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.

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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 discuss this option with Mr. Petrus before deciding whether to testify and let him help to prepare you for what will be one of the most important days of your life.

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• Bail
• Arraignment

The post Court Proceedings in NY appeared first on Petrus Law.

If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure.

Grand Jury Proceedings

You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process.

Other Proceedings and Conferences

You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.

When someone is arrested in New York, the law requires that the arrested person be brought before a judge for arraignment within 24 hours of arrest absent good cause. At the arraignment, the judge will decide whether to release the defendant while the case is pending, or to keep the defendant in jail until the case is resolved.

The judge can decide to release a defendant on his or her own recognizance – in other words, a defendant’s promise to return to court on the date set by the court. Alternatively, the judge could set an amount of bail to ensure the defendant’s return. The amount of bail set will depend on a combination of several different factors, including, among other things: the nature of the charges, a defendant’s prior criminal record, history of failing to appear in court, current address, employment, and ties to the community.

The post Trial Proceedings appeared first on Petrus Law.

This depends on a number of factors, including the effectiveness of your attorney in communicating to the court the reasons why you should be released without having to post any bail or with a low bail. Relevant factors include the seriousness of the charges against you, of the evidence against    you, and any prior criminal record you may have.

If bail is set, how can I get released?

You will be released as soon as bail has been paid and the facility at which you are held confirms that the bail has been posted. An experienced Manhattan criminal defense attorney will help you to put together the necessary assets to post bail, or to work with an honest and reasonable bail bondsman to post a bond.

What if the bail set by the judge at my arraignment is too high for me to make?

One of the most important things an experienced criminal defense attorney can do for you is attempt to convince a judge that the initial decision on bail was unfair or unjust and that a lower bail figure sometimes combined with other assurances such as surrender of passport, waiver of extradition, or   electronic monitoring are enough to secure your return to court when required.

Bail: The amount is first set at arraignment. If you or someone you care for is scheduled to appear at an arraignment, contact The Paul D. Petrus Jr. & Associates, P.C. & Associates before you go.

The post How to Secure Bail in New York appeared first on Petrus Law.

United States cash for the full amount Cashier’s/Tellers’ checks, in any amount not greater than the bail amount Bank money order, up to $1000 Federal Express money order, up to $1000 U.S. Postal money order, up to $1000 Travelers Express Company money order, up to $1000 Western Union money order, up to $1000 Check issued by the city Finance Administrator for a bail refund. (There is no $1000 maximum but the check must not exceed the amount of the new bail.) Veterans Administration Check up to $1000 U.S. Government checks, up to $1,000 Cash in combination with any of the above for the total amount of the bail

NOTE: The $1000 limits noted above apply to an individual instrument only. They are not meant to prohibit multiple instruments. For example, the City will accept FIVE bank money orders for $1000 each in payment for a $5000 bail. The total of the checks, however, must not exceed the amount of the bail.

Mr. Petrus has experience in obtaining low bail costs for his clients, and Mr. Petrus makes the record. Do not leave the cost of your loved one’s freedom to chance – It could cost you a lot. Literally.

Resource links:
http://www.new-york-arraignments.com/bail.htm#cashbail

The post In what ways can bail be paid? appeared first on Petrus Law.

There are a number of methods for determining bail, all of which are decided by the court. One of these methods is a bail bond, in which case a professional bondholder, the accused, or family and friends of the accused can sign. Signing the bond creates a promise that the accused will return to court on the date of their scheduled proceeding. If the defendant fails to reappear in court, the individual who signed the bond is responsible to pay the court back its bail fee. Bail amounts are set depending on the severity of the charges involved in the case.

Obtaining bail depends solely on the decision made by the court. In reaching its decision, the court evaluates the circumstances of the particular situation, and rules based upon whether or not there is existence of doubt that the defendant will reappear for the scheduled date.

The post How to Obtain Bail in New York appeared first on Petrus Law.

First and foremost, it is extremely important to remain calm, and cooperative with law enforcement. It is also important to remain silent, as any statements can be used against the accused in court. It is also important to try to remember any badge or car numbers of police officers involved in the situation.

In the event that an arrest is inevitable, it is then essential to be sure that the proper representation is present in the individual’s defense. This includes contacting or obtaining an attorney and remaining silent until they arrive, making sure they are present for any questioning or testing, and allowing them to deal with police and prosecutors on one’s behalf. In this situation, it is also important to try to obtain witnesses and their contact information. In the event that the individual is injured, it is important to take immediate photographs, and obtain medical attention.

There are also many actions that can negatively affect the outcome of an individual’s case. In order to ensure the protection of one’s rights, there are a number of actions that the accused should remember to avoid:

A negative impression with the police is important to avoid. For example, the accused should not discuss the incident with police, they should not mouth off to the police or upset them in any way, and most importantly, the individual should not attempt running from the police, as it is most likely they will be caught, and have a negative outcome on their appearance in court. It is also important to not give the police permission to search anything, or enter a home without a warrant.

Other important things for the accused to remember include not saying anything about the situation to anyone accept a lawyer, and do not resist arrest, as this can lead to additional charges being mad against the individual.

The post Dos and Don’ts Before and After an Arrest appeared first on Petrus Law.

During the process of arraignment, the Prosecutor will begin by providing a complaint, or stating charges. At this time, the accused may state their plea (guilty or not guilty). This is an important step in the initial court process, as once an individual pleads guilty; the decision is binding and cannot be changed.

The next stage of the first court appearance is appointment of bail. At this point in time, one of two things will take place. Either a bail amount will be set, or the accused will be released on personal recognizance, meaning that they are released without paying bail, but promise to make their next court appearance. At this point, the individual’s attorney will provide the court with reasons why the accused can be released at the given time. This information may include such evidence as how long this person has lived in a given place, or where they go to work or school.

From there, the accused will move onto a stage called appointment of counsel. If the individual can provide paperwork stating proof that they are low income, they may be entitled to free legal representation. This may also include hiring an attorney.

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Click here to read more about ‘bail’ and how to obtain low bail costs.

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