New York Gun Arraignments

When a person is first arrested and brought to the precinct, their photograph is taken for a mug shot, they are fingerprinted, put in a holding cell, and then transferred to Central Booking. While at Central Booking, the individual may be able to use the phone. If the individual already knows their lawyer’s number, they should call them. If they do not, they may want to call a friend or family member and ask them to reach out to an attorney on their behalf. Most people will have an attorney during New York gun arraignments. An experienced gun lawyer should be at the arraignment so that they could stand up for the individual and fight for them.

How Judges Decide Bond

During New York gun arraignments, a judge will determine the bond. When the judge makes a decision about whether to release someone arrested for a gun crime, that determination depends on the specific facts of the case and the defendant’s criminal record. In New York City, a person usually stands a decent chance of getting a reasonable bail or a bond. However, in a gun case, it is not nearly as common. Prosecutors frequently argue, and judges often agree, that the nature and severity of the gun charges presents a strong risk of flight and feel that some monetary incentive to return to the court is appropriate.

Risk of Flight

Determining bail during New York gun arraignments is based on the risk of flight. There are many things a judge may take into account when looking at risk of flight. A person's record and the nature of the offense are major factors. The judge also looks at whether the person works in the area. They determine whether the individual has family, or close friends, in the area, how long they have been in the area. Whether the person has a passport or has family and friends that live overseas, and whether they have money in locations overseas they could access are also considered.

How a New York Gun Attorney Could Help

The danger to society argument is a consideration for bail on the federal level, not on the state level. When a person faces federal gun charges and they are not a danger to society, the best thing an attorney can put forward is the lack of violence in defendant’s history. When someone has never been arrested or convicted of a crime of violence before, that is important.

When an individual has a job that is regarded as a benefit to society, that may make a difference. A prosecutor could argue that somebody caught with a gun is strong evidence that they pose a danger to society. However, there are ways to make the argument that a person's history and characteristics clearly demonstrate that they are not a danger to society as they have not caused any issues in society in the past. An accomplished attorney could be a guide for you during New York gun arraignments. Call today to get in touch with a well-established gun lawyer.