Available 24/7 (or click here if they’ve already been arraigned and have a court date coming up.)
I Get the Facts from You
I’ll start by asking you what you know. For example, do you when the incident happened or what the charges are? Perhaps you’ve been told when the next court date is scheduled. Any information you have will be helpful.
I Make Sure They Stop Talking to the Police!
When someone has been arrested, the police usually try to get a statement out of them as quickly as possible.
They pressure them, tell them it’s for the best, and so on.
It never is – at least, it’s not for the person who’s been arrested.
So once you’ve hired me, the first thing I’ll do is contact the precinct where your friend or relative is being held while awaiting arraignment (the arraignment is the initial court case to discuss the conditions of bail), and I’ll put a stop to any type of questioning or interrogation.
There, I’ll speak to an arresting detective or desk sergeant to let them know that my client is represented by counsel and that no further questions should be asked.
I’ll Gather Additional Information
Next I’ll find out the charges from the detective, and I’ll also try to speak to my new client to explain that their family/friend hired me and inform them of the procedure.
For example, when they’re likely to go to court for the arraignment and what’s going to happen next.
Then it’s back on the phone with you to chat through everything I know and tell you what the next steps will be.
I Attend the Arraignment (the Initial Court Case) with Them
A number of topics are discussed during the arraignment, but the main purpose is to decide the custody status of my client. A determination will be made as to whether the client will be released on their own recognizance or if the judge will set bail to insure they return to court.
When I make my argument to the judge to ask for my client to be released or for low bail to be set,
I will discuss the fact that he has strong family/business ties and are therefore unlikely to willfully ignore the court’s order that he appear on each court date.
Or I might point out that he hasn’t been arrested before, or that the case is a weak one, or that the financial or physical harm wasn’t as great as the prosecutors are making out. Anything that supports our position, I’ll use it.
The judge will decide whether to release the client to you his own recognizance, hold him with no bail, or set a cash bail and a bond alternative. If the judge sets bail, I’ll walk you through the procedure of getting it paid, either through the court or through a bail bondsman.
It is possible that when a judge agrees to release your friend or loved one, she will do so only if you meet certain conditions. One condition might be that he is sent for “evaluation” – e.g. for substances, anger management, or mental health issues. Most courts have an agency that will do the evaluation, but I send all my clients to my own people.
The court might also want to issue an “order of protection” that will keep him away from the person making the complaint. This can have serious implications – e.g. some people can’t go back to their homes or see their kids – so I’ll do whatever I can to convince the court not to issue it if I think it’s unreasonable.
I’ll always try my best to make sure the arraignment takes place as soon as possible after surrender, so that they spend as little time as possible in custody.
I’ll keep you updated on everything throughout this process, and I’ll always be honest about how I think events are likely to pan out.
Next Steps
Now that the arraignment is over, the next step will be for my client and his family to come into the office so that I can explain how the next stage of the process works – and how I can help defend them.
I’ll keep them fully informed of everything, and I’ll be upfront about all the potential outcomes we could end up with.
To learn more about the procedure and strategy for the defense case, [click here].
If They Have A Pending Criminal Case…
So the arraignment is over, and your loved one is either in jail or out on bail with a court date coming up soon. You’re feeling worried, overwhelmed and scared about their future – and you want to make sure they have the best possible defense in court.
Here’s what will happen after you contact me:
I Find Out What’s Happened
I’ll contact the detective, get their perspective on everything, then help you prepare for the next steps.
I Explain the Process and Possible Resolutions
At this point I’ll be able to give you a brief assessment of the situation, as well as my thoughts on how I can help.
If your friend/relative hasn’t made bail, we’ll discuss the possibility of working with a bail bondsman to get them out of jail – or possibly making a bail application and asking the judge to reduce the bail.
I’ll then go through the likely path the case may take, and what our next steps will be.
I’ll also talk to the prosecutor (also called the district attorney, or DA) to get their perspective and thoughts.
My aim will be to resolve the case in a way that causes your family as little distress and time as possible.
You Hire Me
If you’re confident in my ability to help your friend or loved one, you’ll then “retain” me on their behalf.
“Retaining” essentially means paying a fee to secure my services in representing them – at which point they become my client.
It’s a flat fee, and the precise amount depends on the nature of the case.
I Prepare Our Case
My actions here will depend on many different factors – such as the seriousness of the charge, the strength of the prosecution’s case, the prior record of my client, and if there’s any information we can provide them with about their general character.
Based on those factors, we might, for example, aim for a plea offer (where my client agrees to plead guilty to a lesser, possibly non-criminal charge and thus avoid further litigation), or we might decide to go to trial (if, say, I think they have a good chance of being found not guilty).
I’ll keep them fully informed of everything, and I’ll be upfront about all the potential outcomes we could end up with.
This process is tough on your friend/relative, but I also know how hard it is for you and your family.
Rest assured that I’m always just a phone call away from any answers or advice you may need.
516-252-3298
Free Consultation
