While some of the criminal defendant to see clouds over their heads, long before the arrest, the majority of people caught in the criminal justice system had no idea that they would be accused in a criminal case. In New York, the first criminal arrested after meeting the posting is an indictment. In this article I will to what is New York City indictment touch and what to expect before, during and after.
WHAT IS ACharge?
An indictment is the first appearance of the accused in court, where he is from allegations brought against him, inform, advise the right to counsel and a copy of the accusatory document made available. The law requires that charges must be tried without undue delay after the arrest of the accused, which is within 24 hours will be implemented. In New York City, it is not uncommon to see the defendant to spend more than 24 hours in jail before the arrival of the judges. DuringThis time, it is often impossible to get in contact with the detained person and family who do not want to see him or her to the court.
In most cases never reach trial and prosecution can the most important part of criminal proceedings against him, although it may take a few minutes. The result of an indictment is the release of the defendant, setting bail, or keeping the defendant in jail pending further appearances. The indictment, the judge has sole authority to decide whichmatter of bail.
NEW YORK ARRAIGNMENT IN SUPERIOR COURT
Most NYC arrests are processed in local (as opposed to Superior) criminal courts. There are only two ways to prosecute an offense in a superior court: by an indictment filed with the court by a grand jury and a superior court information filed with the court by a district attorney. The defendant must be arraigned right after the district attorney files an indictment with a superior court.
At an arraignment, the Court is the defendant of the charges against him. The defendant has the right to be represented by Counsel at the trial and at each subsequent stage of the action. If the defendant is not represented by a lawyer at trial, he has afforded the right to the hearing advice, the right to adjourn to communicate by telephone to obtain advice and information to a relative or friend, he has been accused of a crime, and the right to a lawyer assigned by the court if theDefendant is not financially able to take a lawyer.
If the defendant wants to proceed without an attorney, the court will do so by the defendant, so if it is satisfied that the defendant understands the significance of this decision. If the court is not convinced it can not go further until the defendant is provided with a lawyer, one of the accused's own choice or by assignment. One defendant, pro se at trial not on his or her right to counsel, and the yields ofCourt must advise the defendant that he or she may exercise this right at every stage of the action.
WHY IS IT IMPORTANT FOR A PRIVATE, lawyer for the prosecution EVENTS
'Show yourself from your own attorney during a trial will achieve many benefits.
First, it is not unlikely in New York City, that the defendant police officers wrong information to understand the nature of the charges against them. The defendants are then surprised to learn of the accusation that they are charged much moreserious crimes. Depending on certain charges may, defendants certain procedural rights decisions that would undermine the whole case, and if done wrong, it may in future prove to be disastrous. For example, in some cases, a rejection of the waiver of certain characters will automatically be the defendant the opportunity to plea bargain and could result in a much harsher punishment to be denied. An experienced criminal defense lawyer has a better chance to consult on the charges and the defendant, which is the bestCourse of action.
Second, many defendants are provided by the police during the detention in question and feel "obliged" to answer questions related to extremely harmful results. The fewer questions will be answered without the presence of a lawyer, the better it is for the defendant. The key is to employ a lawyer early enough to the police of the defendant in question if possible to stop to keep. This could make the best protection for a customer, because officers may receive potentially harmful information andEvidence from the arrested persons before the indictment.
Third, keep throwing the presence of a private lawyer for the "status" of the accused to trial. This may indicate that the defendant is a responsible person who cares about his case and himself enough to be given a lawyer. It also shows that the defendant may have family or community roots (if the lawyer is from family or friends who are also present) remain in the courtroom. In general, the maintenance of an advice isa sense of security to worry about lost relatives, who are absolute in the criminal trial jungle and often can not obtain even basic information about their loved one be the case. A lawyer will personally monitor the case and explain the process to the relatives as a source of information in. Is Coming
Defendants who are not represented by private attorneys, provided by a public defender, usually for one of the legal aid groups. These lawyers are knowledgeableand capable, but they are usually very busy as everyone is dealing with dozens of cases every day, sometimes in different courtrooms. Because of her busy schedule, they are not in a position to a specific case as much attention as a private lawyer would. In virtually all cases, court staff attorneys defendant files will literally just before the indictment itself. However, if the defendant has not been processed through the court system, the case is not associated with anLawyer and relatives received no information as their relatives, until the case his way through the system, it takes a long strenuous hours.
BAIL SET IN NEW YORK charges
If the judges decide whether to set bail in a particular case, it is for many different factors, including the seriousness of the charges, prior criminal history, prior warrants, commitment to the community, etc. "Ties to the Community" is a broad term . Each connection, or factor that mayReduce the risk or the flight would mean that the defendant is not a public threat is to be avoided, either very helpful or deposit with a reduced set bail. Among the factors to determine whether a person has sufficient ties to the community, the following considerations:
• family in the community (with family and friends in the courtroom is a very good performance)
• Citizenship
• Home Ownership
• Employment history and status
It is impossible to predict withSecurity, the amount of deposit in a particular case. However, there are many factors that should be considered, and some very general estimates could be created. While in many cases the defendant on his own commitment (ROR) is released to help and in some cases, the bail will be set. The amount of the deposit depends on the severity of the crime and the defendant's prior criminal record. Special Judges also have their own preferences when setting bail.
If you or your loved ones arrested in NewYork, please call our New York criminal defense attorney for a free phone consultation.
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