The experience of being arrested is upsetting. In New York, a person could be placed in a jail cell or given a desk appearance ticket (DAT) after their arrest. The next thing that will happen is they will be required to attend an Arraignment hearing. The time between being arrested and attending an Arraignment hearing is usually 24 hours. This amount of time can be extended to 72 hours if a person is arrested during a weekend or holiday. Most people are released if they are not given an Arraignment hearing after 24 hours.
Prior To Arraignment
It is important during the time after an arrest and before the arraignment; the arrested person speak with an attorney. Once a person is arrested, they will be asked questions about their case from police as well as a district attorney. It’s important for them to realize even the most innocent statement make at this time can be used against them in the future.
This is something that can take place prior to the return of an indictment. This conference is held at the Criminal Division office where the criminal offense occurred. Before this conference takes place, a defendant and their attorney will be able to review discovery and any other available evidence. This will give the defendant’s defense team a chance to carefully examine the details of a case. The results of this could lead to a defendant wanting to negotiate a plea bargain. In some cases, a defendant decides to plead guilty to the charges.
Waiver Of Arraignment
It is possible in certain circumstances for the defense attorney to waive an arraignment on behalf of their client. In this situation, the attorney is stating to the court that their client is aware of the charges and is entering a not guilty plea. A defendant will avoid the formal arraignment process, which includes having their charges put on the record as well as their indictment read aloud. All of this is done without the time required for an appearance in court. A defendant won’t have to go through the formal arraignment process. A trial calendar or docket in a Ne York Court will move forward with the same steps with or without a formal arraignment.
It is essential that a person who has been arrested attend their arraignment. Should they not go to their arraignment, a bench warrant will be issued for their arrest. If a defendant believes they will be able to discuss the charges against them or tell their side of the story at an arraignment; they’re wrong. The only reason for this court appearance is so a defendant can hear the charges against them. After the charges are read to the defendant, they will be asked to enter a plea. Should a person enter a plea of not guilty, the court will determine if they can be released. A person could be released without the requirement of paying bail. They could also be required to pay a bail amount to the court as a condition of being released. The purpose of bail is to ensure a defendant returns to court for their trial. A defendant’s attorney could also request bail for their client and have it denied. A defendant can also be put in jail.
Should a defendant hear a prosecutor say “Seven-Ten-Thirty-One-A” at their arraignment, a notice is being given to the court that the police have the defendant on record making a statement during their arrest concerning the crime. This is a statement a prosecutor will be able to use at trial. It could be an oral statement, written statement or both. The statement may or may not be recorded. Once a prosecutor has provided a court with notice, they are permitted to summarize the defendant’s statement to the judge.
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