The Arrest Process in New YorkWritten by Susan Chana Lask, Esq.
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- Persons to contact - With whom you live - Where you work - Your salary - Your citizenship status - Where you were born This information will later be used by your arraignment judge to determine if bail is required and amount of bail you will pay. If you do not have any contacts in state or locally or you travel alot or are not a citizen of this country then you most likely will have to pay bail because you will be considered a “flight risk”. The best thing you can do is get an attorney to meet you at your arraignment. You can do this at Central Booking, where there are pay phones. Call an attorney, or call your family, friends or anyone else who can get you an attorney that day. That call will be short because there are hundreds of other people waiting to use phone. Just tell whomever you call: - The precinct you came from - Where you are now - The charges against you or what you believe you were arrested for - To get as much cash as possible - To bring proof of home ownershi, like a deed - To contact at least three bail bondsmen from phone book in area you were arrested in (in order to arrange for bail quickly) With your arrest location, precinct information and last name, a good attorney will be able to track you down using special contact numbers to District Attorney’s office and Central Booking (where your arrest number and docket number can be obtained). At some point you and a group of about 10 others from your cell will be brought upstairs. This means District Attorney finished paperwork and assigned a “docket number” to your file so you can be arraigned. If your attorney has been tracking you through system then he or she will know when to start traveling to arraignment court to appear for you so you do not have to wait longer.This article is certainly not all inclusive and is intended only as a brief explanation of legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters. Any questions and/or comments with respect to this topic or any other topic, please call or write: 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
| | Pleas & Court Appearances in New York Criminal CourtsWritten by Susan Chana Lask, Esq.
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If you miss a court appearance, a warrant for your arrest is issued Your Right To A Speedy Trial The time for you to get a speedy trial starts running from date criminal complaint is filed against you. A trial for a violation must be held within 30 days. A misdemeanor trial must occur within 90 days. A felony trial must take place within six months. The time periods for a speedy trial are “tolled” (stopped) because of certain motions made by your attorney or certain hearings. They are not tolled if District Attorney requests adjournments without your consent. They are also not tolled if District Attorney is not ready for certain appearance dates. This is called "excludable time" for purposes of determining when a trial must be held. Making A Record At each court date, there will be a stenographer typing every word of proceeding to make a record of it. Your attorney must make sure record is clear that you do not consent to an adjournment or that District Attorney was not ready. Being clear is important, because court is overwhelmed with hundreds of cases a day. Sometimes judge will not keep a good record or his notes on your file will be unreadable and judge later can’t recall what happened. To be clear and to protect your rights, state on record that "defendant does not consent to adjournment and time should be charged to People" or state that "The District Attorney is not ready and time should be charged to People." Make sure stenographer hears what you say because you may later have to order those records from stenographer to prove what happened at hearing. If stenographer did not hear you or your attorney then you will not have a record that will benefit you. Make sure you both speak loud and clear at each court date to protect your record.This article is certainly not all inclusive and is intended only as a brief explanation of legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters. Any questions and/or comments with respect to this topic or any other topic, please call or write: 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
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