Initial Considerations in a Criminal Case
If you find yourself charged with a felony in New York there are a lot questions you are going to have about the process. In this blog post I want to cover with you your initial arraignment and the time frame that you are looking at on this charge. As a Binghamton Criminal Lawyer I can tell you that one of the most frightening things for a client to do is to walk into court for the first time. The first thing that one of the attorneys here at Jackson Bergman, LLP would do is call the District Attorney's Office to see if they would consent to you being released in your own recognizance. If we could get them to agree to this then no bail would need to be posted by you. Bail considerations in New York are governed by the New York Criminal Procedure Law Section http://codes.lp.findlaw.com/nycode/CPL/THREE/P/510/510.30
The Judge will consider a number of factors in determining if you are a flight risk. He/She will consider things such as your criminal history, your connections to the community, work experience and any addiction issues. If you are charged with a low level felony it is more likely that the Judge would release you "ROR". If you are charged with a C or above it is likely that the Judge would remand you to the county jail or set some bail.
If you are remanded (the Judge does not set bail) to the county jail one of the criminal law lawyers at Jackson Bergman, LLP would schedule a conference with one of the county court judges to discuss your custody status. At this conference we can highlight the points that are in your favor for release. We can usually set this conference up with the county court within 24 hours.
Your first appearance in the local court will include us entering a "not guilty plea" on your behalf. When you are charged with a felony a local court (town, city and village) court cannot accept a plea other then not guilty to a felony. This first appearance in court should be relatively quick and painless.
From the time you are arraigned in the local court the District Attorney's Office generally has six months in order to get your case resolved (indicted, dismissed or a plea entered). The timing considerations in a felony case are complicated and will be the subject of a blog post in the future.
This entry was authored by Thomas D. Jackson Jr, Esq., a partner at the law firm of Jackson Bergman, LLP, 477 State Street, Binghamton, New York. Jackson Bergman, LLP, represents people who are charged with Crimes and Driving While Intoxicated. Jackson Bergman, LLP, is an experienced, aggressive and talented group of lawyers, has represented people in the following counties in the State of New York: Broome; Chenango; Cortland; Chemung; Delaware; Tioga; and Tompkins. The law firm of Jackson Bergman, LLP, provides free face-to-face initial consultations.
