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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16011
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My daughter is 29 years old. She was sitting on a stoop in

Customer Question

My daughter is 29 years old. She was sitting on a stoop in the West Village with a friend. I am assuming they were drunk. the police came over to them and asked for ID. She said the cop had her ID for a long time so she asked for it back. I really do't know what happened from there except for that they were both arrested and taken to the 6th precinct. That is when she called home. She said the police were very rough with her and she has marks and cuts on her. They have moved her toXXXXXsince then and now has to wait for a judge. What can we expect?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.
Hello and thanks for requesting me,

I can't tell for sure what happened here, since I don't have much to work with. The charges, however, don't sound serious -- disorderly conduct probably (NY has no public intox law for alcohol, only for drugs) and perhaps resisting arrest.

Disorderly conduct is a violation and not a crime. If the polce had difficulty cuffing her, which is possible given her injuries, then it is typical that they charge that as well. Resisting arrest is a misdemeanor, but under circumstances like this, the case is likely to be reduced and disposed of at her arraignment.

If she is coming in with the police as a defendant in custody, she will be assigned a public defender who will interview her before she sees the judge. Hopefully, she'll show the lawyer her injuries, so that the lawyer can make a record as to them when they are before the judge.

At an arraignment, the judge reads the charges against the defendant and asks her how she pleads. She will have a lawyer so she'll know to plead not guilty, which is the only plea that keeps her rights open.

From there, the DA may be heard as to bail. And the defense lawyer will respond by asking for her release. If she has no record and no warrant history, I'd expect her to be released. But the judge makes a determination as to bail based on whether or not he feels she is a flight risk. To decide that, he will look at her ties to the community, her personal and criminal history, and the seriousness and strength of the People's case. If you intend to be present at her arraignment, you can find her lawyer in the courtroom by just asking one of the public defenders who is representing her.

You can talk to the lawyer who will tell you how he thinks the arraignment will come out, and he will know that your daughter has ties to the community and be able to point that out to the judge during the bail application. If bail is set, you can post it at the courthouse so that she isn't taken to a house of detention. You'd just have to let the lawyer know to have her held in the courthouse while you pay it and she can be released from there.

Without knowing for sure what the charges are, I cannot tell you much more than this, but it's customary with certain types of misdemeanors that a DA will make a plea offer at the arraignment, which could get the case over with in one day. Her lawyer will advise her of this and also should let her know about how a plea could affect the possibility of her successfully suing the police.

If I had to hazard a guess based on what little I know, I would say that they will offer her a plea to a violation and not a crime. She could get a fine, community service, or a conditional discharge. That way, she could get rid of the case and actually be able to truthfully say that she's never been convicted of a crime. The violation would seal at the end of the year so that it would not appear on her criminal record.

Hope this gives you a crash course in the arraignment process. Just make sure to let the lawyer know you're there if you are going to be in court. He'll have seen the criminal complaint and what the state is alleging and have a far better sense than I of what she's up against.
Customer: replied 9 months ago.

I have heard that many times people are given tickets for this. why would they have arrested her? unless she got nasty with the officer.


 


We live in New Jersey and she called us at 4:30 am. Is there any way we can find out where or what time she will go to court?

Expert:  Zoey_ JD replied 9 months ago.
Hi Christine.

I'm sorry for the delay but I stepped away from the computer.

Yes, if she has had no arrests generally she may have been ticketed. They may have kept her for 2 reasons. One reason is what you suggested -- that she mouthed off at the officers. That possibility was why I thought she might have a resisting arrest charge.

The second reason is that she was too drunk or out of it to be let go, so they took her back for her safety to let her sleep some of it off.

Arraignments go on almost from 8 AM to 1AM, 7 days a week. Call the court --(NNN) NNN-NNNN-- and ask for the arraignment clerk. He can tell you when your daughter's paperwork is ready so that you won't have to sit in court all day waiting for her. If you get no answer from the general number on a weekend, here's the number for Central Booking, which will be open. (NNN) NNN-NNNN That's the police in the court house where they bring in the prisoners, and they should be able to transfer you to the arraignment clerk.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16011
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you
Customer: replied 9 months ago.

I did call and spoke to an officer at central booking. They still have her at the precinct, which is the 6th. She is also being charged with resisting arrest. Is there anything we can do if she is still at the station? The officer told me that she probably won't be arraigned until after 5pm.

Expert:  Zoey_ JD replied 9 months ago.
Hi,

Nope, nothing you can do, unfortunately. The City doesn't allow for precinct bail. Bail gets set by the judge at arraignments. They will have to be ready to bring her before the judge within 24 hours of her arrest, so her papers should come through night court, like you've been told. She could be seen at any time between 5 and 1 AM.

So you need to get the number of the arraignment clerk to find out whether Central Booking has sent her paperwork up to the arraignment part. Once that happens and the clerk dockets and records her papers and carries them into the courtroom, the lawyers will be able to get her papers and interview her.

I am not surprised about the resisting based on her injuries. Sometimes those injuries mean that the cuffs were too tight. Other times, it means that she didn't give the police an easy time. So I made a guess. That's a misdemeanor and the charge that will have to be reduced or dismissed if she's to come out of this without a record.
Customer: replied 9 months ago.

Will someone have to be there if the judge sets bail? Will bail need to be posted for her to get out, or can they give her a fine?

Expert:  Zoey_ JD replied 9 months ago.
Hi Christine,

I covered this in an earlier post.

If she wants to get a plea deal, this is the kind of matter where she should be let out, given a conditional discharge (go home and stay out of trouble for a year or we can reopen this case) or be given community service. She will not have to pay the fine on the spot. She can get time to pay -- a new date to come back to court and drop off her money.

If she doesn't want a plea deal or if for some reason the DA wants to wait until the next date to make the offer, then the lawyers will discuss the matter of bail with the judge.

I would expect her to be released on her own recognizance. But if bail is set and you are there, you can bail her out right in court. If you are not there, she can be released from the facility and you can post bail by following the instructions here. It is infinitely less of a hassle to have someone at the courthouse to either post bail right there or if no bail is set, to help her get home.
Customer: replied 9 months ago.

Thank you so much. You have been very helpful.

Expert:  Zoey_ JD replied 9 months ago.
You're very welcome!

Good luck to your daughter.

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