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Arrest typically happens either close in time and place to the scene of the alleged crime (example car stop, sidewalk), or later, pursuant to a telephone call or visit from a detective or federal agent. In either situation, the potential defendant to a criminal action should never speak to any law enforcement agents despite an officer’s claims that cooperation could make things go easier with the judge or District Attorney’s Office.
The person arrested should ask to speak with a criminal defense attorney in Nassau County as soon as possible and refuse to answer any questions or sign anything.
A court is an institution that the government sets up to settle disputes through a legal process. Courts decide what really happened and what should be done about it. They decide whether a person committed a crime and what the punishment should be. They also provide a peaceful way to decide private disputes that people can’t resolve themselves.
Courts use the adversary process to help them reach a decision. Through this process, each side presents its most persuasive arguments to the fact finder (judge or jury) and emphasizes the facts that support its case. Each side also draws attention to any flaws in its opponent’s arguments. The fact finder then decides the case. American judicial tradition holds that the truth will be reached most effectively through this adversary process.
There are two kinds of courts in this country: federal courts and state courts.
Federal courts are established under the U.S. Constitution by Congress to decide disputes involving the Constitution and laws passed by Congress. There are two kinds of courts in the federal court system: the trial court and the appellate court. The trial court's basic function is to resolve disputes by determining the facts and applying legal principles to decide who is right. The appellate court's task is to determine whether the law was applied correctly in the trial court. Because the federal courts are the courts of limited jurisdiction, they handle much less number of cases than the state courts. Also, the federal courts are funded by the United States government and thus have more resources than the state courts. As a result, federal criminal cases are much more involved and require much more detail work than the state criminal cases. In the federal system, United States Attorney’s office is the prosecuting agency, and various federal law-enforcement agencies, such as FBI, DEA, ICE, Secret Service, are assisting them in investigating and prosecuting the case.
State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts).
The differences between federal courts and state courts are further defined by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.
Federal court jurisdiction is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear:
- Cases in which the United States is a party.
- Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction) including the violation of Title 18 of the United States Code (Crimes and Criminal Procedure).
- Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction).
- Bankruptcy, copyright, patent, and maritime law cases. State courts, in contrast, have broad jurisdiction, so the cases individual citizens are most likely to be involved in--such as robberies, traffic violations, broken contracts, and family disputes--are usually tried in state courts.
In many cases, both federal and state courts have jurisdiction. This allows parties to choose whether to go to state court or to federal court.
Criminal cases involving federal laws can be tried only in federal court, but most criminal cases involve violations of state law and are tried in state court. We all know, for example, that robbery is a crime, but what law says it is a crime? By and large, state laws, not federal laws, make robbery a crime. There are only a few federal laws about robbery, such as the law that makes it a federal crime to rob a bank whose deposits are insured by a federal agency. Examples of other federal crimes are bringing illegal drugs into the country or across state lines and use of the U.S. mails to swindle consumers. Crimes committed on federal property, such as national parks or military reservations, are also prosecuted in federal court.
Federal courts may also hear cases concerning state laws if the issue is whether the state law violates the federal Constitution.
Some kinds of conduct are illegal under both federal and state laws. For example, federal laws prohibit employment discrimination, and the states have added their own laws. A person can go to federal or state court to bring a case under the federal law or both the federal and state laws. A case that only involves a state law can be brought only in state court.
Appeals for review of actions by federal administrative agencies are also federal civil cases.
Congress has divided the country into ninety-four federal judicial districts. In each district there is a U.S. district court. The U.S. district courts are the federal trial courts -- the places where federal cases are tried, witnesses testify, and juries serve. Within each district is a U.S. bankruptcy court, a part of the district court that administers the bankruptcy laws.
Congress uses state boundaries to help define the districts.
Congress placed each of the ninety-four districts in one of twelve regional circuits. Each circuit has a court of appeals. If you lose a case in a district court, you can ask the court of appeals to review the case to see if the district judge applied the law correctly.
There is also a U.S. Court of Appeals for the Federal Circuit, it hears appeals from certain courts and agencies, such as the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Patent and Trademark Office, and certain types of cases from the district courts (mainly lawsuits by people claiming their patents have been infringed).
The Supreme Court of the United States is the highest court in the nation. If you lose a case in the court of appeals (or, sometimes, in a state supreme court), you can ask the Supreme Court to hear your appeal. However, unlike a court of appeals, the Supreme Court doesn't have to hear it. In fact, the Supreme Court hears only a very small percentage of the cases it is asked to review.
The United States District Court for the Southern District of New York has jurisdiction over and summons jurors from the counties of New York, Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan. The Court for the Southern District of New York hears cases in Manhattan, White Plains, and Middletown, New York.
The United States District Court for the Eastern District of New York comprises of the counties of Kings, Nassau, Queens, Richmond, and Suffolk and concurrently with the Southern District, the waters within the counties of Bronx and New York.
An offense for which a sentence to a term of imprisonment in excess of one year may be imposed. For the purpose of sentence, felonies are divided into five categories or classes: A, B, C, D and E felonies.
Class A felonies are divided into two sub-categories: A-I and A-II felonies. Class A felonies carry the longest jail sentences and class E felonies carry the shortest jail sentences for felony cases. For more information contact criminal defense attorney in Nassau County, and New York City,
Jail sentences for misdemeanor and violations or infractions are even shorter.
A specific type of offense for which a person may be sentenced to more than 15 days but not more than one year in jail.Many people consider only felony to be a crime not realizing that Misdemeanor is a crime as well which has many consequences on person's life. If arrested and charged with misdemeanor, contact experienced Criminal Defense Attorneys, Sharifov & Associates, PLLC, we handle any and all misdemeanor offenses in New York State.
An Order issued by the Judge authorizing an arrest. It can be issued if a defendant fails to show up in court for a scheduled appearance, or, when giving permission to a law enforcement agency to make an arrest or search premises, based on the information and belief that a crime may have been committed.
An arrest is usually followed by an arraignment. This is a formal hearing at which a defendant is informed of specific charges against him/her, advised of his/her rights, and is asked to enter a plea. This is also a stage where a judge decides whether a defendant is released pending further proceedings. An attorney makes a request for his client to be released on his/her own recognizance, or that the court would set bail as low as possible. So, the judge at the arraignment determines one’s bail. Defendant may be released on his/her own recognizance, have bail set, or be remanded to jail without bail.
Arraignment must occur within a reasonable time after the arrest not to violate the 6th Amendment Right to a Speedy Trial.
A grand jury is meant to be part of the system of checks and balances, preventing a case from going to trial on a prosecutor's bare word. Both New York State and the Federal law require the grand jury presentment and indictment for the felony prosecution unless the defendant waives his grand jury right. A felony is a crime for which the law authorizes more than one year incarceration.
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A prosecutor must convince the grand jury, an impartial panel of ordinary citizens, that there exists a reasonable suspicion that a crime has been committed. The grand jury can compel witnesses to testify before them. Unlike the trial proceedings, the grand jury's proceedings are secret; the defendant and his attorney are generally not present for other witnesses' testimony. A judge is not present either. The grand jury's decision is either a "true bill" (meaning that there is a case to answer), or "no true bill". Jurors typically are drawn from the same pool of citizens as a petit jury, and participate for a specific time period.
If grand jury issues a true bill, the defendant is indicted, and the prosecution is continuing. If grand jury issues no true bill, the case is over. Nevertheless, a prosecutor can represent the case later on under certain circumstances.
Pre-Trial Motions and Hearings
Depending on how the person was arrested, how evidence was obtained and the charges in the case, defendant may have certain pre-trial motions to make.
Example of such motions are omnibus motion, motion to dismiss the charges or complaint because allegations are insufficient, motion to suppress certain evidence (statements, results of the test, evidence of refusal to take a chemical test in DWI cases, statements made by the defendant to police officer, tangible physical evidence).
If defendant made statements while in custody and was not given Miranda Warnings, such statements may also be suppressed. Identification can be suppressed if the ID procedure was unduly suggestive.
Defense Attorney can also file demand for discovery and bill of particulars which will provide defense with more discovery of what is available to a prosecutor in a criminal case against defendant.
Depending on the allegations and evidence against the client, there are many pre-trial hearings that can be conducted prior to trial:
- Clayton Hearing – Dismissal in the interests of Justice
- Competency Hearing -- Defendant’s competency to understand and assist in proceedings
- CPL 240.43 Hearing -- Impeachment prior uncharged crimes/bad acts
- Darden Hearing -- Determine existence of informant and whether to disclose informant’s ID
- Dunaway hearing -- Whether statement obtained after arrest without probable cause
- Forman Hearing -- Whether ex parte order of protection should be continued
- Huntley Hearing -- Admissibility/Voluntariness of defendant’s statement to Police
- Ingle Hearing -- Vehicle Stop
- Mapp Hearing -- Suppression of physical evidence. Probable cause. Consent to search
- Payton Hearing -- Whether Defendant was arrested inside home without arrest warrant
- Preliminary Hearing -- Continued detention of Defendant in jail
- Sandoval Hearing -- Impeachment of Defendant
- Ventimiglia Hearing -- Use of uncharged crime on prosecution case
- Wade Hearing -- Validity of Identification process
One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer. In every state, a person with a blood-alcohol concentration (BAC) over .08% is considered legally intoxicated.
Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her drivers license may be revoked or suspended.
BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment.
Other types of evidence used by prosecutors to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns, and circumstantial evidence. Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:
- Finger-to-nose test
- Walk-and-turn test
- Horizontal-gaze-nystagmus test
- Counting backwards
- Reciting the alphabet
- Standing on one leg
What happens if a driver refuses to submit to a chemical test?
If motorist refuses to submit to a chemical test after being arrested, upon his arraignment, his license will be immediately suspended by the presiding judge. The license will remain suspended for 15 days or until the date of the DMV hearing, whichever comes first. Failure of the motorist to appear at the DMV hearing constitutes a waiver and will result in revocation. At the time of such DMV hearing an administrative judge will decide the following:
- Whether the arresting Police Officer had reasonable grounds to believe that the motorist was operating his vehicle in violation of any subdivision of Article 1192.
- Whether the arrest of the motorist was lawful
- Whether the motorist was given sufficient warning in clear and unequivocal language prior to his refusal to submit to the chemical test or any portion thereof would result in the immediate suspension or revocation of their license or privileges whether or not they were found guilty of the charge for which they were arrested.
- Whether the motorist refused to submit to the chemical test.
DMV Hearing is a very very important hearing.
NOT ONLY BECAUSE AN ADVERSE FINDING WILL HAVE A SEVERE CONSEQUENCE ON THE MOTORIST BUT ALSO FOR THE CRIMINAL CASE AGAINST THE MOTORIST.
THEREFORE, MOTORIST/DRIVER MUST RETAIN EXPERIENCED ATTORNEY TO REPRESENT HIM AT THIS HEARING
New York DWI Penalties.
Depending on the level and type of DWI offense (e.g., Aggravated DWI, DWI, DWAI, DWAI-Drugs, DWAI-A/D, etc.), how many prior convictions appear on your record, and even the particular county in which you were accused, plea offers and penalties can vary.
Below is a short, basic introduction to the penalties associated with a conviction for various DWI-related offenses. The list by no means lists all of the penalties and consequences associated with any DWI-related conviction. Only a DWI attorney can provide you with that level of knowledge and detail.
First offense DWAI:
- A fine of no less than $300 and no more than $500.
- Possible jail time of up to 15 days.
- Loss of license for 90 days.
First offense DWI or DWAI-Drugs(i.e., no prior DWI convictions within 10 years):
- A fine of no less than $500 and no more than $1,000.
- Possible jail time of up to 1 year.
- Possible probation of up to 3 years.
- Loss of license for at least 6 months.
- Ignition Interlock Device for at least 12 months
First Offense DWAI-A/D:
- A fine of no less than $500 and no more than $1,000.
- Possible jail time of up to 1 year.
- Possible probation of up to 3 years.
- Loss of license for at least 6 months.
- Ignition Interlock Device for at least 12 months
First Offense Aggravated DWI:
- A fine of no less than $1,000 and no more than $2,500.
- Possible jail time of up to 1 year.
- Loss of license for at least 1 year.
- Ignition Interlock Device for at least 12 months.
First Offense Aggravated DWI with a child 15 years of age or less as a passenger:
- Class E Felony criminal conviction (Leandra’s Law).
- Possible prison time of up to 4 years
- Possible probation of up to 5 years
- A fine of no less than $1,000 and no more than $5,000
- Ignition Interlock Device for at least 12 months and up to a period of probation
- Loss of license for at least 1 year
DWI is an incredibly technical field – in terms of the law, in terms of the fact pattern associated with each DWI case, in terms of the science involved, and in terms of how the DMV and criminal justice system treats it. Because of this, you need a lawyer who is current with ever-changing DWI laws, who is experienced in all Trial Courts of the State of New York, and who will fight to protect your rights and privileges. Contact the law firm of Sharifov & Associates, PLLC, if you or a loved one has been charged with a DWI or related offense.
CALL OUR LAWFIRM 1-888-LAW-2407 to set up a free consultation on all of your DWI questions, or email email@example.com
NYS department of motor vehicles point chart
|Speeding (MPH over speed limit not indicated)||3|
|Speeding (MPH over speed limit)|
|1 - 10 MPH||3|
|11 - 20 MPH||4|
|21 - 30 MPH||6|
|31 - 40 MPH||8|
|More than 40 MPH||11|
|Following too closely||4|
|Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction||3|
|Failed to obey a traffic signal, a Stop sign, or a Yield sign||3|
|Railroad crossing violation||3|
|Failed to yield the right-of-way||3|
|Passenger safety violation, including seat belts, child safety seats, or passengers under the age of 16||3|
|Left the scene of an accident that includes property damage or the injury of a domestic animal||3|
|Inadequate brakes (vehicle of an employer)||2|
|Other moving violations||2|
|Failed to stop for a school bus||5|
|Use of portable electronic device (“texting”)||5|
|Improper cell phone use||5|
If you receive 11 points or more in 18 months, the DMV suspends your driver license. You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.
Driver responsibility assessment fee
You must pay the driver responsibility assessment if you receive six or more points on your NYS driver record during a period of 18 months and the violations occurred on or after November 18, 2004.
If you receive six points on your driver record during a period of 18 months, the annual assessment is $100. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300.
If you receive more than six points on your driver record during a period of 18 months, the annual assessment is $25 for each point more than the original six points. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $75 for each point more than the original six points. If you are convicted of an alcohol or drugged driving-related offense or if you refuse to take a chemical test, the annual assessment is $250. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $750.
For further information, please contact our firm.
What is it, why and when does it take place?
When someone is charged with a crime and arraigned, District Attorney’s Office (or United States Attorney’s Office, if it is a federal case) will begin investigating the case. Following several court appearances, discovery process, motion practice, plea negotiations with a Defense Attorney, DA’s office will make a certain plea offer (although not in all cases) to the defendant’s attorney. If and when the offer is final, or a defendant is not willing to take the deal as offered by prosecution, then the case is set for trial (JURY OR BENCH).
It usually takes at least 1 year from the date of the offense until the case is set for trial, unless defendant is incarcerated. Trial is a risky proceeding because its outcome is not guaranteed; defendants can be acquitted on all or some counts or can be convicted on all or some counts. It takes a lot of preparation, case assessment, and strategy development to make a decision as to whether a particular client is better off going to trial. Prior trial experience of a criminal defense attorney is a must if a client wants to increase his/her chances of success at trial.
Attorneys at Sharifov & Associates, PLLC have such crucial experience and fight vigorously for our clients’ acquittals.
Jury Trial Structure
After the matter has been set for trial, the Court will first start with Preliminaries. The issues typically discussed are: what prior convictions, if any, an ADA will be allowed to cross examine on, if defendant testifies; any advance objections to some evidence to be introduced at trial (motions in limine). The parties also exchange some final discoveries (some of it discoverable right before the trial or even once the jury is picked). Then potential jurors, who wait outside of the courtroom, will be invited in. Usually there will be anywhere between 50 and 200 potential jurors; they will be seated and then questioned first by the judge and then by the attorneys on both sides to decide who should serve as a juror. The process of selecting jurors may take anywhere between 1 and 3 days depending on a severity of the case and charges. On complex federal or state case it may take much longer. Attorneys for both sides may exercise various challenges to remove a certain juror. If you need more detailed information on jury selection advice, please contact Sharifov & Associates, PLLC for a free consultation.
After jury is selected and sworn, Prosecuting Attorney (ADA or AUSA) makes his opening statement. It is an outline of how the prosecution intends to prove the case, and factual scenario as to how defendant committed the crime alleged in the accusatory instrument. The Defense Attorney does his opening statement after that. Then prosecution begins its direct case by offering witnesses and evidence. Defense attorney then cross examines these witnesses. After prosecution rests, Defense Attorney should make motions to dismiss if Prosecutor failed to prove certain elements of crime charged. The court may issue its decision right away, or reserve it until the jury’s verdict. After that Defense Attorney may introduce their witnesses and evidence.
After all evidence is presented by both sides, both Attorneys make their closing statements. Closing statement is a summary what was introduced at trial, what testimony, what evidence, what witnesses said, etc. Attorneys for both sides remind jurors what important points were presented and how the jury should view certain evidence. At the end of the case, the prosecution asks the jury to come back with a “guilty” verdict on all counts. Defense Attorney asks to acquit their client on all counts.
Because it is the prosecution who has the burden to prove the guilt beyond a reasonable doubt, the prosecutor makes his/hers closing statement last.
After the closing arguments, the court gives the jury instructions, and explains what exactly their job is. The jury then retires for deliberation. During deliberations jury may have questions or request to hear certain portions of testimony. After they reach a verdict, it is announced in court.
It is worth noting that to adequately prepare for a criminal trial a Defense Attorney has to spend considerable amount of time. It is important to work out a winning defense strategy, to properly select jurors, make a strong opening statement, anticipate and prepare for cross examination of prosecution witnesses, to determine what witnesses will testify for defense (if any), prepare such witnesses for testimony. Equally important is to conduct legal research to support motions during trial; know what evidence should not be admissible during trial, what objections to make, know the grounds for these objections, know how to introduce exhibits, know what foundation is required to do so, have case law needed to support position on a certain issue at trial. It is always difficult to predict how long the trial will last, however, on average, a misdemeanor jury trial may take anywhere between 3 days and 1 week, a felony trial - between 5 days and 3 weeks. If there are co-defendants who are being tried jointly, it may take longer than that.
If you have an open criminal case that may go to trial and your current attorney does not do trials or does not have enough experience to conduct it, please contact Attorneys at Sharifov & Associates, PLLC, for a free consultation regarding your issue. Sharifov & Associates, PLLC, are trial Attorneys and have experience and expertise to take a case, no matter how complex, to trial.
When a loved one gets arrested, friends and family members often do not know what to do. Here is some information that might help families at the initial stage to find out what is going on and to locate the person who was arrested.
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My Friend/Relative/acquaintance was arrested today, where is he/she?
How can I get him/her out?
When someone is arrested by a police officer, he/she will first be taken to a local police precinct for questioning, to get the facts and, in most case, to extract a confession. The person is then fingerprinted and a background check is performed. This process may take several hours, depending on the facts of the matter. While this is being done, the police generally will not allow anyone to see or speak with an arrestee; however, if a family or a friend of a person in custody retains an attorney right away, an attorney will attempt to convince the arresting officer to exercise his/her discretion and issue a desk appearance ticket (DAT) and release the person after the initial processing.
If your friend or relative is arrested, please contact Sharifov & Associates, PLLC, at (718)368-2800 and ask what we can do to help you right away.
If the matter is more serious and a police detective gets involved to investigate further, the retained Attorney will immediately notify the Police that there cannot be any questioning of a suspect without the attorney present. Usually, at this point, there will be no questioning at all. Therefore, it is VERY IMPORTANT to retain knowledgeable attorney right away to avoid Police getting a confession from a person in custody. If you need more information about it, please contact Sharifov & Associates, PLLC to discuss it further.
After a defendant is processed at the precinct, if the crime is serious, they will be sent to Central Booking for the county in which they were arrested. Central Booking is where the defendant will be given further background checks, be registered into the New York State system and given identification and an ARREST number.
- Manhattan - Central Booking
- Brooklyn - Central Booking Brooklyn Central Booking Phone Number (718) 875-6586 Kings County (Brooklyn) Criminal Court (718) 643-5296, 5675 120 Schermerhorn Street (between Adams and Smith Street).
- Queens - Central Booking Queens Central Booking Phone Number (718) 268-4523 Queens County Criminal Court (718) 298-0736 125-01 Queens Blvd (near Hoover Avenue and 82nd Avenue).
- Staten Island - Central Booking Staten Island Central Booking Phone Number (718) 876-8490 Richmond County (Staten Island) Criminal Court (718) 390-8400 Criminal Court – 26 Central Avenue, Staten Island, NY
- Bronx - Central Booking Bronx Central Booking Phone Number (718) 590-2817 Bronx County Criminal Court (718) 618-2400 215 East 161st Street, near Sherman and Sheridan Avenues
Manhattan Central Booking Phone Number (212) 386-4545 New York County (Manhattan) Criminal Court (212) 374-5880 100 Centre Street (1 block north of Worth Street, 3 blocks south of Canal St)
Midtown Community Court (646) 264-1308 314 West 54th Street, New York, NY (between 8th and 9th Ave.)
ARRESTS IN NASSAU COUNTY
When someone is arrested in Nassau County he will be taken to one of the Six Precincts located in Nassau County. If a person is arrested by a Village Police Department, he will first be processed by the officers from the Village and then he will be taken to the local Precinct for further processing.
