Shyama Charan Vats asked:


Introduction:

Indian market is growing and many multi national companies have opened up offices in India in the recent past. Nearly half of the fortune five hundred companies in India have either opened their offices or their call centres. Indian companies are taking over companies abroad. With estimates of annual growth ranging between 7 and 9 per cent, India’s economy is one of the fastest-growing in the world.

Even more importantly, the type of economic activity that Foreign Law Firms are likely to profit from- such as large cross border deals- is growing even faster. A greater number of foreign clients are now involved in Indian transactions, too, which is why these firms want to establish a stronghold in India, to better serve their clients.

The Indian Bar Council has imposed restrictions on the activities of foreign law firms in recent years that have sharply curtailed participation of foreign law firms in the Indian legal services market.

India requires that anyone wishing to practice law must enroll as a member of the Bar Council and if that person happens to be a foreign national then he must belong to a country that allows Indian nationals reciprocal rights to practice in their country. Foreign Direct Investment is not permitted in this sector, and international law firms are also not authorized to open offices in India. Foreign services providers may be engaged as employees or consultants in local law firms, but they cannot sign legal documents, represent clients, or be appointed as partners.

In 1994, two New York-based and one London-based law firm had sought permission from the Reserve Bank of India (RBI) to begin liaison office activities in India to advise and assist non-Indian clients in connection with their activities in India and outside India. The three law firms, White & Case (New York), Chadbourne & Parke (New York) and Ashurst Morris Crisp (United Kingdom) were granted permission under the Foreign Exchange Regulation Act (FERA) to start liaison activities. However, in 1995, Lawyers’ Collective, a public interest trust set up by lawyers to provide legal aid, moved Bombay High Court challenging the right of foreign law firms to “practice law” in India. The High Court had held that the practices engaged by these firms amounted to “practicing the law” and hence were not to be permitted. The Foreign Law Firms had challenged this judgment to the Supreme Court, which remanded the case back to the High Court to hear and decide.

Today there are about 38 ‘magic circle’ firms with their liaison offices or referral relationships with their Indian counterparts, while others strike up informal associations.

 

Regulations:

For the purpose of regulating the legal service and the practising of lawyers in the courts the Indian legislature has enacted the Advocates Act which has provisions for the supervision of the legal arena.

Sec. 24 of the Advocates Act requires that only natural persons who are citizens of India can be enrolled as Advocates. This section also provides that apart from other provisions contained in the Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practice law in that other country.

Sec. 33 of Advocates Act: Advocates alone entitled to practice: Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practice in any court or before any authority or person unless he is enrolled as an advocate under this Act.

Sec. 47 of the Advocates Act subjects of any foreign country, which discriminates against the citizen of India in the matter of legal practice, shall not be entitled to practice in India. It also empowers the Bar Council of India to lay down conditions subject to which foreign subjects may be recognized for being enrolled as an advocate.

Rule 2 of Chapter III under Sec.49 (1) (ah) of the Advocates Act reads as: An Advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any person or legal Practitioner who is not an Advocate.

Even if a foreigner is allowed certificate of practice law in India, he has to secure permission from RBI if he desires to acquire foreign exchange and remit the same outside India under Sec. 29 and Sec. 30 of the Foreign Exchange Regulation Act, 1973. Although the Foreign Exchange Regulation Act has been repealed we have similar provisions in the Foreign Exchange Management Act, 1999 which is the successor of the previous Act.

Sec.11 of the Companies Act provides that a partnership or any other form of association with more than 20 partners if not registered as a company, shall be an unlawful assembly. Thus Indian law firms cannot have more than 20 partners.

Apart from all these barriers the legal fraternity in India is neither too interested in allowing their foreign counterparts to rub shoulders with them and is quite adamant and opinionated on the opposition of the globalization of the six hundred crore large legal service industry.

All these enactments, legislations and hostility make the legal services field a difficult sphere to tread on and also make the option virtually impregnable and highly unattractive for the foreign entities to set foot in the Indian legal scenario.

Change is in the air:

But the winds of change have started blowing and that too in the right direction. The Indian government is planning to liberalize its stand on the opening of the legal market and is keen on deciding to make it a level playing field. There has been a change in the government’s policy and course of action. The government is in favour of allowing foreign law firms and lawyers to open up offices in the country, although it has evoked mixed reactions amongst the legal fraternity. In terms of professional demand, there is a shortage of legal experts to the tune of 22%, according to a FICCI report.  The Government has shown interest in making Limited Liability Partnerships (LLPs) a reality in India and has taken efforts to have an enactment in place to govern it. This would enable foreign law firms (as well as accounting firms) to have tie-ups and associate offices in India and can come into operation in this manner. The Bar Council is also looking into the requests for relaxing the constraints on advertising the legal profession.

