123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Arraignment In New York Criminal Courts

Profile Picture
By Author: Susan Chana Lask, Esq.
Total Articles: 6
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share


The arraignment process involves:

Being brought before a Judge in the courtroom
Receiving the criminal complaint with the crimes charged and the factual basis to each charge
The District Attorney requesting bail or releasing you on your own recognizance (called "ROR")
Pleading guilty or not guilty

The process starts when the court officer brings you from the cell in the back of the courtroom and into the courtroom before the Judge.
If you were unable to contact your family, friends or an attorney when you were arrested then most likely the court will have a Legal Aid attorney appear for you. Legal Aid attorneys are in the courtroom at all times to defend the poor, and most times to appear for the unrepresented.
Usually there will be about three attorneys from the District Attorney's office in the courtroom. One of them will read the charges against you and request the court to impose bail at a certain amount or no bail. If no bail is demanded by the District Attorney then you will hear the word "ROR", which means "return on your own recognizance".
Bail is determined ...
... according to the crime and your personal information. At arraignment the District Attorney will have your personal information obtained from their computer searches on you. They call this your rap sheet. It will include information about you, such as:

Any Prior convictions
Any arrests at anytime
Any pleas to prior arrests
Parole
Probation

If your rap sheet is clear of any crimes and this is your first arrest, chances are good that there will be no bail set against you. But even if your rap sheet is clear, if the crime you're charged with is serious (such as involving a large amount of stolen money or violence), bail can be set against you. There are different factors affecting the setting of bail against you, and all are considered by the judge in a matter of minutes.
If the District Attorney requests bail, your attorney should argue that:

You're not a flight risk
You have family, friends and a job in the state or locally
The charges against you are improper in some way.

Your attorney may even get the whole case dismissed if the District Attorney's criminal complaint against you is not properly drafted or signed by a proper party.
Getting The Complaint Dismissed At Arraignment
The District Attorney drafts the criminal complaint against you from information received from the arresting officer and the victim of the crime. While you're being processed through the Precinct and Central Booking, the arresting officer will fax his paperwork and information regarding your arrest and charges to the District Attorney's office. Someone in the District Attorney's office will then call the victim and get more information so they can properly draft the complaint.
The complaint needs to be signed under oath by the arresting officer or the victim. If it is not signed by anyone when you appear at your arraignment then it is not "corroborated" and must be dismissed. So check out who signed the complaint: if it was a person other than the arresting officer or the victim then the complaint should be dismissed.
Lastly, if the facts of the complaint do not establish each legal element of the crime charged, or the complaint is poorly drafted then it should be dismissed however, the court usually will give the District Attorney a few weeks to file a properly drafted complaint.
http://www.appellate-brief.com
Law Offices of Susan Chana Lask

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

©2004 Susan Chana Lask All Rights Reserved
Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title "High-Powered" New York attorney. She can be reached at www.appellate-brief.com.
sue@aol.com

Total Views: 311Word Count: 706See All articles From Author

Add Comment

Legal Articles

1. 11,000 Crore Reliance Shares In Iepf: How To Recover Them
Author: Expertvuw Management

2. New Zealand Study Visa From India In 2026: Everything You Need To Know Before You Apply
Author: Atul

3. Nc Loan Agreement
Author: Carl Glendon

4. Why Do You Need A Dui Lawyer Van Nuys After A Dui Arrest?
Author: Van Nuys Crime

5. Civil Advocate In Hyderabad – Renuka Law Firm
Author: Renuka

6. Why More Law Firms Are Outsourcing Paralegal Work — And What It Actually Changes
Author: Bernice Malvin

7. How Ai-native Practice Management Can Reduce Administrative Work For Law Firms
Author: George Zaletski

8. Personal Injury Lawyer Pa In Chamblee
Author: Personal Injury Lawyer PA in Chamblee

9. India-us Commercial Disputes: A Path To Resolution
Author: Andy

10. Nail Perk – Nail Inspiration & Trendy Ideas
Author: Nail Perk

11. Traffic Challan Online Delhi And Gurgaon Traffic Challan: Myths, Facts, And What Every Driver Should Know
Author: Writing Wall

12. Why Foreign Investors Choose Arbitration For Disputes In India
Author: Andy

13. Commercial Real Estate Attorney In New Jersey: When You Need One
Author: sekaslaw

14. Back-to-back Express Entry Draws: Canada Invites Candidates Under Pnp, Cec & Physicians Category
Author: Atul

15. Why Do You Need An Expungement Attorney Van Nuys To Clear Your Criminal Record?
Author: Van Nuys Crime

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: