After You Have Been Arrested in New York

  • 292 views
Uploaded on

Most of arrested persons may have never envisioned themselves in the Criminal Justice System. Hence, they are not prepared for it. However, you should be aware of do’s and don’ts, your rights in …

Most of arrested persons may have never envisioned themselves in the Criminal Justice System. Hence, they are not prepared for it. However, you should be aware of do’s and don’ts, your rights in case...
For more details please contact Paul Petrus at 212.564.2440 and visit: http://www.petruslaw.com/

More in: Business
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
292
On Slideshare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
2
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. AFTER YOU HAVE BEEN ARRESTED IN NEW YORK www.petruslaw.com The Empire State Building 350 Fifth Avenue, Suite 3601 New York, NY 10118 Telephone: 212.385.1961 Email: paul@petruslaw.com
  • 2. Most of arrested persons may have never envisioned themselves inthe Criminal Justice System. Hence, they are not prepared for it.However, you should be aware of do’s and don’ts, your rights incase...WHEN YOU HAVE BEEN ARRESTEDIN NEW YORKDisclaimer: www.petruslaw.comThe tips in this presentation are general in nature. Please use your New York Criminal Defense Lawyerdiscretion while following them. The author does not guarantee legal Phone: 212.564.2440validity of the tips contained herein. paul@petruslaw.com
  • 3. When you have been arrested in New York Know the processThe police will take your photographand fingerprints.They will complete paperwork relatedto your arrest.The police may issue you a DeskAppearance Ticket (D.A.T.) www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com
  • 4. When you have been arrested in New York What is DAT?A desk appearance ticket (DAT) is anorder to appear in county court for anarraignment.You are deemed to be under arrestfrom an administrative standpoint.You report to arraignment on the dateshown on the DAT.DAT is discretion of the police. www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com
  • 5. When you have been arrested in New York DAT benefitsWith DAT issued, you avoid actualarrest, booking, and incarcerationbefore your arraignment.You are under arrest but not underdetention. www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com
  • 6. When you have been arrested in New York Is DAT your right?DAT is discretion of the police. You can’tclaim it as your right.If you are •properly identified, •have no outstanding warrants and •are not considered a threat to the community, the police may issue DAT.The police may not issue DAT in casesrelated to family members or serious innature. www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com
  • 7. When you have been arrested in New York You need arraignment if…If you are charged with a felony (acrime for which may receive a year ormore in jail), orarrested and not given a D.A.T. www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com
  • 8. When you have been arrested in New York The ArraignmentArraignment is a formal reading of acriminal complaint in the presence ofthe defendant to inform the defendantof the charges against him or her.In response to arraignment, theaccused is expected to enter a plea like"guilty", "not guilty", etc. www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com
  • 9. When you have been arrested in New York At the arraignmentYou are formally charged.The Court will decide that bail isrequired. If the Court does not set bail, you are released on your own recognizance. If the judge decides that you cannot be trusted to return to court without some encouragement, the judge may set bail. www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com
  • 10. When you have been arrested in New York Bail is discretionary, your past countsThe decisions to set bail and theamount of bail to set are discretionary,and depend on three factors: prior criminal history, the seriousness of the felony, and community ties of the accused. www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com
  • 11. When you have been arrested in New York Hire a defense attorneyThe chances of your being released willincrease if you appear at thearraignment. Knowing the process andhow to defend you in your case, a gooddefense attorney may help you inGetting released without bail, orA reduced bail amount www.petruslaw.com New York Criminal Defense Lawyer Phone: 212.564.2440 paul@petruslaw.com