India being a signatory to the General Agreement on Trade in Services (GATS), which is an organ of the World Trade Organization (WTO) and whose objective is to facilitate free flow of services across the world, is under an obligation to open up the service sector to Member Nations and the legal profession is also taken to be one of the services which is included in GATS.

 

“Services” would include any service in any sector except services supplied in the exercise of governmental authorities as defined in GATS. “A service supplied in the exercise of governmental authorities” is also defined to mean any service that is supplied neither on a commercial basis nor in competition with one or more service suppliers. Since India is a responsible prominent and founder member country of the multilateral trading system, it must endeavour to abide by its commitment to the WTO.

 

With all these tribulations and the development of favourable environment, the advent of foreign law firms seems to be not quite far away. But before allowing the foreign law firms to operate on the Indian soil, there are a few grounds works which should be done in order to make it a smooth process for both the parties.

 

Some restrictions should be provided for the incoming firms which off course have to be reasonable enough to give them a fair chance in the light of “equality of opportunity”. Adequate safeguards and qualifications should be provided for besides reciprocity. Before the opening up of the legal profession, there is need to introduce advance-level legal courses in the country. We have enough talent and endeavour to beat anyone in the world. As long as the basic principles set out by International Bar Association, that is, fairness, uniform and non-discriminatory treatment, clarity and transparency, professional responsibility, reality and flexibility are met, the entry of the Foreign Law Firms should not pose any problems.

 

Anything that improves competition would be a welcome development. But there is going to be a long cause and effect list because of the entry of the foreign law firms. Sooner or later the trend of liberalization is going to takeover the restrictive mode of the Indian market. A close analysis of the changing scenario with respect to the entry of foreign law firms has to be done in order to arrive at the outcome as to what can be the benefits and how are we going to be affected by the homing prospect.

 

 

 

 

The arguments in the favour of making the legal services market transparent and open are:

 

The first and foremost to be affected would be the Indian law firms and lawyers. The immediate impact on Indian law firms would be of hugely increasing competition for work from foreign law firms. From the lawyer’s point of view, working with international law firms and opening up of this sector in India would throw open a gamut of opportunities for aspiring lawyers to learn, develop and further their careers. Any resistance is due to a rash assumption about the threat of competition. Moreover, allowing foreign private law firms in India will certainly help the lawyers get better job opportunities and break the monopoly of a handful private law firms working in India.    

 

Indian citizens would also be affected as the entry of foreign law firms is expected to increase the professionalism and quality of conduct in the legal profession. As legal standards improve, the cost of legal services may go up but cannot go up significantly given the vast pool of legal professionals in India. It can very well be said that the Bar Association of India is fully cognizant of the un-savoury legal practices and will be able to regulate against them. Overall, the Indian citizens and the clients will benefit from the entry of foreign law firms as they will be facilitated by a wider array of expertise from the industry. They should also be allowed so that they bring with them a fresh brand of professionalism, competence and expertise that the legal profession here has failed to develop on their own.

The clients of foreign firms, mainly multinationals, would offer considerably higher pay package than those offered in India and the opening up of legal services would bring in foreign investment with them which in turn would be helpful and supportive in the overall growth of the economy. More to the point is that the foreign law firms will be ready to lend a hand in the creation of jobs in the legal market.

 

It will allow firms to outsource price-pressured commoditized and mid-level services to their own offices in India, rather than referring the work to other local firms, so keeping a tighter grip on quality and client service and improving communication and collaboration efficiencies. Apart from foreign law firms’ familiarity with global operations of foreign owned businesses, they also provide higher comfort to the headquarter staff of foreign businesses and permit flexibility in access to a variety of legal service providers.

 

Foreign law firms have tie-ups and associate offices in India with whom they continue to work. So, even if they have not set up offices in India, they have liaison offices or India departments that effectively do the work. If we allow them more transparency and open up the avenues for their full fledged offices it will not only help remove the ambiguity but will provide a ubiquitous disposition and will moreover concretise the prevailing concept. 

