them appear for you at the arraignment, if possible. Once the interview is finished the attorney will notify the part that you are ready and you will be brought into the courtroom for your arraignment.

The arraignment is in theory, the formal process by which you are informed of the charges against you and the rights you have as a defendant. In practice, this formal reading of the charges and rights is waived by defense counsel. The District Attorney will then give notice of any statements the People intend to use against you, as well an any identification of you by prosecution witnesses, and then give a short recitation of the NYPD’s version of the events that resulted in your arrest. This will generally be followed by a plea offer, which court personnel usually refer to as a “disposition offer.”If you are pleading “not guilty,” the court will then ask the District Attorney for a recommendation on whether you should be released on your own recognizance (“ROR’d”) or have bail set. Your attorney will then argue for “ROR” or lower bail, and inform the court if a friend or family member is in the audience to vouch for you. Unless you are taking a plea at the arraignment it is very unlikely that you will be asked to speak. Should you wish to say something or respond to something you have heard, it is advisable that you quietly tell the information to your attorney.

Be aware that arraignments are usually conducted at break-neck speed and the entire process will probably go by in a flash. But if something has transpired that you don’t understand or you think may result in an undesirable outcome, don’t hesitate to ask your attorney to stop and explain.

Original Source for this post is: http://www.petruslaw.com/the-arraignment-2