All law enforcement agencies at both the State and Federal levels understand that anyone accused of wrongdoing has a right to representation. They will not assume your guilt just because an experienced Criminal Defense Lawyer has been hired. To be perfectly honest, by the time law enforcement comes to talk to you they have probably already decided that you are guilty, so worrying about how your hiring of an attorney might look to them shouldn’t be your main priority. Your main priority at that point should be making sure that your rights are protected by hiring an Experienced Criminal Defense Attorney like myself. It puts all Long Island law enforcement agencies on notice that you’re not going to be pushed around and that they aren’t going to be able to take advantage of you. You need to have your rights and your freedom protected. This can only be accomplished by an attorney with experience practicing this unique area of the law on Long Island.
How Does Bail Work In New York For State Criminal Offenses?
Bail in New York State Court has gone through some major changes in the past few years. Generally, you must be released after arraignment and may not be held on bail on any Misdemeanor charge except for certain Sex Offense Misdemeanors or Misdemeanors involving Criminal Contempt of an Order of Protection where there’s an underlying allegation of Domestic Violence. For Felonies, the general rule is that bail can be required before release for nearly all Violent Felonies (exceptions include Burglary in the Second Degree under Penal Law 140.25 (2) and Robbery in the Third Degree under Penal Law 160. 10 (1). but not for the majority of Non-Violent Felonies. Bail can be required for some Non-Violent Felonies, including Witness Intimidation, Non-Violent Felony Witness Tampering; Non-Violent Class A felonies; Felony Sex Offenses; Felony Criminal Contempt with an underlying allegation of Domestic Violence; and certain Offenses Against Children.
When making the determination to set bail, the Court must offer at least three types of bail. The three most common are “cash bail” (where the entire amount is posted with the Court in cash), an “insurance company bond” (where a Bail Bondsman posts the bond amount with the Court after being paid a non-refundable fee – usually between 6 and 10% of the bond amount), and a “partially secured bond” (payment of 10% or less of the total bail upfront with the Court and the balance only becomes due if the defendant doesn’t appear in Court).
The Court has to take into consideration the individual’s ability to pay, looking at their individual financial circumstances, their ability to post without posing an undue hardship, and their ability to obtain a secured, unsecured, or partially secured bond. The court can also choose to impose “non-monetary conditions” which can include things like being put on Supervised Release or some form of Electronic Monitoring.
What Should I Expect To Happen Once I Am Arrested And Released On Bail?
If you have hired an attorney who is experienced in Long Island Criminal Defense, your attorney will have you come into their office as soon as possible for a complete debriefing in order to get all of your information including anything you know about the case along with information about you personally. This meeting also provides an opportunity for you and your attorney to discuss what you can expect in the coming months. During those first few months, the prosecution has to turn over certain discovery materials, including physical evidence and witness statements. Your attorney should be conferencing with the assigned prosecutor as soon as possible. There will normally be an initial court appearance sometime within a few weeks of the arraignment and there are often subsequent court appearances as well. Throughout the entire process, your attorney should be working very diligently to fully explore the strength of the prosecution’s case and determining whether the best route to take is a plea bargain or a trial.
How Soon Does Arraignment Occur In New York?
Typically, an arrested party is brought before a judge within 24 hours after their arrest – that first appearance before the judge is what’s known as an “arraignment.” At an arraignment, an individual is informed of what the charges are against them and the court often will usually make a determination as to bail.
For more information on Hiring A Long Island, N.Y. Criminal Defense Attorney, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.