 

Although the initiation of the foreign firms would come as a rude and uncouth shock to the most of the lawyers who consider the profession as their birth right but would be accommodating in curbing the personal fiefdoms in the field which is created by some of the family run partnership firms working on feudalistic lines, bereft of professionalism and vision.

A significant number of Indian law graduates are being recruited or are poached, either as associates or as trainees, by the leading law firms outside. For the last few years, the leading law schools have attracted the attention of foreign law firms in their campus recruitment programmes. So the moral of the story is clearly written on the wall that if we do not allow the foreign firms to cross the threshold they will take away the brightest of our law graduates nurture them and make us the victims of brain drain. This would make the legal field tantamount the engineering colleges where in the talent is poached by foreign companie

The reasons why the Indian legal market should not be unwrapped to the world are:

The opening of the Indian legal market is not only prejudicial to the interests of the Indian legal profession, but liberalisation also has important implications for the nation. The legal profession is instrumental to the administration of justice. To permit foreign lawyers to encroach on this extremely important aspect of a democracy could be contrary to public interest. A symbiotic system of co-existence that has succeeded in meeting every need of a client has always been in place. This system has worked well for decades and there is no reason why it will not work in the future.

The effect of the expansion of the market will be a shift by Indian corporate clients to foreign law firms who offer services on a scale that Indian law firms cannot presently match. Those Indian law firms that provide services in commercial law can expect to find themselves under severe competition, and perhaps even forced out of business. The fear then is that foreign law firms will end up eliminating their Indian competitors and will create a situation similar to that which exists in the field of accounting.

There is a stark difference between the nature of the legal tradition in India and those of the foreign firms, which are representative of a legal culture of ambulance chasers. Globalization and liberalization of the legal field is resisted on the ground that in India rendering legal advice is a service to society and hence there exists restrictions on soliciting and advising.

The Indian Law Firms argue that they are not prepared for the onslaught in the form of competition from global firms and the proposal to open up the legal service sector is premature as Indian law firms are at a nascent stage of development. Some firms also claim that allowing corporatisation will destroy the values of the local industry, turning lawyers into mercenaries.

There is no comparison between the legal sector and other sectors. No country has thrown open the sector overnight. Japan took 20 years. Korea has been deliberating for more than 10 years. And Japan, Korea and China had other reasons for liberalisation - language barriers, cultural differences and inherent inadequacies. US also has the most rigid rules on foreign firms. India, on the other hand, is quite self-sufficient. So, India should not be in such a tearing hurry to open up the market and rather give it a prudent thought.

 

Conclusion:

It is a quest of balance of advantage. It is a common phenomenon in India that prior to liberalization of any sector, there is been widespread opposition for example the Insurance sector. The reason for this appear to be that corporate law remains more or less homogenous across borders. The fact remains that India is in the process of globalizing its economy. In the process, the legal market opening up to competition from the international legal market is rather inevitable. Instead of deliberating about the advantages and disadvantages of the legal markets being opened up to foreign firms, it is perhaps more sensible to accept that the entry of foreign firms in India is only a matter of time. This should be seen as an opportunity: for the law firms, of competition, and for the graduates, as a wider range of employment options.

Advocating protectionism is taking a parochial and myopic view. Parochial, because liberalization will only shut-shop for uncompetitive entities, which are a burden on the economy. Myopic because the long term benefits should be the driving consideration for policy makers. Liberalization of services involves fairly painful short-term adjustment costs, which requires that the institutional and regulatory environment be strengthened before hand. Once these are put in place the Indian economy can take the advantage of entire Asian market both drawing inwards and supplying outwards the services of legal professionals. If India held back, it risked “missing the boat” on a change that would give it access to needed legal expertise and increase the opportunities for local lawyers to do international work.

The matter regarding entry of foreign firms and lawyers into India requires in-depth deliberations and should be carefully considered in consultation with the Bar Council of India(BCI), All India Bar Association(AIBA), Supreme Court Bar Association(SCBA), Bar Association of India(BAI), Society of Indian Law Firms(SILF) and other bodies of the legal profession before a final decision is taken. In the light of the above discussion the following recommendations will be of great importance and will help the industry to take it further.

·         The law ministry, the Attorney General’s office, the BCI and some leading Indian law firms and lawyers ought to form a committee and set up the rules for foreign lawyers practicing in India.

·         The guidelines for advertising in law directories, maintaining websites, publishing of firms brochure, etc, ought to be streamlined.

·         The law prescribing a limit of 20 partners should be reviewed and the concept of limited liability partnership adopted.

