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If you are arrested and taken into custody, the issue of setting bail will be addressed at your Arraignment. This is of course unless you are released on your “own recognizance,” in which case no bail will be posted and you will be released. A bail reduction would be called for if for some reason, there has been a change in circumstances.The purpose of bail is that the court wants to ensure that you will return to court after your Arraignment for further court proceedings. Failure to return will not only result in a forfeiture of your bail, but also a Bench Warrant for your Arrest. The crime for which bail will be posted varies greatly, a Misdemeanor, DWI, Sex Crime or Drug Possession charges could all result in the judge posted bail. Perhaps you are dealing with a White Collar Crime, such as Mail Fraud, Securities Fraud or Bank Fraud. If you have received a Desk Appearance Ticket, your process will be slightly different since you were not taken into custody at the time of your Arrest, however it is still vitally important that you attend your Arraignment hearing.

It is important to be aware that the Criminal Court judge has a substantial degree of discretion in whether he/sets bail and how much. This is why it is so very important to be accompanied by a New York Criminal Lawyer at your Arraignment. The judge will be looking at aspects of your case, such as the crime you are accused of, and the dangerous or violent nature of the offense. The judge will also determine if you are considered a “flight risk,” if you are likely to return to court for your proceedings in the future or not. In order to determine this, the judge will take things into consideration such as your prior criminal record, whether you are employed, and for how long, as well if you own your own home, and if you have a substantial presence of friends and family in the area. It will be the job of your Long Island Criminal Lawyer to convince the judge to either release you without any bail being posted (“OR”) or setting the smallest amount feasible under the circumstances. Once bail is posted it will be up to your friends and family to post bail for you. Most commonly, a Bail Bondsman will be used.

If something has occurred regarding your case, your New York Bail Reduction Lawyer will make an application to court and present the new circumstances or facts to the court, in an effort to get your bail reduced. If the court finds that there has in fact been a substantial change in circumstances, the judge may reduce or even eliminate your bail.

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If you have recently experienced an arrest or received a Desk Appearance Ticket (DAT) for an Assault, you may be wondering where you stand legally. Assault is generally defined as someone causing intentional physical injury to someone else. Assault can range in severity, depending on how badly the victim was injured, and what type of weapon was used in the confrontation. An Assault is classified by degree, some of which are considered a misdemeanor, and some are considered a felony. An assault accusation may also be part of another offense, such as the case with a Sex Crime, Domestic Violence, or included as part of a Drug Crime or Petite Larceny violation. If you have been accused of Assault and perhaps are awaiting your Arraignment for these charges, it is wise to consult with a New York Assault Lawyer to determine where you stand legally, and formulate a plan to best handle your situation. It is important to note that if you have received a Desk Appearance Ticket as a result of an Assault charge, you must attend your Arraignment or a Bench Warrant can be issued for your arrest.

In New York Criminal Court Assault is categorized by degrees. Assault in the 1st degree is the most serious, and is considered to be as severe as an attempted murder charge (and is a felony). Assault in the 2nd degree is considered a felony as well. Your New York Criminal Lawyer can explain to you that a felony is punishable by one year or more in prison, while a misdemeanor is punishable by anything less than a year in jail. Assault in the 3d degree is considered a misdemeanor, and requires that there was intent to cause bodily injury to another person, and an injury did occur.

If you have been charged with any of the above degrees of Assault, it will be up to the New York District Attorney to prove that the crime was committed. As Assault charge can be serious, it is important that you avail yourself of a Manhattan Criminal Lawyer who can help plan a solid defense for you.

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In New York, Arson is considered a serious offense. This is partially due to the unpredictable nature of the crime, which can cause substantial damage to property and physical injury. In New York, there are five degrees of Arson.

Arson is generally defined as willfully and maliciously setting fire to property or a structure without the consent of the owner. The degrees of arson are categorized by what type of property was set on fire, if there was any risk or injury to people, and the different types of fire that are set.