The Six Precincts are located as follows:
- 1st Precinct, 900 Merrick Road, Baldwin, NY 11510. Tel. 516-573-6100
- 2nd Precinct, 7700 Jericho Turnpike, Woodbury, NY 11797. Tel 516-573-6200
- 3rd Precinct, 214 Hillside Avenue, Williston Park, NY 11596. Tel 516-573-6300
- 4th Precinct, 1699 Broadway, Hewlett, NY 11557. Tel 516-573-6400
- 5th Precinct, 1655 Dutch Broadway, Elmont, NY 11003. Tel 516-573-6500
- 7th Precinct, 3636 Merrick Road, Seaford, NY 11783. Tel 516-573-6700
At the police station, the police personnel will prepare a certain documents required to process an arrest, including the initial charging documents (misdemeanor or felony complaint). Where deemed necessary, the police will assign a Detective to a case for further investigation who may seek to obtain statements from a person arrested and who may also speak with witnesses.
In some misdemeanor cases, such as Petit Larceny, Criminal Mischief, Possession of Controlled Substance in the 7th degree, Possession of Marijuana, Driving with Suspended License, Leaving the scene of the accident with Property Damage, Trespassing, Reckless Driving, and others, Police may either give a person a Desk Appearance Ticket (DAT), and let the person go home and come back to court for arraignment on another day, or Police can actually ask the person to post a Police Station Bail, and then let the person go home, and come back to court for arraignment. Usually, Police will request a Police station bail when somebody has a minor prior arrest, resides outside of Nassau County, does not have a valid ID. In other, more serious cases, the person arrested will remain in custody until the matter is brought before a judge at a proceeding called an arraignment (first appearance).
If the person is charged with a physical crime, such as menacing, assault, robbery, burglary, etc and especially where there any injuries, Police will detain the person until the matter is brought before the judge. At the arraignment, Assistant District Attorney will request a temporary order of Protection to be issued by the judge against the person who was arrested - Defendant, in favor of the victim in the case.
ARREST IN SUFFOLK COUNTY
A person who is arrested in Suffolk County, is taken to one of Suffolk County’s police precincts, one of the East-End Town Police Departments, or to a Village Police Department. If the arrest is made by a Village Police Department, the defendant will be processed by the Village Police, but he or she is then taken to the Suffolk County Police for additional processing and detention.
The processing of an arrested person consists of taking personal data and, where required, fingerprints.
A detective may be assigned to cases where an investigation is needed. Detectives may interview arrested persons and witnesses to procure statements concerning the criminal incident in order to use in court against the accused.
After processing, a person is either detained or released on bond or given an appearance ticket for a court appearance that day or the next, depending upon the time processing is complete.
- First Precinct Bureau 555 Route 109 West Babylon, New York 11704 631-854-8100
- Second Precinct Bureau 1071 Park Avenue Huntington, New York 11743 631-854-8200
- Third Precinct Bureau 1630 5th Avenue Bay Shore, New York 11706 631-854-8300
- Fourth Precinct Bureau 345 Old Willets Path Hauppauge, New York 11788 631-854-8400
- Fifth Precinct Bureau 125 Waverly Avenue Patchogue, New York 11772 631-854-8500
- Sixth Precinct Bureau 400 Middle Country Road Selden, NY 11784-2501 631-854-8600
- Seventh Precinct Bureau 1419 William Floyd Parkway Shirley, New York 11967 631-852-8700
New York County
|Criminal Court – 100 Centre Street, New York||212-374-5880|
|Manhattan Central Booking||212-374-3838|
|Find out info about bail recently set||212-225-7348|
Midtown Community Court
|314 W. 54th Street, New York||646-264-1300|
Kings County, Brooklyn
|Criminal Court – 120 Schermerhorn Street (near Livingston and Smith Streets)||718-643-5675|
|Brooklyn Central Booking||718-935-9210|
|Criminal Court – 125-01 Queens Blvd (between Hoover Avenue & 82nd Avenue)||718-520-1985|
|Queens Central Booking||718-268-4523|
Richmond County, Staten Island
|Criminal Court – 26 Central Avenue, Staten Island, NY||718-675-8555|
|Criminal Court – 215 East 161st Street (near Sherman & Sheridan Avenues)||718-590-2886|
|Bronx Central Booking||718-643-5678|
|Nassau County District Court – 99 Main Street, Hempstead, NY 11550 (one block from Sharifov & Associates, PLLC)||516-571-2200|
|Suffolk County District Court – 400 Carleton Ave, Central Islip, NY||631-853-7500|