·         Professional negligence insurance should be made compulsory for all lawyers.

Reference and bibliography:

1.       Should foreign law firms get entry into India? By Dhananjay Mahapatra.                                                            ( http://timesofindia.indiatimes.com/articleshow/1309940.cms)

2.       Law firms given hope of India breakthrough Michael. by Peel and Joe Leahy. (http://www.rediff.com/money/2008/jun/10india1.htm)

3.       Should foreign law firms be allowed into India? By Cyril Shroff.                                                                             ( http://indianeconomy.org/2008/02/16/liberalization-its-good-for-them-but-not-us/)

4.       Foreign Law firms in India: Legally, the world may not be flat by fiorz Ali k (http://www.thehindubusinessline.com/2007/12/21/stories/2007122150280900.htm)



Opposition to foreign law firms’ entry by Legal Correspondent The Hindu. (http://www.hinduonnet.com/2005/09/09/stories/2005090902201500.htm)

“Entry of foreign law firms will cause havoc” by Legal Correspondent, The Hindu. (http://www.hindu.com/2005/05/21/stories/2005052103031300.htm)

The Advocates Act,1961 (Act no. 25 of 1961)

Foreign Exchange Regulation Act, 1973 (Act 46 of 1973)

The Foreign Exchange Maintenance Act, 1999 (Act no 42 of 1999)

The Companies Act, 1956 (Act no. 1 of 1956)

You just cannot stop the entry of law firms by Partner, Fox Mandal Little. (http://www.financialexpress.com/news/You-just-cannot-stop-the-entry-of-foreign-law-firms/181568/3)

FICCI Arbitration and Conciliation tribunal (FACT).                                                                                 (http://www.ficci-arbitration.com/htm/news-clipping/news.htm#1)

Openness is key to the future by David Lewis. (http://www.livemint.com/2008/05/13232918/Openness-is-key-to-the-future.html)

 Law Commission of India ,184th Report  on The Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956

Foreign law firms are already present in our country by Asha Nayar Basu

UK’s Indian lawyers want two-way street by Sudeshna Sen, (http://economictimes.indiatimes.com/rssarticleshow/msid-2570437,prtpage-1.cms)

 India’s legal market on the cusp of inevitable change By Reena SenGupta (http://www.rsgconsulting.com/doc/articles/article_india.pdf)

Indian Court Ponders Opening Legal Market to Foreign Firms by Richard Lloyd (http://amlawdaily.typepad.com/amlawdaily/2008/05/a-mumbai-court.html)

INDIA (http://www.ustr.gov/assets/Document_Library/Reports_Publications/2006/2006_NTE_Report/asset_upload_file294_9248.pdf)

Bar Council of India resolution opposes entry of foreign firms by Malathi Nayak (http://www.livemint.com/2007/11/19225307/Bar-Council-of-India-resolutio.html)

Lowering the bar, a report by Ben Frumin. (http://www.indilaw.com/pdfs/Is%20India%20ready%20for%20foreign%20lawyers.pdf)



 

 

 

 

 



Website content

damey asked:


Normal 0 false false false MicrosoftInternetExplorer4

/* Style Definitions */

table.MsoNormalTable

{mso-style-name:”Table Normal”;

mso-tstyle-rowband-size:0;

mso-tstyle-colband-size:0;

mso-style-noshow:yes;

mso-style-parent:”";

mso-padding-alt:0in 5.4pt 0in 5.4pt;

mso-para-margin:0in;

mso-para-margin-bottom:.0001pt;

mso-pagination:widow-orphan;

font-size:10.0pt;

font-family:”Times New Roman”;

mso-ansi-language:#0400;

mso-fareast-language:#0400;

mso-bidi-language:#0400;}

The job of a art lawyer in New York is not limited to making contracts but there is much more. Depicting a landscape or a human emotion both in terms of art, and literature is not an easy task. But some have made them their forte. Seeing the popularity of great artist and great writers, people tend to copy their paintings or publish part of their work without any permission and also sell them.

 

This is not all. People on seeing the beauty of the paintings and the dollars they worth out of greed stole them. They may cut the frame and role the piece of art into tube carrier and sell them later on. To avoid this or any other crime, art lawyer New York services can be hired. They fight for the cases, make contract notes, which prevents first the misuse of painting and secondly protect the right of the artist.

