How Do I Know What To Do After Being Released From Jail?
What you should do after being released from jail depends on the scenario. The only decision made by the court is whether you are going to be released, whether you are going to be bailed out or whether you’re going to be remanded.
If the judge has stated that you are released on your own recognizance then you should leave the jail with a notice of your next court date; do not leave without that. It should tell you the time, the place, what judge and where you are to go for the next court date. Sometimes at arraignment, if it is a DWI (driving while intoxicated) or another crime and the judge believes that you need treatment right away, they will give you a referral to a treatment program, a drug program, or a psychologist. If you are shoplifting, they may give you information on how to go to a shoplifting prevention program. If there are any appointments or referrals, you should leave with the referrals.
If the case gets disposed of in arraignment, in addition to saying you are released, it is quite possible that the judge could say, “I am going to sentence you here to five-days of community service”. Your case is done but you still have to serve the five-days of community service. In a lot of courts, especially in Westchester, you have to show proof that you completed the community service. You should get a copy of the referral and make sure you have all the information as to what you need to do and who it is that you need to call. If released, you should also receive information on any fines that you may have to pay.
If you have been remanded and must stay in jail, you should ask for an attorney right away and you are allowed a phone call. We do cases in Westchester and we can represent you in that type of case.
Will I Be Able To Drive After I Get Out Of Jail? What Happens To My Driver’s License?
Whether you will be able to drive after you get out of jail and what happens to your driver’s license depends on a few factors. If the police had you take a breathalyzer test when you were arrested in a DWI arrest and that blood alcohol level is over the legal limit, which is 0.08 in New York, you will not be able to drive. Your license will be suspended pending prosecution and you will not be able to drive. The physical license is usually taken by the arraignment court. Sometimes if it’s not taken at the arraignment then it is going to be taken at the next court hearing.
What Are Some Mistakes That People Make After They Have Been Arrested?
People make mistakes after they are arrested and that could potentially hurt their case. One mistake that people make after they have been arrested is that they talk about the details of their case. You should not talk about the details of any pending criminal case especially to people that you don’t know, you can’t trust or you don’t know if you can trust, and this includes even family members. Be careful who you talk to and the reason for that is because it’s a pending case. Anything you say could go back to prosecutors and you never know who knows people in the DA’s office or who’s going to “snitch” on you. So our criminal defense lawyers recommend keeping a low profile while a case is pending and don’t talk to anyone about the case.
Another mistake is that some people, for some reason, go back to the scene of the crime, so to speak. If you have a criminal defense attorney then they will hire an investigator who will go out. It’s not wise to go back to the scene of the crime because the police could happen to be going back for some reason too and you do not want that to happen.
The third mistake is not hiring an experienced criminal defense attorney. There are some people that believe they can represent themselves and don’t hire a criminal defense attorney. This is not a good idea, especially in a DWI or in any other type of criminal case that is very complex. You need attorneys like us that are experienced, can go with you and represent you, and try to get you the best possible outcome.
Will I Have A Criminal Court Appearance In The First Month After An Arrest?
Whether you will have a criminal court appearance in the first month after an arrest depends on the strategical considerations with your attorney. Depending on the court in Westchester County and the charge, you usually will have a criminal court appearance in the first month after an arrest. It depends on the court’s calendar and whether they are backlogged.
If you are charged with a felony crime, you have the option of waiving the speedy trial rights that you have in an effort to try to get a good deal. If you do that then the criminal court appearance probably will not be until after the first month. If you do not waive it then it will be within the first month or even sooner.
Should I Start Voluntary Counseling Or Rehab Prior To Trial?
Voluntary counseling or rehab prior to trial can only help your case and it can’t hurt you so it would be a good thing to voluntarily start any type of counseling. The court will usually tell you whether you are mandated to attend a program. A lot of times, you could be referred to a program right away after you are arraigned or you could be referred to an assessment to determine whether you have a problem. If you really think you have a problem and you think that the assessment is going to state that you do have an alcohol or a drug problem, I would suggest you go right away.
Get Information on Being Released From Jail In New York or call the Law Offices of Michael H. Joseph, PLLC for a FREE Initial Consultation at (914) 574-8330 and get the legal answers you are seeking.