04:26:00 pm, by admin , 746 words
Categories: Criminal Law
What is the Procedure after an Arrest, Buffalo NY Defense Attorney
You were arrested because a police officer had probable cause to believe that you committed a violation, misdemeanor, or felony. If you are charged with a misdemeanor or felony it is probable that you will be formally arrested and physically detained and later arraigned and required to post bail to ensure future appearances in court. If you are charged with a violation, you may not have been formally arrested and physically detained, but you may have been given a ticket that requires you to appear in court at a specific date, time, and location.
If you are charged with a misdemeanor or felony, at some point you will be taken to the police station for booking where your fingerprints and photograph will be taken. A report of your criminal history (rap sheet) will also be prepared.
If you have be formally arrested and physically detained you will usually be arraigned within twenty-four (24) hours of your arrest. The purpose of the arraignment is to formally advise you of the charges against you and to decide whether you will be released pending prosecution. The judge will have to decide whether he will release on your own recognizance without bail, whether he will set bail to ensure your future appearances in court, or whether he will hold you in jail without bail (remand).
After the arraignment, your case will usually be adjourned for further proceedings. Upon the return to Court, your lawyer and the prosecutor will discuss settlement of your case. The plea bargain is the settlement. Usually the defendant will agree to plead guilty to a lesser offense in satisfaction of all the charges. The plea agreement must also be approved by the judge.
The Grand Jury
If you are charged with a felony and your lawyer and the prosecutor are unable to reach an agreement on the plea, your case will be presented to the Grand Jury.
The grand jury is made up of sixteen (16) to twenty-three (23) people who listen to the evidence of the prosecutor and decide whether to put you on trial for a felony. If the grand jury decides that there is enough evidence, they will vote for an indictment. You may not be put on trial for a felony in the State of New York without having first been indicted by the Grand Jury, unless you give up that right.
Pretrial motions are motions made by your lawyer to the Court designed to weaken the prosecutions case against you or to have the charges dismissed against you altogether. There are many different motions that can be presented to the court and some of them will require a hearing.
If your case survives pretrial motions, and you continue to refuse to plead guilty, your case will go to trial. A judge or a jury will decide whether or not the prosecutor has proven your guilt beyond a reasonable doubt.
If you are charged with a felony and refuse to waive your right to a jury trial, twelve (12) jurors will decide your case. If you are charged with a class A misdemeanor, and refuse to waive your right to a jury trial, six (6) jurors will decide your case. If you are charged with a Class B misdemeanor or less, your case will be tried before a judge.
If you plead guilty, or are found guilty after trial, you will be sentenced. If you are convicted of a misdemeanor or felony the Department of Probation will usually prepare a pre-sentence report for the judge containing information about your background and the circumstances of the crime. Your lawyer and the prosecutor may also prepare pre-sentence memoranda for the judge.
The sentence you receive will depend on your background, and the circumstances of the crime. The types of sentences include jail or prison terms, probation, conditional discharge, unconditional discharge, restitution and fines.
After you are sentenced, you have a right to appeal your conviction or sentence, unless you have waived the right to appeal as part of a plea bargain. Some rights of appeal may never be waived.
Need a Criminal Law Lawyer?
If you need a Criminal Law Lawyer please call the number listed above or click HERE to request a free consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood, the Buffalo NY Criminal Lawyer.
04:02:00 pm, by admin , 355 words
Chapter 13 Bankruptcy - Save Your House From Foreclosure, Bankruptcy Lawyer Buffalo NY
What is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is a wage earner's plan. Chapter 13 allows individuals with regular income to propose a plan to repay all or part of their debts. The plan sets forth an agreement to make installment payments to creditors over a three to five year period. After the plan is confirmed by the Court, the law forbids creditors from starting or continuing collection efforts. After the plan is paid in full the debtor(s) will be granted a "discharge" from all dischargeble debts.
Why do debtors choose Chapter 13 over Chapter 7
Primarily, individuals choose Chapter 13 to save their homes from foreclosure by curing delinquent mortgage payments over time in the plan (however, regular mortgage payments must still be made on time outside the plan).
Chapter 13 Eligibility?
1) Any individual is eligible for chapter 13 relief as long as the individual's secured debts are less than $1,149,525, and unsecured debts are less than $383,175.
How much does it cost to file a chapter 13?
If You Need more information?
02:49:00 pm, by admin , 331 words
Chapter 7 Bankruptcy - Get Rid of Credit Card Debt, Bankruptcy Lawyer Buffalo NY
What is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is a liquidation proceeding designed for those experiencing financial difficulty that do not have the ability to pay their existing debts. The debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash for distribution to the creditors. In the vast majority of cases the debtor keeps all of his property because the debtor has no non-exempt assets for the trustee to distribute. This is called a "no asset case". In about four months the debtor receives a "discharge" of all dischargeable debts, providing the debtor with a "fresh start". Although there have been predictions of gloom and doom regarding the new law, Chapter 7 remains a viable option for most individuals that seek it.
What are some of the requirements of the new chapter 7 bankruptcy law?
1) Individuals whose debts are primarily consumer debts are subject to a “means test” designed to determine whether the case should be permitted to proceed under chapter 7. The means test is based on the median income of the debtor's state.
2) Individuals filing Chapter 7 bankruptcy will have to take an approved Credit Counseling Course before the petition can be filed.
3) Individuals filing Chapter 7 bankruptcy will have to complete an approved Financial Management Course before discharge can occur.
4) Individuals filing Chapter 7 bankruptcy will have to provide additional documentation to prove their financial condition.
What is the median income for New York State?
$48,840.00 - 1 Person Family
How much does it cost to file a chapter 7?
Costs: Filing Fee: $335.00
If You Need more information?
Otherwise Contact me now for a Consultation:
Please call (716)-656-7676 for a free phone counsultation or HERE for a free web consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood, the Buffalo NY Bankruptcy Lawyer.
02:28:00 pm, by admin , 314 words
Adopting Your Stepchild, Adoption Lawyer Buffalo NY
What is Stepparent Adoption in New York State?
Does the Child have to Consent to the Adoption?
How much does it cost?