Category Archives: Criminal Defense

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How Do I Post Bail?

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To post bail there are two types of bail- cash bail and bail bond.

how-do-i-post-bail

 

Post Bail  – Cash Bail

If both the person who will post bail and the defendant are in court, cash bail can be posted in the courthouse, and the defendant can be released before being transferred to jail. This most commonly occurs at the initial arraignment. If you plan to post bail for a defendant following an arraignment or other court appearance, you should tell a court officer, so that the defendant will be held in the building for release. Bail posted in the courthouse must be paid in cash; the courthouse cashiers do not accept any form of check.

Bail can also be paid at the Justice Center in Syracuse, NY, Local Justice Courts and other various City Courts and jails. Jails will accept certain kinds of certified or government checks as well as cash, but there are restriction on the amount and type.

Post Bail – Bail Bond

If you are posting a bond, you will need to find a bail bondsman. They can be located through the yellow pages or online, and often have offices near the courthouse. Bail bondsmen must licensed by New York State; make sure you deal with one who has a valid license.

How Do I Get My Bail Money Back?

If the defendant has made court appearances as required, cash bail should be returned at the end of the case. When the case is over, the judge should issue an order for the return of bail (“exonerating” the bail). The Local Court, City Court or Justice Center, Sheriff’s Department will issue a check to the person who deposited the bail. If the case has ended in a conviction, 3 percent of the bail will be kept by the government. If your bail has not been returned after 6 weeks you may wish to contact an attorney to assist you in its return. You should have your bail receipt available when you call, so that you can provided the information they will need to find the case.

What If My Bail was Forfeited?

If a defendant does not come to court when required to do so, the judge may order that bail be “forfeited,” or kept by the City. There is a procedure, called “remission of forfeiture,” which allows a person who posted bail to apply for it to be returned if it has been forfeited. Some people hire a lawyer to do this, but you can do it on your own if you cannot afford a lawyer. Keep in mind that there is a strict deadline for a “remission of forfeiture” application: you must apply within one year of the date that the court ordered the bail forfeited. If the bail was forfeited in Supreme Court (a felony case), the application must be made to the court that issued the forfeiture order. If it happened in Criminal Court (a misdemeanor case), the application is made to a Supreme Court judge in that county.

An application for “remission of bail” must be made in writing. If you are proceeding without a lawyer, you should ask the court clerk for instructions about how to proceed.

What if I can’t post the cash bail or bond?

First, you or your family member has to find out when you are scheduled to go in front of the Judge.  Hiring any attorney to help you convince the Judge not to set a high bail or release you on your own recognizance is suggested.

If they won’t set bail, this means you may have two prior felonies.  You will need an attorney to obtain a bail hearing in front of the Judge able to set bail under those circumstances.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See also:

SHOULD I TALK TO POLICE?

 Criminal Charges and Defense

 

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SHOULD I TALK TO POLICE?

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balduf-syracuse-criminal-lawyerTALKING TO THE POLICE CANNOT HELP YOU.

If the police are talking to you, it’s because they suspect you have committed a crime. Often law enforcement personnel start by saying they do not actually suspect you.  That they are looking at someone else for the crime.  They just want some information from you. Remember if the police lie to you– this does not protect you from the statements you make.

Anything you say can be used against you even if you think it has nothing to do with the criminal case being discussed.

Any admission might be used later on to put you or someone you care about, at the scene, with someone like a co-defendant or co-conspirator, and would be one less thing the prosecution would have to prove.  You will hand them what they need on a silver platter.  Even if you are innocent, and you only tell the truth, and you don’t tell any little white lies, it is possible to give the police some detail of information that can be used to convict you.

The benefit to having an experienced attorney represent you is that your response is “please contact my attorney”-then say nothing else.  Most people look to hire a lawyer after they have been arrested and charged with a crime.

But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all.

WHAT IF THEY THREATEN TO THROW ME IN JAIL.

Remember, you are never obligated to talk to the police. But they may keep calling if they want to question you, for whatever reason.

They can come to your home, or your work and the continuous requests and contacts they make can be quite threatening and intimidating. They are calling to you gather evidence for a case, very possibly against you.

Don’t talk to them even if they threaten to put you in jail if you don’t talk with them.  If they have detained you, it’s because they already have enough evidence to arrest you and want to see if you will make some kind of admission and thus, give them an even stronger case against you. Seldom is confessing or giving law enforcement a stronger case a good way to stay out of jail.

Be wary, even if successful in staying out jail for a day your statement could ultimately land you in jail for years.

