Arraignment in New York Criminal Courts

Written by Susan Chana Lask, Esq. The “arraignment” process involves: - Being brought before a Judge inrepparttar courtroom - Receivingrepparttar 119273 “ criminal complaint” withrepparttar 119274 crimes charged andrepparttar 119275 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 whenrepparttar 119276 court officer brings you fromrepparttar 119277 cell inrepparttar 119278 back ofrepparttar 119279 courtroom and intorepparttar 119280 courtroom beforerepparttar 119281 Judge. If you were unable to contact your family, friends or an attorney when you were arrested then most likelyrepparttar 119282 court will have a Legal Aid attorney appear for you. Legal Aid attorneys are inrepparttar 119283 courtroom at all times to defendrepparttar 119284 poor, and most times to appear forrepparttar 119285 unrepresented. Usually there will be about three attorneys fromrepparttar 119286 District Attorney’s office inrepparttar 119287 courtroom. One of them will readrepparttar 119288 charges against you and requestrepparttar 119289 court to impose bail at a certain amount or no bail. If no bail is demanded byrepparttar 119290 District Attorney then you will hearrepparttar 119291 word "ROR", which means "return on your own recognizance". Bail is determined according torepparttar 119292 crime and your personal information. At arraignmentrepparttar 119293 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, ifrepparttar 119294 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 affectingrepparttar 119295 setting of bail against you, and all are considered byrepparttar 119296 judge in a matter of minutes. Ifrepparttar 119297 District Attorney requests bail, your attorney should argue that: - You’re not a flight risk

How to Talk to the Police if Your Suspected of a Crime

Written by Susan Chana Lask, Esq.

     If you’re suspected of a crime,repparttar police can come to your house or work or find you onrepparttar 119272 street to talk to you. Usually it will be a detective in plain clothes in an unmarked car who will want to talk to you. You might find a card fromrepparttar 119273 detective under your door, or a message on your phone from him asking you to call. You always haverepparttar 119274 right to remain silent, as anything you say to a police detective will be used against you in court. You also haverepparttar 119275 right to be represented by an attorney when talking withrepparttar 119276 police. Just because a detective comes around looking for you doesn’t mean you have to speak to him or see him atrepparttar 119277 police precinct. Ifrepparttar 119278 detective is at your door, you don’t have to open it for him unless he has a warrant. If a detective is knocking at your door, you don’t have to answer. You can wait until he leaves if you want and then of course call your attorney. Usually, a detective will hound you to come intorepparttar 119279 precinct headquarters to "talk". But once you set foot intorepparttar 119280 precinct,repparttar 119281 detective will have you at his mercy, where he can use different routines - such as "good cop/bad cop" - or violate your rights just enough to be "legal" to get you to talk. Maybe he’ll take your backpack from you or other property you came in with like your cell phone, then direct you to wait for him, leaving you alone in a room for what could feel like a lifetime. He may even ask you to write your version ofrepparttar 119282 story down and then use that against you later. The police are experts trained in gaining your trust and confidence. They know what to say and what tone to use with you. They will lie and misinform you to get information they want. They can tell you they have witnesses when they do not or say they will lowerrepparttar 119283 charges when they will not. The police most likely will not read you your rights because they want to create an informal, relaxed appearance so you will spillrepparttar 119284 beans voluntarily.

Good Cop, Bad Cop If you’re not talking then detectives may userepparttar 119285 "good cop/bad cop" routine. The first cop sits alone with you in a small room and talks aboutrepparttar 119286 "crime". If he’s not gettingrepparttar 119287 information he wants to hear to nail you, then you may find yourself standing atrepparttar 119288 fingerprint machine with another more sensitive cop. Once you’re atrepparttar 119289 fingerprint machine you can be sure you’re being charged despiterepparttar 119290 fact that no one explained anything to you, read you your rights or told you what you’re being charged with. Part ofrepparttar 119291 game is to keep you disoriented and guessing your situation. If you hearrepparttar 119292 new cop say "just tellrepparttar 119293 detective what he wants to hear and you’ll get out of here faster on a lesser charge” then you are being "played" and you definitely need to keep quiet. Don't say something just because you think it will get you out faster, because you're already in there and you're going to go throughrepparttar 119294 arrest process no matter what.  Whenrepparttar 119295 police tell yourepparttar 119296 consequences of a crime they intend to charge you with, or that they can lowerrepparttar 119297 charge, don’t believe anything they say. They can and will lie to you to get you to talk so they can make an arrest. The police are not your attorney, they are not your friends-- they are there to make an arrest.     The only way to protect yourself is to remain silent at all times. Enforce your right by consistently and politely stating "I am remaining silent until I have counsel." The police can not interrogate you once you invoke that right, although they will try to interrogate you. They also can’t interrogate you unless they first read you your rights.

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