- Criminal Procedure
Criminal Procedures in Nassau County, NY
A criminal cases in the Nassau County criminal court system begins after an arrest. The arresting officer may issue a desk appearance ticket that operates as a notice to appear at a court date set in the future, instead of going through a formal arrest. Alternatively, an arrest warrant can be issued by a judge. If the person arrested is not immediately released on a desk appearance ticket, then the person must appear for arraignment in front of a judge.
The judge will determine the bail amount based on the severity of the charges, the person's criminal history, and his or her ties to the community. The setting of bail — cash and/or bond — is intended to assure that the defendant will appear in court to answer the charges at future court dates.
The criminal process can be confusing, and a person facing an arrest in Nassau County may have many concerns about what is going to happen to them. Having an experienced attorney on your side who can help you understand what may happen next. Nassau County criminal defense lawyer Stephanie Selloni can represent you on any criminal charges at each stage of the case.
Criminal procedure rules cover topics like the statute of limitations and your right to a speed trial. The rules determine how the case proceeds through to a final resolution. At Law Office of Stephanie Selloni we represent clients facing criminal charges in Garden City, Hempstead, Floral Park, Glen Cove, and the surrounding areas of Nassau County. Call us at 516-972-1212 to discuss the particular facts and circumstances of your case.
Nassau County Criminal Procedure Information
- Arraignment in Nassau County District Court
- Future Court Dates
- Finding an Attorney to Fight Your Charges
What happens at the arraignment? If a desk appearance ticket (DAT) is issued, then a date to voluntarily appear in Arraignment Part B in Nassau County District Court may be issued. Alternatively, if the defendant is held over for arraignment, then he will appear for arraignment the following day in Arraignment Part A.
At arraignment, the defendant is notified of the charges against him or her. The district attorney will recommend and generally ask for a certain amount of bail to be set. The defense attorney will then make a bail application on behalf of his client as to why no bail or a reasonable should be set. The judge will then make a determination as to whether and how much bail to set.
If the judge does set bail, it is generally in terms of both a cash and bond amount. The judge will generally advise the defendant to come back on his next court date with an attorney. If the defendant can show that he is indigent, based on very strict guidelines, the judge may assign Legal Aid to represent him.
Depending on the charges, the judge may release the defendant on his own recognizance (ROR), release him to the custody of probation (CRP) or set bail. The court might also set special conditions for the release including an Order of Protection to protect an alleged victim of domestic violence.
At the arraignment, the next court date will be set. The case will then be assigned to a specific court part and judge. An assistant district attorney will also be assigned to prosecute the case. If you are charged with a violation or a misdemeanor then your case will be held in the First District Court located at 99 Main Street in Hempstead, New York. If you are charged with a felony, then your case will be transferred to the County Court located at 262 Old Country Road in Mineola, New York.
The defendant is responsible for appearing at all future court dates. A failure to appear can result in the court issuing a bench warrant for the individual's arrest. Your attorney will demand that the prosecutor provide all information about the case (often called "discovery"). The defense attorney will also file motions to suppress or exclude certain evidence in the case or even to dismiss the charges completely.
The criminal defense attorney and assistant district attorney for Nassau County will also discuss possible plea negotiations. The prosecutor may agree to reduce the charges or otherwise offer a plea deal to encourage the resolution of the case without a trial.
If you are charged with any violation, misdemeanor or felony offense, then contact an experienced criminal defense attorney at the Law Office of Stephanie Selloni. We fight to protect our clients with the goal of achieving the best possible result.
Stephanie Selloni is experienced in representing clients from the initial arrest warrant or bench warrant through every stage of the case. Call to discuss the procedures that will be used in your case from the first appearance, arraignment, pre-trial conferences, motion hearings, through a final resolution or trial.