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Detention, Arraignment, Bail, and Release


In New York City, defendants are brought before a Judge for arraignment within 24 hours of the arrest. After the case has been docketed by the court and the complaint and accused’s criminal history are ready, the defendant is brought to Criminal Court for arraignment.

In New York City’s five boroughs, criminal court arraignments are held day and night, seven days a week, 365 days a year, from 8:00 AM to 1:00 AM. Our lawyers are on-call and will attend arraignment with your loved one.

At the arraignment, the primary issue will be whether or not the Judge will set bail or release the individual on his or her “own recognizance” (without requiring any bail).  If the Judge decides that the accused cannot be trusted to return to court without some encouragement, the Judge may set bail.  The decisions to set bail and the amount of bail to set are discretionary, and depend on three factors: 1) prior criminal history, 2) the seriousness of the alleged conduct, and 3) community ties of the accused.

At Law Offices of Norka M. Schell, LLC, we review the case with your loved one before arraignment before presenting the Judge with a thorough case for release.

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