Manhattan Criminal Arraignment Lawyers
If an individual is arrested in Manhattan, they must be arraigned on the charges within 24 hours of the arrest. An arraignment is the legal term for the process of bringing the accused before a judge to answer to the charges. The decisions made at arraignment have consequences that could alter how the case turns out. If you or someone you know has been arrested and has an arraignment schedules, you’ll want to know exactly what to expect each step of the way. Using the services of an experienced Manhattan criminal arraignment lawyer can help ensure that your rights are protected from start to finish.
What Happens After I’m Arrested?
After being arrested the officer has one of two choices to make. The officer can release you after you’ve been processed with a date and time to appear in court to answer to the charges. This is also known as a DAT or desk appearance ticket and allows you to remain out of jail waiting for an arraignment hearing, which is especially beneficial if you’re arrested late at night or on a weekend when a judge isn’t readily available.
The police officer has the sole determination in deciding whether to issue a DAT or not. The other option is to stay in police custody until a judge can see you. Cases where DATs are typically not issued are domestic violence, warrants, felonies, and open cases. Since the officer is the one responsible for issuing the DAT, you’ll want to have a lawyer who has experience speaking with the police to increase your chances of receiving a DAT instead of staying in the custody of the police department. You still have to go to court for arraignment if you receive a DAT.
The purpose of an arraignment hearing is to formally charge the defendant with the crime. It’s beneficial to understand how the process works when being involved in Manhattan’s criminal court system. The arraignment presents the charges against you and what your legal rights are. The judge can also issue orders that remain in place until the conclusion of your case. Examples include suspending a driver’s license, surrendering a passport, or issuing an order of protection against one or more individuals.
An arraignment also offers the opportunity to resolve the matter quickly, potentially at the same hearing. It is possible for misdemeanors and violations to get resolved in this manner. Felony cases do not offer resolutions at arraignment hearings due to jurisdictional conflicts. A judge or prosecutor can present an offer to resolve the case, which is another reason you want to have an experienced attorney familiar with the process to help guide you.
If you’re not aware of your options and rights, you might agree to a deal that can leave you with a long-lasting criminal record that could impact your ability to secure housing or find a job in the future. An attorney could’ve prevented this by advising the defendant not to accept the plea deal in an attempt to get the charge dropped or reduced.
Bail is the other part of arraignment you need to be aware of. Bail is set to ensure that you are present for all court appearances until the case has been settled. If bail is set, this amount must be paid before you or your loved one can be released from police custody. If you or someone you know is unable to post bail, you’ll be required to stay in jail until the matter is resolved and a deal is met.
Protect Your Rights with a Manhattan Criminal Arraignment Lawyer
You should always have someone who knows the law and has plenty of experience handling similar cases and arraignments by your side during your arraignment hearing. You have the right to have an attorney with you during the hearing to protect your rights and negotiate the best deal for you based on the circumstances of your case.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic