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How The Arraignment Process Works

Last updated on June 18, 2021

One of the most significant parts of a federal case is arraignment. This is where charges are formally read in front of a defendant. During this time, you enter a plea of “not guilty” or “guilty.” It is also determined whether or not bail is set. Sapone & Petrillo, LLP, can help you navigate this process. We have worked with clients throughout New York who want to understand their options and how to best move forward.

Why Is Bail So Important?

This initial argument in court is important for many different reasons. If a judge does not grant the accused person bail, they are forced to sit in jail throughout the duration of their case. It is possible to appeal this, but of course, that takes time. This leaves you behind bars instead of home with your loved ones. In making this decision, a judge must determine if you are a flight risk or if you are a danger to any person or the community. Our job, as your representation, is to show that you are not a threat and will respect the legal system.

The government bears the burden of proof in these cases. They must show the opposite – that you not only could flee, but that you will. Furthermore, they will say you are a danger to anyone who comes across your path. In some cases, such as those involving narcotics, there is a presumption that you will be detained. Our firm knows how to handle these potential presumptions and can argue them on your behalf. There are a few ways to do this. Bringing in witnesses to testify is a good first step. From a strong work history to lack of substance abuse, family ties or your mental health, all of this can be used to help you reach bail.

We Can Help You Understand Your Options

If bail is granted, it means that in order to be temporarily released, you have to pay a specific dollar amount. This dollar amount is set by the court, as well. This is returned to you if you follow the rules. Essentially, you have to be on your best behavior and return to court when it is time to do so. Failing at any of these aspects could result in your immediate arrest and imprisonment. Whether it is home confinement, electric monitoring, curfew or a combination of all three, we will do what it takes to find a solution that works for you.