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Wednesday, 08 December 2010 09:45

What to do if you've initially been charged with a felony.

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January 28, 2011 Affordable Bails New York and our Queens, Brooklyn and Manhattan brings you the interesting article about arraignment procedure in Queens, Brooklyn and New york counties.

If you've initially been charged with a felony, but haven't yet been indicted, you usually will be arrested and brought before an Arraignment Judge in District Court who will set bail on you and then schedule your case to Part 9 on a date in the not to distant future. The purpose of Part 9, which is actually a part of the District Court (yet its located in Mineola, while the rest fo the District Court is located nearby in Hempstead). The purpose of Part 9 is to screen out the "felonies" that aren't quite as important or heinous as most of them are. That means that the District Attorney has a few days to evaluate each case and see if they want to pursue it as a felony or send it back down to District Court as a Misdemeanor and let the District Court take care of it.

 You also have the right to what's known as a Felony Exam in order to confront the District Attorney's witnesses to see whether there's reason to believe a felony has been committed and whether the Judge has reason to hold onto the Defendant for the action of the Grand Jury or not. If the Judge does not believe that a felony was committed or there's reason to hold someone for the action of the Grand Jury, they can and will be released (although this doesn't happen all that often, it has been known to happen occasionally) until an Indictment takes place of the case simply goes away. You can also make a bail or bond application in Part 9, which, if there has been a change of circumstances, it may be granted. The rest of what goes on in Part 9 is attorneys negotiate their clients' cases with the ADA in the part and try to come to plea bargain that all parties agree upon. Or the case can get sent over to the County Court for a further conference. All this happens in Part 9 and many cases are disposed of in this screening part in Nassau County.

Written by: Theodore W. Robinson

Attorney licensed in New York

Last modified on Tuesday, 15 March 2011 18:28