 

Definitely you would have come across one of the popular art theft that included popular works like Last Judgment Triptych By Memling, Gainsborough’ The Duchess of Devonshire, The Mona Lisa, Panels from the Ghent Altarpiece and others. For some thefts like one of Mona Lisa’s painting, the thief did serve few months in jail. at times you would have come across in news, that particular art is being used by the criminals as collateral for selling drugs and weapons.

 

You might be thinking is the job of a Art Lawyer New York limited and do they fight for the rights of the artist? What if I have purchased a painting and have become the victim of fake art seller? This is an obvious question with so many vendors, and art galleries coming up. In order to make profits, they buy fake paintings and sell them at much higher prices. Don’t you worry, if you have fallen in their trap… A good art lawyer New York, will help you. Whenever you have realized such thing has happened to you , it’s better to consult them. They will legally help you in getting back your hard earned money….

 

But at times, it has been seen that the customers buy the painting from gallery and haven’t paid the money… then what? As the owner, why should you bear the brunt… In such cases the art lawyer will fight the case from the side of the seller and get the money he deserves.

 

Hence, the job of a art lawyer is to fight for the rights of the people. If you are looking for an Art Lawyer New York, then browse through the Internet. These days various attorney firms offer competent lawyers. So you can contact them. But before hiring one Art Lawyer New York for your case, check out his record of accomplishments. It with their support one can easily win their case.

 



Create a video blog

damey asked:


When your marriage is at the verge of a break up, many people do not realize the importance of their rational and practical thinking. Many of them get overwhelmed by emotions and often leave various things uncontested and regret their costly mistakes later. Hence, hiring a divorce lawyer NYC is very important to assure that you do not make these mistakes. Apart from the good legal advice, they also help you deal with legal technicalities and paperwork that needs to be prepared for your divorce. A reliable lawyer by your side is a great support to you during this tough phase of your life.

In fact, many good divorce lawyers in the New York City also help their clients overcome the emotional trauma and start their life anew. Your lawyer is your representative in the court of law and thereby fights for your rights for which you are eligible according to the New York state divorce laws. This involves your rights over the custody of your children, your joint back account amount, division of property, alimony, child visitation and others.

This is why, it is very important to select a divorce lawyer NYC who is easy to talk with, with whom you can share your experience of marriage as to why you are seeking divorce so as to make the lawyer know the case better and analyze the grounds on the basis of which divorce can be sought. Common basis on which divorce is sought by married couples are physical abuse, extra marital affair of the spouse, incompatibility and many others.

However, there are many couples who separate and do not stay together in life but do not seek divorce due to the expenditure involved in divorce cases. Nonetheless, to claim your rights such as alimony and others, it is essential to file a divorce case in the court of law. The divorce is granted by the court along with the clearly defined terms and conditions about the claims of both the partners in everything from assets involved to child custody.

Hence, for the smooth working and timely progress of your divorce case, it is better to rely on divorce lawyer NYC. There are also certain formalities that need to be fulfilled by both parties for legal separation to present their eligibility according to the New York state laws for the grounds on the basis of which divorce is sought. Without the help of an efficient and confident lawyer, this can make the situation go worse for you. It is essential for both parties to have a complete contract that states that both the parties consent to live separately from now on.

So, from attending to all your legal formalities to providing you the peace of mind from the emotional trauma that you are undergoing, divorce lawyer extends a great helping hand to you. You simply need to hold this hand and place your trust in them. So, what are you waiting for? If you are stuck in any such situation, call a divorce lawyer before it’s too late.



Create a video blog

Joseph Potashnik asked:


NEW YORK ARRAIGNMENT

While some criminal defendants see the clouds gathering over their heads long before the arrest, most people caught in the criminal justice system had no idea that they would become defendants in a criminal case. In New York, the first criminal procedure arrested individuals encounter after booking is an arraignment. In this article I will touch on what New York City arraignment is and what to expect before, during, and after it.



WHAT IS AN ARRAIGNMENT?

An arraignment is the first appearance of the defendant in court where he is informed of charges filed against him, advised of the right to counsel, and provided with a copy of the accusatory document. The law requires that arraignments must be conducted without unreasonable delay following the defendant’s arrest, which means within 24 hours. In New York City, it is not unusual for the defendant to spend more than 24 hours in jail prior to getting to see the judge. During this time it is often impossible to get in touch with the arrested person and relatives will not see him or her until court.

Most cases never reach trial and arraignment may be the most important part of the criminal proceeding against him, although it only will last several minutes. The outcome of an arraignment will be releasing the defendant, setting bail, or keeping the defendant in jail until further appearances. The arraignment judge has the sole authority to decide the matter of bail.

