Why You Should Hire An Attorney For Your Arraignment
The first appearance before the court is called an arraignment. At the arraignment, the judge can impose bail. Bail is the amount of security (cash or bond) a court requires a defendant to post prior to that person being released from custody. The purpose of bail in New York state courts is to ensure that a defendant returns for all his or her future court appearances.
At the arraignment, the District Attorney will usually request bail, and it is the job of your criminal defense attorney to ask the judge and argue for no bail or a reduced bail based on various circumstances.
A judge will consider many factors when determining bail, such as the likelihood a defendant will commit another crime if released, his or her prior criminal record and potential danger to the community, and most importantly whether or not the defendant will return to the next court appearance. Having retained an attorney, rather than appearing with assigned counsel, may also demonstrate to the judge that you’re taking your case seriously and are more likely to return to court.
Being released from custody after your arraignment, either on bail or on your own recognizance, is important and may have a dramatic effect on the outcome of the criminal matter. A defendant who is at liberty can more meaningfully assist his or her attorney in the defense of the criminal case.
If bail is set, it is up to a defendant’s friends or family members to post bail. The bail itself is some type of security that has a monetary value – either cash or bond. If a bond is posted, there must be collateral to secure the bond, often something like a house. The attorneys of Pappalardo & Pappalardo, LLP can arrange to have a licensed bail bondsman at arraignment.
Bail Reduction After Arraignment
If you have already been arraigned and bail has been set, in New York state courts it is possible to later have a bail reduction hearing. The legal standard the court uses in determining whether a reduction in bail is warranted is whether or not there has been a change in circumstances. This means that after the initial arraignment, some new information has come to light or a “change in circumstance” has occurred.
If that happens, your criminal defense attorney can make an application to the court to have a bail hearing. At the hearing, your criminal defense attorney presents the new information to the court, and usually the District Attorney argues against the motion. The court evaluates the arguments by both sides and, if the judge agrees with your criminal defense attorney, may find that there is a “change in circumstances” so that the court will lower, reduce, or eliminate the bail.