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Queens Arraignment Attorney – Arraignments in Queens

Queens Arraignment Lawyer

Queens Criminal Defense Lawyer

If you or a loved one has been arrested for a crime in Queens, you must be arraigned before a judge in order to be released. At the arraignment, the judge will decide if the defendant will be released on his own recognizance (without bail), set bail, or remand him ( no bail). The two most important factors that a judge in Queens will look at is the defendant’s criminal history, if he has ever failed to appear in court, and the nature of the charges he is faced with. In most cases someone charged with murder will be remanded and not receive any bail. In most low level cases, the judge will release the person without any bail set.

How much the judge will set is a complicated question. Generally in misdemeanor cases the bail will be between $500.00 and $3000.00. In felony cases, bail will usually start at $3000.00 and go up from their. It is important to have an attorney with you that understands how the Queens bail process works. Below is the Bail law that judges must follow when determining bail:

 

ยง 510.30 Application for recognizance or bail; rules of law and

criteria controlling determination.
1. Determinations of applications for recognizance or bail are not in

all cases discretionary but are subject to rules, prescribed in article

five hundred thirty and other provisions of law relating to specific

kinds of criminal actions and proceedings, providing (a) that in some

circumstances such an application must as a matter of law be granted,

(b) that in others it must as a matter of law be denied and the

principal committed to or retained in the custody of the sheriff, and

(c) that in others the granting or denial thereof is a matter of

judicial discretion.

2. To the extent that the issuance of an order of recognizance or

bail and the terms thereof are matters of discretion rather than of law,

an application is determined on the basis of the following factors and

criteria:

(a) With respect to any principal, the court must consider the kind

and degree of control or restriction that is necessary to secure his

court attendance when required. In determining that matter, the court

must, on the basis of available information, consider and take into

account:

(i) The principal’s character, reputation, habits and mental

condition;

(ii) His employment and financial resources; and

(iii) His family ties and the length of his residence if any in the

community; and

(iv) His criminal record if any; and

(v) His record of previous adjudication as a juvenile delinquent, as

retained pursuant to section 354.2 of the family court act, or, of

pending cases where fingerprints are retained pursuant to section 306.1

of such act, or a youthful offender, if any; and

(vi) His previous record if any in responding to court appearances

when required or with respect to flight to avoid criminal prosecution;

and

(vii) If he is a defendant, the weight of the evidence against him in

the pending criminal action and any other factor indicating probability

or improbability of conviction; or, in the case of an application for

bail or recognizance pending appeal, the merit or lack of merit of the

appeal; and

(viii) If he is a defendant, the sentence which may be or has been

imposed upon conviction.

(b) Where the principal is a defendant-appellant in a pending appeal

from a judgment of conviction, the court must also consider the

likelihood of ultimate reversal of the judgment. A determination that

the appeal is palpably without merit alone justifies, but does not

require, a denial of the application, regardless of any determination

made with respect to the factors specified in paragraph (a).

3. When bail or recognizance is ordered, the court shall inform the

principal, if he is a defendant charged with the commission of a felony,

that the release is conditional and that the court may revoke the order

of release and commit the principal to the custody of the sheriff in

accordance with the provisions of subdivision two of section 530.60 of

this chapter if he commits a subsequent felony while at liberty upon

such order.

If you or a loved one has been arrested, contact the Law Offices of Michael S. Discioarro, LLC at 917-519-8417 and let us get you home.