A New York Arson Lawyer will explain to you that the New York Criminal Court and the District Attorney have traditionally had a strong reaction to arson cases, because of the dangerous nature of the offense. Your bail may be higher for this offense than for other offenses such as Assault, Petite Larceny or DWI. Because of this, it is extremely important that a defendant accused of an arson offense obtain the advice and counsel of the qualified New York Arson Lawyer prior to your Arraignment. A qualified lawyer can help you to navigate through the potentially complicated legal situation at hand.

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Two youngsters who should have been locked up were running the streets on Mother’s Day and were part of a Mother’s Day Slaying. The two men had twenty arrests between the two of them. Now the two have been charged with the murder of two teenagers. The men gunned down the victims on Mother’s Day report Long Island Criminal Lawyers.

The men were upset because they had crashed a party and were tossed out for harassing several women. The two that had ousted the guys from the party weren’t on hand when the men returned. However, the men apparently didn’t care who had been behind their dismissal from the party. However, the men continued on their rampage says a Long Island Criminal Lawyer.

One of the men had 12 arrests dating back to 2001. He had been arrested on various charges ranging from pot possession to attempted murder where he was the triggerman. The other man had 8 arrests, which included trespassing and assault as a juvenile. He was also arrested for murder after being involved in a shooting. According to New York Criminal Lawyers, one man has already turned on the other indicating that the weapon had been taken from his own father but had given the gun up when the fight started.

In New York there are a total of 6 categories of Burglary. The primary Burglary categories are Burglary in the 1st degree through Burglary in the 4th degree, as well as crimes involving attempted burglary and being in possession of tools used in burglary. In general, 1st degree through 4th degree Burglary are considered felony violations, while the other burglary crimes are considered a misdemeanor offense. Each degree of Burglary represents a different severity of the crime. Burglary four is considered the lowest in severity and is an E felony. Burglary 3 is a D felony, and Burglary 2 is a C Felony, while Burglary in the 1st degree considered being the most severe, (a B Felony), which can carry a penalty of up to 25 years in prison. If you have been arrested and charged with the crime of Burglary is important to know your rights through the Criminal Court process. A Burglary charge is serious, and the consequences life changing. Having a New York Burglary Lawyer assist you through this process is important.

If you have been charged with a lower level Burglary crime, you may have received a Desk Appearance Ticket. You should remember that you were, in effect, still legally arrested. You will have the same obligation to attend your designated Arraignment hearing.

A Queens Criminal Lawyer can explain to you that Burglary occurs when an individual gains illegal entry into a premises for the purposes of engaging in a criminal act. Something like breaking into an art or jewelry store and taking merchandise is an example of a burglary. The critical elements of the crime in this instance would be the illegal entry into the premises, and the actual taking of the property. The crime of Burglary could involve other crimes that could have occurred at the same time, such as a Drug Crime, or Possession of a Small Weapon, Petite Larceny and Assault amongst many others.

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A schoolyard killing that took the lives of three individuals three years ago is finally going to trial. One person thus far has been convicted on all counts in this horrible crime. Of the six men and boys charged in the slayings, the first man faces life terms in prison. Sentencing is set for July 8, 2010 reports a Brooklyn Criminal Lawyer.

The killings spurred a wave of anti-crime measures and since a fourth victim survived the horrible ambush, the men should all be held accountable for their role in the killing spree. All four of the victims had made plans to attend Delaware State University but as it is, only one will be able to make the dream a reality. The three victims that didn’t survive were found near a playground wall report Brooklyn Criminal Lawyers.

With the three victims dying from a gunshot to the back of the head, the victim that survived most likely witnessed the execution style killing of the others. The other individuals involved in the killing spree will be tried at a later date. However, certain New York Criminal Lawyers report that the other three will most likely face the same charges.

A woman asked her angry boyfriend to leave her home after a argument. Instead, the man took his anger out on the woman’s daughter. The teenage girl was stabbed 20 times. The man fled from the apartment after stabbing the young girl. Fortunately he was captured soon after he left the apartment report New York Criminal Lawyers.

According to authorities, the man’s nine-year-old daughter called 911 and turned him in. The man and woman were involved in an altercation and were trying to reconcile outside the young woman’s apartment around 11 PM when he became violent. According New York Criminal Lawyers, the woman had no plans of making the relationship work and left the apartment with friends. The man was left behind with the woman’s four children and Aunt indicates New York Criminal Lawyers.