For some reason so many people think they are savvy enough or eloquent enough or well educated enough to be able to talk to the police and convince them not to arrest them.  You are not smarter than the police.  No one ever talked his way out of an arrest—and you prove this if you talk to them without representation.

EVEN IF YOU ARE GUILTY AND WANT TO CONFESS AND GET IT OFF YOUR CHEST..DON’T TALK TO THE POLICE.

People plead guilty every day.  There is plenty of time to confess and admit guilt at a later stage of the proceedings. What’s the rush? Get a lawyer first. Let the lawyer set up a deal whereby you get something in exchange for accepting responsibility for the offense. A better plea bargain, or maybe even immunity. If you confess to the police, you get nothing in return. Zero. In fact, you probably get a harsher prosecution because the state’s case is now airtight, now that you have confessed.

EVEN THE INNOCENT CAN GET CAUGHT IN A LIE.  THERE ARE NO GUARANTEES OF AN ACCURATE ACCOUNT OF YOUR STATEMENT BY POLICE.

But no matter what you say, anything could be misconstrued, misinterpreted, or otherwise used against you. There is no Miranda in effect if the police are just talking to you, and you aren’t under arrest. And even then, Miranda does not offer the protections most people think it does.

Police can take what you say out of context, and deliberately or accidentally misunderstand your statement, and turn it around against you. If you don’t talk to the police, they won’t have anything they can say about you.

A person who is completely innocent and asserting their innocence can simply deny some insignificant fact, tell some little white lie or simply make an inadvertent mistake of fact in their effort to sound as innocent as possible. But if the police have evidence that you claimed something that was not true it makes your entire statement look like a lie.  Can’t you see it now….just like on TV the prosecutor will ask:“Why did he lie to the police? Why indeed would he lie to the police, unless he were guilty?” Your credibility is now shot.

What if the police officer remembers something wrong? What if he remembers you said “X” when actually you said “Y”? If the police officer takes the witness stand and contradicts your statements at trial, it will also destroy your credibility. You can take the witness stand and say “I never said that!” But it’s your word versus a police officer. Who’s the jury going to believe?

IT IS NEARLY IMPOSSILBE TO TELL THE SAME STORY TWICE EXACTLY THE SAME WAY EVEN IF YOU ARE HONEST AND INNOCENT.

If you tell your story one time at trial and you tell the truth and you’re innocent, there’s very little the prosecutor can do by way of cross examination. But if you’ve told your story twice, once at trial, and once previously in a statement to the police, many months apart, the chances are very high that, even if you are telling the truth, some little details in your statement are going to change.

A good cross examiner will pick up on these changes and will relentlessly question you about them in an effort to make it look like you are lying.

THE POLICE DO NOT HAVE THE AUTHORITY TO MAKE DEALS OR GRANT LENIENCY.

People say all the time that they gave a statement to the police because the police told them that they would be better off if they confessed, better off if they admitted what they did wrong, better off if they cooperated. The police will make vague statements that things will go easier on the suspect if he simply admits what he did wrong. The police will also make vague statements suggesting that they will do what they can to help the suspect, that they will put in a good word for the suspect, if the suspect will just come clean.  Yes, they can mislead you and what you say can still be held against you.

So remember the police do not have authority to make deals, grant immunity, or negotiate plea agreements without the direct authority of the District Attorney or US Attorney (in Federal Court). Despite the impression that the police are helping you, they are actually helping themselves.

CAN YOU REALLY PREVENT A CRIMINAL CHARGE?

Not in every case, but absolutely, it often works out that way. If the police simply don’t get enough evidence, then they can’t charge anyone. The case will die.

And if you do still get charged, it was almost certainly going to happen anyway and was not avoidable. So we move on to other defenses and ways to beat the case.

ve committed a crime. Often law enforcement personnel start by saying they do not actually suspect you.  That they are looking at someone else for the crime.  They just want some information from you. Remember if the police lie to you– this does not protect you from the statements you make.  Do not talk to police.

Anything you say can be used against you even if you think it has nothing to do with the criminal case being discussed.

Any admission might be used later on to put you or someone you care about, at the scene, with someone like a co-defendant or co-conspirator, and would be one less thing the prosecution would have to prove.  You will hand them what they need on a silver platter.  Even if you are innocent, and you only tell the truth, and you don’t tell any little white lies, it is possible to give the police some detail of information that can be used to convict you.

The benefit to having an experienced attorney represent you is that your response is “please contact my attorney”-then say nothing else.  Most people look to hire a lawyer after they have been arrested and charged with a crime.

But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all.

WHAT IF THEY THREATEN TO THROW ME IN JAIL.

