If you were recently arrested, whether in Westchester, New York City, or another New York County, or if you are aware that you are under criminal investigation, you need the services of a qualified local New York Criminal Defense Attorney. The criminal justice system is complex and may confuse and frighten you, especially if you have never been arrested or questioned before.
Information for Individuals Newly Arrested or Asked to Speak with the Police
First and foremost, a person who has been arrested or has been asked to speak with the police needs to immediately retain the services of a qualified New York criminal defense attorney. Remember that your arrest is evidence of nothing and your arrest is not a conviction. If you are being asked to speak with the police, call an attorney first. Any statements that you give to the police may, subject to constitutional standards, be used against you in a criminal proceeding. Therefore, it is imperative that a qualified New York criminal defense attorney consult with you prior to speaking with the police.
Bail Status After Arrest
Following your arrest, and depending upon where you were arrested, you may either be:
a. given a Desk Appearance Ticket (DAT) and released on your own recognizance (ROR’d) or post bail and be released by law enforcement, or
b. held in custody until your arraignment.
If you have been given a desk appearance ticket, there will be a specific date and time for you to appear in Court. It is imperative that you present yourself in Court on that date and on time to avoid a bench warrant being issued for your arrest. If you have a loved one who is in custody, please be aware that a criminal defense attorney may visit with a person in custody prior to the arraignment.
Arraignments
Arraignment Overview
The arraignment allows the accused to be informed of the charges facing him. The charges may be read in open court but, more often a criminal defense attorney will receive a written copy of the accusatory instrument and “waive reading” of the charges. The simple consequence to waiving a reading is that the actual charges are not read aloud. The prosecutor is given an opportunity to serve the accused with various notices, often regarding evidence in the case. Finally, a bail application is made. No witnesses are called at an arraignment and a Judge does not hear testimony regarding the case.
The Arraignment Process
1. The case is called by a Court Officer or the Judge and the accused is presented to the Court, whether by the Court Officers if the accused is in custody or voluntarily if the accused has posted desk bail, been given a Desk Appearance Ticket, or Released on his own Recognizance (ROR).
2. The accusatory instrument is presented to the defense attorney and the defense attorney is asked to acknowledge receipt and waive a reading of the charges. Typically, a formal reading of the accused’s charges and rights are waived.
3. At this point, the prosecutor will serve the accused with Notices, if any, and a Temporary Order of Protection which requires the Judge’s signature and the accused’s acknowledgment of receipt.
4. The defense attorney is then given an opportunity to make a bail application.
5. Once bail has been determined, and if the case cannot be resolved at arraignment, an adjournment date is picked and the arraignment is concluded. On some occasions, the prosecutor will convey an offer of disposition at the arraignment and the matter may be concluded.
Information for Individuals Newly Arrested or Asked to Speak with the Police
First and foremost, a person who has been arrested or has been asked to speak with the police needs to immediately retain the services of a qualified New York criminal defense attorney. Remember that your arrest is evidence of nothing and your arrest is not a conviction. If you are being asked to speak with the police, call an attorney first. Any statements that you give to the police may, subject to constitutional standards, be used against you in a criminal proceeding. Therefore, it is imperative that a qualified New York criminal defense attorney consult with you prior to speaking with the police.
Bail Status After Arrest
Following your arrest, and depending upon where you were arrested, you may either be:
a. given a Desk Appearance Ticket (DAT) and released on your own recognizance (ROR’d) or post bail and be released by law enforcement, or
b. held in custody until your arraignment.
If you have been given a desk appearance ticket, there will be a specific date and time for you to appear in Court. It is imperative that you present yourself in Court on that date and on time to avoid a bench warrant being issued for your arrest. If you have a loved one who is in custody, please be aware that a criminal defense attorney may visit with a person in custody prior to the arraignment.
Arraignments
Arraignment Overview
The arraignment allows the accused to be informed of the charges facing him. The charges may be read in open court but, more often a criminal defense attorney will receive a written copy of the accusatory instrument and “waive reading” of the charges. The simple consequence to waiving a reading is that the actual charges are not read aloud. The prosecutor is given an opportunity to serve the accused with various notices, often regarding evidence in the case. Finally, a bail application is made. No witnesses are called at an arraignment and a Judge does not hear testimony regarding the case.
The Arraignment Process
1. The case is called by a Court Officer or the Judge and the accused is presented to the Court, whether by the Court Officers if the accused is in custody or voluntarily if the accused has posted desk bail, been given a Desk Appearance Ticket, or Released on his own Recognizance (ROR).
2. The accusatory instrument is presented to the defense attorney and the defense attorney is asked to acknowledge receipt and waive a reading of the charges. Typically, a formal reading of the accused’s charges and rights are waived.
3. At this point, the prosecutor will serve the accused with Notices, if any, and a Temporary Order of Protection which requires the Judge’s signature and the accused’s acknowledgment of receipt.
4. The defense attorney is then given an opportunity to make a bail application.
5. Once bail has been determined, and if the case cannot be resolved at arraignment, an adjournment date is picked and the arraignment is concluded. On some occasions, the prosecutor will convey an offer of disposition at the arraignment and the matter may be concluded.
To Contact Our Office
Right Now:
(800) 430-1046 (24 hours)
Law Offices of
John P. Pettinella & Associates
800 Westchester Ave, Suite 608
Rye Brook, NY 10573
(914) 713-0505
Flexible payment arrangements available. For our clients' convenience, all major credit cards are accepted.
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