The Arrest Process in New York

Written by Susan Chana Lask, Esq.      When you’re arrested, your first contact will be withrepparttar local police precinct. The person who arrests you isrepparttar 119271 “arresting officer.” The arrest process can legally take up to three days (72 hours) before you see a judge for arraignment. Throughout this process, you must remain silent about everything, except you can give basic information such as your name, residence, and other identifying information. But do not speak about anything else to anyone, evenrepparttar 119272 person who might be inrepparttar 119273 cell with you. Always remain silent until your attorney speaks with you because anything you say to nayone at this point can and will be used against you.      Atrepparttar 119274 precinct, a detective will interview you to get basic information (like your full name, present address and family member contact information) and possibly try to get information from you to use as evidence against you. Do not say anything except give your basic identification. The detective may ask you for contact information of your family or friends who can verify who you are and where you live. If you provide your home number or other numbers thenrepparttar 119275 arresting officer may call your family or friends to verify your information. He may even ask further information about you that may incriminate you later. You should be careful what numbers you give out and at least callrepparttar 119276 person who you may refer torepparttar 119277 police first and let them know just to verify who you are and nothing else. While you are atrepparttar 119278 precinct,repparttar 119279 police will definitely run a check on you to discover if you committed other crimes or if outstanding warrants exist for your arrest. This information is also needed forrepparttar 119280 arresting officer to fill outrepparttar 119281 paperwork to get you throughrepparttar 119282 arrest process and torepparttar 119283 arraignment court. The police will fingerprint you and take arrest photos. Thenrepparttar 119284 arresting officer will make a file for you fromrepparttar 119285 information he obtains from you, prints, photos and his notes. He will then faxrepparttar 119286 file torepparttar 119287 District Attorney’s office so they can draft a criminal complaint against you and assign your case file a docket number.     You’ll sit inrepparttar 119288 precinct jail cell an average of six hours until they can arrange transportation for you to another place called “Central Booking.” Whenever they transport you they will handcuff you, so be prepared to cooperate and go throughrepparttar 119289 motions.   At Central Booking      The Central Booking process can take about four hours. You’ll wait in line with hundreds of other arrested persons to get to an interview table. Atrepparttar 119290 interview table an intake person will ask you about any health problems you may have and more identifying information, including:

Pleas & Court Appearances in New York Criminal Courts

Written by Susan Chana Lask, Esq.

At arraignment,repparttar District Attorney may offer a plea to a lesser charge than what you were arrested for originally. Pleas are offered to unburden an extremely congested criminal court calendar, as well as to get rid of lesser criminal cases sorepparttar 119270 District Attorney can rightfully concentrate onrepparttar 119271 more serious crimes. If you were arrested for misdemeanor shoplifting and you arrive atrepparttar 119272 arraignment with no prior arrests, most likelyrepparttar 119273 District Attorney will offer yourepparttar 119274 option of pleading guilty to a lesser violation and a few days of community service with a fine. You haverepparttar 119275 option to endrepparttar 119276 process by acceptingrepparttar 119277 lower charge of a violation, which is not a crime but will appear on your record inrepparttar 119278 future. If you acceptrepparttar 119279 plea then you will actually plead guilty to a lesser offense onrepparttar 119280 record andrepparttar 119281 court will most likely impose a fine and community service or counseling, depending upon what you andrepparttar 119282 District Attorney agreed to. If you don’t acceptrepparttar 119283 plea, you will simply plead "not guilty" and continue your criminal court appearances. Your attorney will file various motions and hold hearings to discover what evidencerepparttar 119284 District Attorney has against you or to getrepparttar 119285 charges dismissed. An example of such a hearing would be called a "Huntley Hearing". In that hearing your attorney's objective is to get any incriminating statements you made suppressed, meaning they can not be used against you. The point of that hearing is thatrepparttar 119286 police obtained statements from you invlountarily. Atrepparttar 119287 hearing your attorney will cross-examinerepparttar 119288 police involved in your arrest by asking them detailed questions. If your attorney can prove your statements were coerced or obtained form you in some way involuntarily then you have just eliminiated a criucial piece of evidence against you, making your case of innocence stronger.      As you proceed further throughrepparttar 119289 criminal court process,repparttar 119290 plea to a lesser charge may or may not be offered again. Whether or not you accept a plea is something only you and your attorney can decide, based upon your circumstances. Just remember thatrepparttar 119291 plea will always be on your record as opposed to fightingrepparttar 119292 charges if you’re innocent and gettingrepparttar 119293 whole criminal case dismissed, clearing your name. Your Criminal Court Appearances      If you plead not guilty and are released “ROR” (meaning without bail and on your own recognizance) or on bail, you’ll be givenrepparttar 119294 next date to appear beforerepparttar 119295 court. At that timerepparttar 119296 court will set deadlines for your attorney to complete certain work on your behalf. The District Attorney has a limited period of time to complete his investigation and state onrepparttar 119297 record he is ready for trial. The time limits are mandatory to protect your constitutional right to a speedy trial. So you should be prepared to quickly prove your innocence. Being accused of a crime is a stigma, andrepparttar 119298 reality is that you are actually presumed guilty until you prove your innocence (contrary torepparttar 119299 belief that "you are presumed innocent until proven guilty").

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