Arraignment in New York Criminal Courts

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Arraignment in New York Criminal Courts

 by: Susan Chana Lask, Esq.

The arraignment process involves:

• Being brought before a Judge in the courtroom

• Receiving the criminal complaint with the crimes charged and the factual basis to each charge

• The District Attorney requesting bail or releasing you on your own recognizance (called "ROR")

• Pleading guilty or not guilty

The process starts when the court officer brings you from the cell in the back of the courtroom and into the courtroom before the Judge.

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If you were unable to contact your family, friends or an attorney when you were arrested then most likely the court will have a Legal Aid attorney appear for you. Legal Aid attorneys are in the courtroom at all times to defend the poor, and most times to appear for the unrepresented.

Usually there will be about three attorneys from the District Attorney s office in the courtroom. One of them will read the charges against you and request the court to impose bail at a certain amount or no bail. If no bail is demanded by the District Attorney then you will hear the word "ROR", which means "return on your own recognizance".

Bail is determined according to the crime and your personal information. At arraignment the District Attorney will have your personal information obtained from their computer searches on you. They call this your rap sheet . It will include information about you, such as:

• Any Prior convictions

• Any arrests at anytime

• Any pleas to prior arrests

• Parole

• Probation

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If your rap sheet is clear of any crimes and this is your first arrest, chances are good that there will be no bail set against you. But even if your rap sheet is clear, if the crime you re charged with is serious (such as involving a large amount of stolen money or violence), bail can be set against you. There are different factors affecting the setting of bail against you, and all are considered by the judge in a matter of minutes.

If the District Attorney requests bail, your attorney should argue that:

• You re not a flight risk

• You have family, friends and a job in the state or locally

• The charges against you are improper in some way.

Your attorney may even get the whole case dismissed if the District Attorney s criminal complaint against you is not properly drafted or signed by a proper party.

Getting The Complaint Dismissed At Arraignment

The District Attorney drafts the criminal complaint against you from information received from the arresting officer and the victim of the crime. While you re being processed through the Precinct and Central Booking, the arresting officer will fax his paperwork and information regarding your arrest and charges to the District Attorney s office. Someone in the District Attorney s office will then call the victim and get more information so they can properly draft the complaint.

The complaint needs to be signed under oath by the arresting officer or the victim. If it is not signed by anyone when you appear at your arraignment then it is not "corroborated" and must be dismissed. So check out who signed the complaint: if it was a person other than the arresting officer or the victim then the complaint should be dismissed.

Lastly, if the facts of the complaint do not establish each legal element of the crime charged, or the complaint is poorly drafted then it should be dismissed however, the court usually will give the District Attorney a few weeks to file a properly drafted complaint.

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Law Offices of Susan Chana Lask

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

©2004 Susan Chana Lask All Rights Reserved

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About The Author Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title "High-Powered" New York attorney. She can be reached at www.appellate-brief.com. sue@aol.com

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The forgotten secret of the Ancient Greeks that shows us how to keep our teenagers out of trouble by teaching them to fight!

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To every thing there is a season,
and a time to every purpose under the heaven:
A time to be born, and a time to die;
a time to plant, and a time to pluck up that which is planted;
A time to kill, and a time to heal;
a time to break down, and a time to build up

(Ecclesiastes 3:1-3)

Four of the boys at training tonight are preparing themselves for
their first fight at our forthcoming Christians vs. Lions
promotion, scheduled for only three weeks hence. All of these
lads are boxers.

Three of those four - Joel, Daniel and young Dave - are friends,
finishing their last year of school together. They are a great
example of how guys from different ethnic backgrounds
(Australian, Latin American, and Lebanese respectively) can still
be the best of mates. The fourth guy, Louis, is an enormous
Islander man. I m not sure whether he s Tongan or from the Cook
Islands, but he s a gentle giant really. He reminds me of
Mahendar - a regular here at the Youth Centre. They re both big,
black and burly, but with gentle hearts. Louis has a few years on
the other boys who were there tonight. He s a natural in the
ring, and plays the role of the older brother very well indeed.

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These four boys are the cream of our crop in the fight club at
the moment. They are all capable pugilists, but more than that,
they are each a good embodiment of what our club is on about -
courage, integrity, self-discipline and teamwork. This isn t to
say that none of them have ever been troublemakers. Indeed, I ve
got a court appearance coming up with one of the boys, scheduled
for shortly after his fight, and he s on quite serious charges.
Even so, I ve seen nothing but positive growth since he joined
the club, and I m hoping for positive results both in his fight
and in his court case.

