What decision will the judge be making at the arraignment?
Generally, the Judge is quite limited in their scope at the arraignment. The District Attorney will make a request as to how much bail they believe will be appropriate in your case, or agree to have you released on your own recognizance (ROR).
Will my case potentially end at the arraignment?
With many minor charges there very well may be a disposition at the arraignment, the District Attorneys office may offer a violation or an ACD (adjournment in contemplation of dismissal) both of which are generally offers which the vast majority of Defendants avail themselves of.
What if i have been falsely arrested?
ANY plea to ANY charge, including the acceptance of an ACD will negate ANY claim if false arrest. However, if there does exist a claim for police brutality or excessive force, such claims will continue to be viable regardless of the outcome of the criminal case. If you seriously consider filing a suit against the Department as a result of your arrest, please be sure to discuss this fact with your attorney.
How will the decision as to bail be made?
In NYC all defendants are interviewed by the 'CJA' they will ask basic pedigree questions and base a recommendation for bail on the answer to those questions, a major plus or minus is whether this is the Defendants first arrest or if the have a history of showing up for Court when scheduled on previous cases.
If the Defendant has a history of not showing up when scheduled for previous cases then the likelihood is that bail will be set... and the purpose for this would be to ensure that the Defendant does appear for Court when scheduled.
Do i get my bail money back?
If posted with the Court bail will be returned, minus a very small fee of about 3%, once your case is over. IF however, bail is posted through a bail bonds person the fees are generally greater and a much smaller percentage of funds are returned, if any!
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