Criminal Law

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The New York Criminal Court hears cases ranging from traffic infractions to misdemeanors to felonies. Being charged with a crime is a very unsettling experience. You likely have lots of questions and do not know how to proceed. It is important to speak with legal counsel as soon as possible after you have been charged to ensure that your rights are protected. Speak with a New York Criminal Lawyer from Stephen Bilkis & Associates, PLLC for guidance.

After you have been arrested, in most instances you will be taken to the local precinct for booking. This is unless you received a traffic ticket or desk appearance ticket. Many are under the mistaken impression that if they received a desk appearance ticket (DAT) and were released, the charge isn’t that serious. This is not the case and it is important to take the DAT seriously. Failure to appear for your arraignment at the date and time specified on the ticket could result in a bench warrant being issued for your arrest.

Booking will consist of being fingerprinted and photographed. You will be required to give your basic personal information such as your name and address. It is important to note that you are not required to answer any questions by police, and should not. Anything you say can be taken out of context and misconstrued, which could hurt your case later on. Once you are formally booked, you will be held in custody until your arraignment. Because of the quantity of cases that go through the New York criminal court system, arraignments are held 365 days a year.

At your arraignment you will have the opportunity to hear the charges against you. You will be required to enter a plea of guilty or not guilty at this time. It is very important to have a lawyer from our legal team accompany you to this hearing. The judge will determine whether bail should be set, or if you should be released on your own recognizance. To make this determination the judge will look at the circumstances of your particular case, the severity of the offense, and whether you pose a flight risk.

Once you are arraigned, your case will not go directly to trial. If you were charged with a misdemeanor or a traffic infraction and you plead not guilty, the case will be put on the court calendar for further proceedings. If bail was set and you are unable to pay, you will be held in custody until your next court date. If bail was not set, you will be released from custody and required to attend your next court appearance. After the arraignment these cases are assigned to courtrooms to be negotiated, perhaps resolved, or set for trial.

If you were charged with a felony, after the arraignment the judge will adjourn the case to Part F. The case will remain here for all proceedings prior to your indictment. The government is required to obtain an indictment against any defendant for a felony offense, and prosecute the case to its conclusion.

There no doubt that being charged with a criminal matter is unsettling. Contact our legal team for sounds advice and a free consultation. We have offices to serve you throughout the New York area including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have offices in both Suffolk County and Nassau County on Long Island, as well as Westchester County. Call us today for an appointment at 800.696.9529.