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.