The process after you get arrested typically follows a specific sequence of events, which can vary somewhat depending on the nature of your arrest. Here’s a general outline of what you can expect:
This is the initial step where law enforcement takes you into custody. You will be informed of your rights, including the right to an attorney.
After your arrest, you will be taken to the police station or a detention facility. The booking process involves recording your personal information, taking fingerprints and photographs, and creating an official record of your arrest.
This is your initial court appearance. You will be informed of the charges against you.
The Prosecutor will be heard as to whether or not bail should be set for the charges presented against you. The judge will consider factors like the nature of the crime, your ties to the community, and whether you pose a flight risk when determining bail. If bail is set, there are a variety of ways to post bail. Supervised release is another method to ensure a defendant’s return to court, where one can receive supported services within their community without pretrial detention.
This phase involves gathering evidence, conducting investigations, and negotiating potential plea bargains. Defense will work with the Prosecution to reach an agreement or prepare for trial.
If no plea agreement is reached, a trial will take place. Both the Prosecution and Defense present their cases through evidence and/or witnesses, and a judge or jury determines your guilt or innocence.
If you are found guilty or plead guilty, a separate sentencing hearing will be held. The judge will determine the appropriate punishment, which may include fines, probation, community service, or imprisonment.
If you are convicted and believe there was a legal error in your case on the trial level, you can appeal the decision to a higher court.
Some of the general practice areas are:
- Assault
- Order of Protection
- Domestic Violence
- Civil Rights
- False Arrest
- Illegal Search & Seizures
- Criminal Possession of a Firearm
- Forgery
- Computer & Internet Fraud
- Controlled Substance Crimes
- DWI/DUI
- Asset Forfeiture & Seizure
- Identity Theft
- Theft & Larceny Crimes
- White Collar Crimes
- Embezzlement
- Landlord Ousting and Retaliation
- Robbery
It is essential to consult with an attorney as early as possible in the process of being charged with a criminal offense to ensure your rights are protected and to receive counsel on the best course of action. The SL Nelson Law Firm PLLC is familiar with the local laws and procedures of New York State and can seamlessly assist you with your criminal matters.