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What is it that makes fight training such a powerful tool in the
molding of young lives? There was a time when I thought of
fighting as just another form of sport. I have come to believe
though that fight training taps into something deep in the male
psyche, in a way that no other sport does.

When I used to talk to my old girls in the church about the
problems we had with our young people, they often used to say
what we need is another war . I always thought that that was a
terrible thing to say - that a war was the last thing that
anybody wanted. And of course the girls didn t really want a war.
They had just experienced the benefit of being part of a
community that had learnt to pull together through difficult
times. And they had seen the positive effect that soldiering
could have on the lives of young men.

I believe that men were made to fight. It s part of our genetic
makeup. We may have managed to emerge from the jungle, but
there s still a bit of the jungle in each of us, and pugilistic
activity keys right in to those ancient impulses - releasing the
wild man within.

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This theory isn t original to me of course. It s part of the
fabric of the Bible - there behind every great warrior-king who
showed himself to be a mighty man of God in battle, and behind
Jacob, who went toe to toe with God Himself and yet lived to talk
about it (Genesis 32)! These were men who knew how to fight and
pray and bleed and serve.

For a more philosophical exposition on the significance of
fighting, we need look no further than Plato s Republic.

For those who haven t read it, in the Republic Socrates explores
the concept of justice through examining both the just society
and the just individual, and then he goes on to delineate their
common elements. On the societal level he notes that a just
community is made up of a number of vital components parts:
rulers who govern, workers who labour, and an army that functions
to protect them both. In the individual he finds a similar
configuration - the mind that governs the body, the limbs that do
the work, and the themos (which is often translated as temper
or aggression ) that plays a parallel role in protecting the
individual. Justice in the Republic consists in having all of the
component parts (in either individual or society) being present
and working together properly.

In the wisdom of the ancient Greeks then, the themos is the
vital third component in the human constitution, along with the
mind and the body. Without the themos , no individual is
complete, and at a social level, no society will ever achieve a
true state of justice.

It is my opinion that one of the negative legacies of feminism in
Western culture has been an attempt to deny the themos , which
seems to be more strongly present in men than in women. This has
been for the most understandable of reasons - because of the
excesses of male violence. But perhaps it s time that we realised
that trying to eliminate themos from society altogether is like
trying to eliminate spiders and snakes because we find them
distasteful. We soon discover that the created order needs all of
its creatures - even those that some of us find ugly - if it is
to function properly.

My experience with a vast number of men is that they tend to be
either functioning as doormats to their wives and girlfriends, or
they re beating up on them. This is a reflection of the same
crisis in dealing with the themos . When we attempt to repress
the themos , it often spurts out in the most horrible and
destructive of forms. When we successfully repress it, we
emasculate our men, so that they re no longer able to stand up
for anything. Ironically, of course, such modern day men are not
only unable to offer any strength to society. They re no longer
even attractive to the women they sought to please.

The only constructive alternative is for us to reharness the
themos and channel it creatively. We need to get in touch with
that distinctive male energy - recognise it, affirm it, and then
learn to bring it under control so that it can be put to good
use. Perhaps when we are able to do this, then we will see this
country produce leaders of the calibre of Martin Luther King Jr.,
Mother Theresa, or Mahatma Ghandi - strong people of principle
who stand up powerfully for what they believe in. As it is, our
leaders always seem to come across as being either wooses or
criminals or both. God knows we need some real men in this
country who know what it means to love their women, to be fathers
to their children, and to serve God and their community with
their strength!

Fight training, I do believe, is a means to getting at that
themos and learning to bring it under control. When done in the
right way, fight training can help a young person to discover who
they are and can help them to bring their futures into focus.
They can then come to see their role as warriors in this society
who will stand up and use their energy to build a better
community and to fight for things worth fighting for.

What about these boys who I watched training with me tonight?
Will they go on to become mighty men of God'? I don t know. But
they re on the right track, and they re further ahead now than
when they first started their training..

About the Author

'Fighting' Father Dave Smith - Parish Priest, community worker,
professional fighter, father of three.

Dave is the only Australian in Holy Orders to turn pro boxer to
help fund his work. He is Parish Priest in Dulwich Hill, Sydney,
and has received numerous awards for his work with young people

Get a free preview of his book, 'Sex, the Ring & the Eucharist'
when you sign up for Dave's newsletter at www.fatherdave.org

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