NEW YORK ARRAIGNMENT IN SUPERIOR COURT



Most NYC arrests are processed in local (as opposed to Superior) criminal courts. There are only two ways to prosecute an offense in a superior court: by an indictment filed with the court by a grand jury and a superior court information filed with the court by a district attorney. The defendant must be arraigned right after the district attorney files an indictment with a superior court.

At an arraignment, the court will inform the defendant of the charges against him. The defendant has the right to be represented by counsel at the arraignment and at every subsequent stage of the action. If the defendant does not have an attorney at arraignment he has the right to adjourn the hearing to obtaining counsel, the right to communicate by telephone to obtain counsel and informing a relative or friend that he has been charged with a crime, and the right to have an attorney assigned by the court if the defendant is financially unable to hire an attorney.

If the defendant wants to proceed without a lawyer, the court will allow the defendant to do so, provided it is convinced that the defendant understands the significance of this decision. If the court is not convinced, it may not proceed until the accused is furnished with an attorney, either of the accused’s own choosing or by assignment. A defendant who proceeds pro se at arraignment does not waive his or her right to counsel, and the court must advise the defendant that he or she may exercise that right at any stage of the action.

WHY IT IS IMPORTANT TO HIRE A PRIVATE ATTORNEY FOR AN ARRAIGNMENT

Appearing with your own attorney at an arraignment will achieve several benefits. First, it is not unlikely in New York City that police officers misinform defendants as to precise nature of charges against them. These defendants are then surprised at the arraignment to find out that they are accused of much more serious crimes. Depending on particular charges, defendants may make certain procedural decisions, which would affect the entire case and if made incorrectly, may prove disastrous in future. For example, in some cases a refusal to sign certain waivers will automatically deny the defendant the ability to plea bargain and could result in a much harsher sentence. An experienced criminal defense attorney has better chances to find out about the charges and advise defendant as to the best course of action.

Second, many defendants are questioned by police while in custody and feel “obligated” to answer questions with extremely damaging results. The fewer questions are answered without the presence of an attorney, the better it is for the defendant.  The key is to retain an attorney early enough to stop the police from questioning the defendant if possible. This could provide the best protection to a client because officers may obtain potentially harmful information and evidence from the arrested individuals before the arraignment.

Third, presence of a privately retained counsel raises the “status” of the defendant before the court. This may indicate that the defendant is a responsible individual who cares about his case and himself enough to obtain a lawyer. It also shows that the defendant may have family or community roots (if the attorney is retained by the family or friends who are also present in the courtroom). In general, retaining a counsel will provide a sense of security to worried relatives who are absolutely lost in the criminal process jungle and often cannot obtain even basic information about their loved one’s case. A lawyer will personally screen the case and explain the process to the relatives as information is coming in.

Defendants who are not represented by private attorneys are provided with an appointed lawyer, usually working for one of the legal aid groups. These attorneys are knowledgeable and capable but they are usually extremely busy as each is handling dozens of cases daily, sometimes in different courtrooms.  Because of their busy schedules, they are not able to give a particular case as much attention as a private attorney would. In practically all cases, court-staffing attorneys receive defendant’s files literally immediately before the arraignment itself. However, if the defendant has not yet been processed by the court system, the case is not assigned to an attorney and relatives will not receive any information about their loved one until the case makes its way through the system, which takes long grueling hours.   

SETTING BAIL IN NEW YORK ARRAIGNMENT



When judges decide whether to set bail in a particular case, they consider many different factors, including seriousness of the charge, prior criminal history, prior warrants, ties to the community, etc. “Ties to the community” is a broad term. Any connection or factor that may reduce the flight risk or would indicate that the defendant is not a public threat is helpful in either avoiding bail completely or having a reduced bail set. Among the factors to determine whether a person has sufficient ties to the community are the following considerations:

· Family in the community (having family and friends in the courtroom is a very good benefit)

· Citizenship

· Home ownership

· Employment history and status

It is impossible to predict with any certainty the amount of bail in a given case. There are, however, many factors, which should be considered and some very general estimates could be produced. While in many cases the defendant may be released on his own recognizance (ROR), in some cases bail will be set. The amount of bail depends on the seriousness of crime and the defendant’s prior criminal history. Particular judges also have their own preferences in setting bail.

If you or your loved one is arrested in New York City, call our New York criminal defense attorneys for a free phone consultation.



Create a video blog