Legal Question in Criminal Law in New York

Re: Arraignment on felony charge

Do you have an attorney? The determination of bail, which will be requested by the Asst District Attorney, will be based on several factors including your past criminal history, your ties to the community, the facts of the arrest, etc. There is no way to determine what the judge will do, each judge is different.

Re: Arraignment on felony charge

The key question in your bail hearing tomorrow is whether you will return to court for all your scheduled appearances. If you've lived in one place for a relatively long period, have a job or business, have not missed prior scheduled appearances, you should be OK. It also depends on the seriousness of the charges and how much incarceration you are facing.

James Kats, Esq. www.lawjsk.com

Re: Arraignment on felony charge

As pointed out, bail is meant to "persuade" you to return to court for each and every appearance. Since you have been doing that since your release you have good chance that you will not be returned. Note however that as you are now indicted the prosecution will argue that there is a greater chance that you will not return because of that development. Though that is Hogwash, they will make that argument. Hopefully your attorney will argue the issue strongly on your behalf.

That you are in a Program will work in your favor. That you have priors works against you, but that you have no prior bench warrants is another positive.

Be sure to speak to your court appointed representitive before arraignment and get her take on the situtation. While every judge is different, most do not want to mess up a person trying to get sobriety and recovery. Hence a sponsor from the program and a good report from that program will go far in keeping you out of jail tomorrow and possibly for good.

If you should find that you want a private lawyer for a felony on Long Island, my office is availabe to you. You may contact me by following the links below.

Good Luck

Re: Arraignment on felony charge

The answer to your question depends on a number of issues. Some of these issues are covered in the statute concerning bail determination (length of time in jurisdiction, prior contact with criminal system, employment, warrant history, family contacts in jurisdiction, etc.). Other factors include, unfortunately, who your Judge is, who your prosecutor is and, sometimes, who your attorney is.

If you are able, contact an attorney in your area . . . preferably one who concentrates in the area of criminal law.

Good Luck.