Anyone arrested in Manhattan on criminal charges should be arraigned within 24 hours. During the arraignment, which is the legal process of bringing the arrested person before a criminal court judge. Decisions made during the arraignment could have far-reaching consequences that affect the outcome of the case.
If you or a loved one has been arrested and are now scheduled for an arraignment, it is important know what to expect during this process. This will help to ensure that your rights are upheld during the procedure. Hiring an experienced Manhattan criminal arraignment lawyer puts you at an advantage of having your rights protected.
After the Arrest
Typically, one of two things happens to you or a loved one after being arrested. One, you can be released by the police after being processed. If so, you receive a document that advises you of your date to appear in court.
Known as a Desk Appearance Ticket, or DAT, this allows you to avoid remaining in jail for hours until your case is brought before a judge. This would spare you the unpleasant experience of sitting in a jail cell in central booking while you wait to see the judge.
Issuing the DAT is at the sole discretion of the police. The other thing that can happen is you remain in police custody until it is time to appear before the criminal court judge. Generally, open warrants, open cases, felonies and domestic violence cases are not given DATs.
Since issuing the DAT is up to the police, having a lawyer who knows how to speak with the police as soon as possible helps to ensure you or your loved one will receive a DAT.
Remember that the DAT does not mean the criminal prosecution of your case ends. This is merely your get-out-of-jail notice until the date of your arraignment.
The Arraignment Process
The judicial process where a defendant is formally charged with a crime has several purposes. Understanding each is beneficial to navigating Manhattan’s criminal court system.
First, an arraignment gives you an opportunity to be informed of the charges being brought against you and your legal rights going forward. Second, this is the time when the judge can issue interim orders that remain in place until your case is resolved. Typically, these orders are related to the case and may involve:
• Issuing orders of protection in favor of victims
• Surrendering passports
• Driver’s license suspension
The third purpose of an arraignment is to give you an opportunity to resolve the matter before going further. With felony cases, no settlement is offered at an arraignment based on jurisdictional reasons. However, misdemeanors and violations could be resolved at that time.
Either the prosecutor or the judge can make offers to settle the case. Therefore, having an attorney present who knows the law is vitally important.
In some cases, people unwittingly accept offers that left them with lifelong criminal records. Others agreed to depositions that adversely affected their case because they did not have an attorney present who would have advised them to not accept the offer.
The most important part of the arraignment process is to have bail set. This is the money that has to be paid to secure your or your loved one’s release. Bail is used to make sure you return to court on the assigned date. If bail is not paid, you will remain in jail while the case is pending, even through the trial no matter how long it lasts.
Let a Manhattan Criminal Arraignment Lawyer Protect Your Rights
During the arraignment process, you always have a right to have an attorney present on your behalf. Make sure you are represented by a criminal arraignment lawyer who can competently negotiate so you receive the best outcome.
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When someone is charged with a crime, it can be a very stressful experience. Unless they are familiar with the criminal justice system, people find the process extremely confusing. In this situation, a person could be facing significant penalties or even spending serious time in prison or jail. This is the time when they will need the advice and guidance of a criminal defense attorney.
An experienced chicago criminal defense attorney can properly analyze the facts of a criminal case. They will know when a person charged with a crime will qualify for bail and how to get the lowest possible bail amount for the situation. A criminal attorney can develop an effective legal strategy to successfully defend a person charged with a crime.
It is possible for a criminal defense attorney to help their client avoid jail time, or get a reduced sentence with a plea bargain, or another type of deal. This will involve the attorney using their negotiating skills with the prosecutor involved in the case. Should an individual be found guilty by a judge or jury, a criminal defense lawyer may be able to negotiate a lesser sentence or the least amount of punishment. This could involve lower fines, less jail or prison time and more.
A criminal defense attorney is not a trained therapist. They do know how to help their clients handle the emotions they will experience when dealing with the criminal justice system. A criminal defense attorney can explain the truth of the legal system to their clients and discuss what they will be facing. They will let their clients know about the rules of the court as well as its regulations. A criminal defense attorney knows how to help their clients effectively navigate the legal system. A significant part of this is knowing the many unwritten rules of a court and how to handle them when they impact a client’s case.
A criminal lawyer will try to prove a person’s innocence or how the prosecution has it all wrong, Doing this will require gathering evidence to build a case. This could involve witness statements as well as physical evidence and more. They will know what is important and how to present it to the prosecution as well as a judge or jury for the best possible result.
Court Rules And Customs
A criminal lawyer knows the important legal rules associated with a case. These rules can be found in court interpretations of federal and state criminal statutes. They will know the legal standards for unreasonable search and seizure and more. When dealing with a local criminal court, it will have its own customs and procedures. A criminal lawyer will know these rules. They will likely have a working history with judges and prosecutors. This experience will be a huge benefit to their clients.
Many times a defendant has spent too much time talking to the police prior to speaking with a criminal lawyer. Often, the police obtain information that is damaging to the person being charged with a crime. Should this not be handled the right way, the information could cause serious damage to a defendant’s case. It is possible a criminal attorney can have this information suppressed and not used against their client. At the very least, they can put the information into perspective so it can do as little damage as possible.
When a person is charged with a crime, a lot of paperwork will be involved. A criminal lawyer will know what paperwork is necessary to file in their client’s case. They will know how to properly prepare documents and correctly submit them to the court. All documents and their significance to a person’s case can be explained. A criminal attorney will make certain their client doesn’t sign anything that could harm their case.
Most people do not have a good understanding of how the criminal justice system works. This can cause confusion when it comes to dealing with it. People get frustrated if they don’t know where to go or who to speak with on certain issues. Being arrested and charged with a crime is an unsettling experience. Having an experienced criminal attorney to guide a person through the process is a huge help. This can decrease some of the stress associated with a very stressful situation.
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