Legal Question in Criminal Law in New York
16 year old arrested for felony
No prior. Possession with intent/cocaine- stash was on school grounds -he was taken into custody and bail was set at 5k/10k- he appears tomorrow. Can he be ROR'd tomorrow or will he be sent back to jail after the appearance to sit until trial. I am trying to determine if the judge can waive bail once he has appeared.
2 Answers from Attorneys
Re: 16 year old arrested for felony
An attorney can always make a bail application to reduce bail. It seems to me that you can not afford a private attornet,therefore your son's legal aid attorney is the one to ask about your son's case. Should you be able to afford a private attorney , feel free to contact my office, Iwould be happy to set up a consultation.
Re: 16 year old arrested for felony
In most cases bail is set at arraignments, as it was here, and there will be NO bail reduction unless there is a change in circumstances.
On a case like this it is EXTREMELY important that you seek ti hire an attorney... because of his age, and because of the fact it is a first offense it may be very possible to secure a very good result for him, and perhaps even ensure he does not come out of this with a criminal record.
Generally, like i said there will not be a bail reduction unless the facts of the case, or the situation, has changed to some degree... I have however been able to secure major bail lowerings on cases in the past.
I would suggest you contact an attorney ASAP and meet to further discuss the case. Depending on which Court you are appearing in, this makes a rather big difference, it may be advisable to continue in various diffrent ways.
Contact my office at 212.709.8303 if you would like a further consultation or email me for a free podcast on the criminal justice system... which explains the bail process, and everything else very clearly...
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