New York Arrest
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If you have experienced the emotional shock of an arrest, you know how unsettling this process can be. Whether you were arrested unexpectedly, or it was due to a bench warrant, the experience is no less unpleasant. After you have been arrested, it is important to determine a legal course of action to ensure that your rights are protected. Remember that as far as the Criminal Court is concerned, you are innocent until proven guilty. If you have been arrested, contact a New York Arrest Lawyer from Stephen Bilkis & Associates, PLLC for advice and a free consultation.
Perhaps you are dealing with a state Criminal Court issue, for a DWI, assault, or small theft crime (petite larceny), or other misdemeanor. You may have been arrested for a felony sex crime (rape and child pornography, for example). If you were arrested for a White Collar Crime (bank fraud and/or Securities Fraud, for example), you may find yourself in Federal Court.
While being arrested is never a pleasant experience, being arrested due to police misconduct or mistake is even worse. These errors are often committed by police and law enforcement, who believe they have sufficient evidence to arrest you. In other instances, individuals are arrested with no justification.
False arrests can happen not only due misconduct or mistake. They can also happen when:
- You are held against your will by a security guard. For example, you have been accused of shopliftingf(White Collar Crimes) and store security illegally detains you.
- Or a person makes false accusations against you that cause you to be arrested.
- A bounty hunter illegally pursues and detains you.
When you are arrested, you will be hand cuffed and taken to the local precinct. There you will be asked to provide your identifying information such as name and address. You will be photographed and fingerprinted. Unless you were issued a desk appearance ticket, you will be held in custody until your arraignment hearing. Some people tend to think that a desk appearance ticket is not as serious as a formal arrest. This is not the case, and it is important to take it seriously. You are required to appear in court at the date and time specified on your ticket. Failure to do so will result in the judge issuing a bench warrant for your arrest.Arraignment Hearing
At your arraignment, you will be informed of the charges against you and as well as your legal rights. It is important to have your lawyer present during this hearing, as you will be required to enter your plea of guilty or not guilty. You will not however, have the opportunity to tell the judge your side of the story, or details about the case.
One of the most important aspects of your hearing will revolve around the issue of bail. Depending on the nature of the charges against you, the District Attorney will argue that you should not be released from custody, or recommend a very high bail amount. It will be the job of your lawyer to convince the judge that you should be released on your own recognizance and bail should not be ordered. The judge will look at the nature of the charges against you, and whether you pose a flight risk. He will also look at you ties to the community, whether you are actively employed, and whether you have family ties in the area.
If you have been arrested, contact our legal team for support. We will provide you with sound legal guidance and a free consultation. We have offices to serve you throughout New York, including locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have office on Nassau County and Suffolk County on Long Island, and Westchester County. Call us today to schedule your appointment at 1.800.NY.NY.LAW.