ARREST AND ARRAIGNMENT
When a loved one is arrested, the immediate aftermath can be a trying experience. Communication with central booking in whichever county the individual was arrested will be key to determining when that person may be released and what bail might be set. The first hearing — called an arraignment — will take place once the formal charges are determined. In New York City’s five boroughs, criminal court arraignments are held day and night, seven days a week, 365 days a year, from 8:00 AM to 1:00 AM. Mr. Roitshtein is on-call and will attend arraignment.
Typically, at the arraignment, the primary issue will be whether or not the Court will set bail or release the individual on his or her “own recognizance” (without requiring any bail). If the judge decides that the accused cannot be trusted to return to court without some encouragement, the judge may set bail. The decisions to set bail and the amount of bail to set are discretionary, and depend on three factors: 1) prior criminal history, 2) the seriousness of the alleged conduct, and 3) community ties of the accused. Mr. Roitshtein will review the case with your loved one before arraignment (in lock-up) before presenting the judge with a thorough case for release.
After arraignment Mr. Roitshtein will reach out to the district attorney that handles the case to try and negotiate a reasonable settlement. Depending on the circumstances of your case, settlements may range from full dismissal of the charges to pleading guilty to a lesser offense. Serious cases can involve incarceration. Where settlement is not a reasonable alternative, trial may be the only option.
If you or someone you know has been arrested, you can also find helpful phone numbers and other resources here.