The teenager girl stood up to the man and insisted that he leave the apartment. That’s when the man turned on the young girl. The other three children, twin boys 2 and a sister, were already in bed. The sister to the victim came out of her bedroom. The victim insisted that the youngster go back to bed. The young girl called 911 and police were dispatched to the scene. The young girl was taken my emergency services to a local hospital where she later died. According to New York Criminal Lawyers, the suspect was homeless and lived in a city-run men’s shelter and has four prior arrests for robbery, weapons possession, drugs and assault. Criminal Lawyers report that the man was outfitted with a bulletproof vest when he was taken to court because the young girl’s father had made threats to kill him. The man was charged with murder and weapons possession and will be held without bail.

In New York, a White Collar Crime is a term used to describe a variety of offenses, most of which have the common denominator of fraud involved. These crimes are New York state and Federal offenses that involve stealing assets and money from another. Bank Fraud is the crime of stealing money from a bank or financial institution. Under the umbrella of Bank Fraud, specific acts included under this crime would include things like Credit Card Fraud, Mail Fraud, check kitting, obtaining a loan under false pretenses, Petite Larceny, grand larceny, forgery and counterfeiting checks.

In these economic times, Banks are on the look out for this type of activity. The District Attorney considers Bank Fraud and other White Collar Crimes a serious offense, and will vigorously prosecute these individuals. The penalties for the offenses can range from substantial monetary fines, restitution (a sum of money paid in compensation for the crime), and potentially lengthy prison sentences. It is important to note that these crimes may also be enforced by federal law enforcement officials and prosecuted via the U.S. Attorneys office in Federal Court. Facing down the Federal Government in a criminal case such as this can be extremely overwhelming. If you find yourself in this situation you need to contact a New York Criminal Lawyer at your first opportunity.

Often these crimes overlap, and it is not uncommon to be charged with more than one offense. A Credit Card Fraud crime may potentially include Mail Fraud, for instance, and Computer Fraud charges can also include ATM fraud. The charge of Misapplication (a Bank Fraud charge) is the conversion of funds for your own use, is commonly tied to the Embezzlement. Because of the overlapping issues, the case may be more legally complex, and far more daunting to the defendant faced with multiple charges.

Two men entered a repair shop with the intention of robbing the business. Unfortuantely for these two, an off-duty cop was inside. The men entered the store and demanded that everyone empty their pockets. Westchester County Criminal Lawyers expect the men to get four years in jail.

The two men were convicted by a jury for attempted murder in the second degree and attempted robbery in the first degree. One of the men pointed his gun at a civilian and the off-duty detective identified himself and drew his weapon. One of the robbers began firing at the NYPD veteran. The NYPD detective was a better shot than the robbers as once he began shooting, he hit the robber in the neck. The other robber began firing and then attempted to escape reports a Westchester County Criminal Lawyer.

The detective gave chase and managed to catch him shortly after. Once in custody of the off-duty officer, the man was picked up and could face 40 years in prison for the botched robbery. New York Criminal Lawyers report that presences of the off-duty officer was a huge misfortune for the criminals.

After attacking, choking and beating a woman outside a nightclub was sentences to fourteen years in prison for his action. The man wasn’t exactly the smartest thief as he took the woman’s iPhone and used it and left his own cell phone at the sight of the attack. The victim accused the man of rape as well reports a Suffolk County Criminal Lawyer.

When authorities picked up the man, he indicated that he did indeed rob, choke and punch the woman and that he did take her cell phone. However, the man refused to admit that he had raped the woman as she had indicated. The victim was a 26-year-old student who was here to study English. According to Suffolk County Criminal Lawyers, the woman was walking alone on West 28t Street.

The woman was dragged behind a dumpster and almost strangled to death. The victim was apparently listening to music on her iPhone and did not hear the man approach her. The victim insisted she was also raped but the description she gave the authorities did not match that of Salva. According to New York Criminal Lawyers, the prosecutors dropped the rape charges against the man when the description the victim gave didn’t match the man when all of the other details were almost exact.