Remember, you are never obligated to talk to police. But they may keep calling if they want to question you, for whatever reason.

They can come to your home, or your work and the continuous requests and contacts they make can be quite threatening and intimidating. They are calling to you gather evidence for a case, very possibly against you.

Don’t talk to them even if they threaten to put you in jail if you don’t talk with them.  If they have detained you, it’s because they already have enough evidence to arrest you and want to see if you will make some kind of admission and thus, give them an even stronger case against you. Seldom is confessing or giving law enforcement a stronger case a good way to stay out of jail.

Be wary, even if successful in staying out jail for a day your statement could ultimately land you in jail for years.

For some reason so many people think they are savvy enough or eloquent enough or well educated enough to be able to talk to the police and convince them not to arrest them.  You are not smarter than the police.  No one ever talked his way out of an arrest—and you prove this if you talk to them without representation.

EVEN IF YOU ARE GUILTY AND WANT TO CONFESS AND GET IT OFF YOUR CHEST..DON’T TALK TO THE POLICE.

People plead guilty every day.  There is plenty of time to confess and admit guilt at a later stage of the proceedings. What’s the rush? Get a lawyer first. Let the lawyer set up a deal whereby you get something in exchange for accepting responsibility for the offense. A better plea bargain, or maybe even immunity. If you confess to the police, you get nothing in return. Zero. In fact, you probably get a harsher prosecution because the state’s case is now airtight, now that you have confessed.

EVEN THE INNOCENT CAN GET CAUGHT IN A LIE.  THERE ARE NO GUARANTEES OF AN ACCURATE ACCOUNT OF YOUR STATEMENT BY POLICE.

But no matter what you say, anything could be misconstrued, misinterpreted, or otherwise used against you. There is no Miranda in effect if the police are just talking to you, and you aren’t under arrest. And even then, Miranda does not offer the protections most people think it does.

Police can take what you say out of context, and deliberately or accidentally misunderstand your statement, and turn it around against you. If you don’t talk to the police, they won’t have anything they can say about you.

A person who is completely innocent and asserting their innocence can simply deny some insignificant fact, tell some little white lie or simply make an inadvertent mistake of fact in their effort to sound as innocent as possible. But if the police have evidence that you claimed something that was not true it makes your entire statement look like a lie.  Can’t you see it now….just like on TV the prosecutor will ask:“Why did he lie to the police? Why indeed would he lie to the police, unless he were guilty?” Your credibility is now shot.

What if the police officer remembers something wrong? What if he remembers you said “X” when actually you said “Y”? If the police officer takes the witness stand and contradicts your statements at trial, it will also destroy your credibility. You can take the witness stand and say “I never said that!” But it’s your word versus a police officer. Who’s the jury going to believe?

IT IS NEARLY IMPOSSILBE TO TELL THE SAME STORY TWICE EXACTLY THE SAME WAY EVEN IF YOU ARE HONEST AND INNOCENT.

If you tell your story one time at trial and you tell the truth and you’re innocent, there’s very little the prosecutor can do by way of cross examination. But if you’ve told your story twice, once at trial, and once previously in a statement to the police, many months apart, the chances are very high that, even if you are telling the truth, some little details in your statement are going to change.

A good cross examiner will pick up on these changes and will relentlessly question you about them in an effort to make it look like you are lying.

THE POLICE DO NOT HAVE THE AUTHORITY TO MAKE DEALS OR GRANT LENIENCY.

People say all the time that they gave a statement to the police because the police told them that they would be better off if they confessed, better off if they admitted what they did wrong, better off if they cooperated. The police will make vague statements that things will go easier on the suspect if he simply admits what he did wrong. The police will also make vague statements suggesting that they will do what they can to help the suspect, that they will put in a good word for the suspect, if the suspect will just come clean.  Yes, they can mislead you and what you say can still be held against you.

So remember the police do not have authority to make deals, grant immunity, or negotiate plea agreements without the direct authority of the District Attorney or US Attorney (in Federal Court). Despite the impression that the police are helping you, they are actually helping themselves.

CAN YOU REALLY PREVENT A CRIMINAL CHARGE?

Not in every case, but absolutely, it often works out that way. If the police simply don’t get enough evidence, then they can’t charge anyone. The case will die.

And if you do still get charged, it was almost certainly going to happen anyway and was not avoidable. So we move on to other defenses and ways to beat the case.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See related articles:
How Do I Post Bail?

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CRIMINAL CHARGES CAN CHANGE YOUR LIFE.

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criminal-charges-change-lifeCriminal charges can change your life.  Being convicted of felonies, misdemeanors, drug or weapons charges can change your entire life.  In addition to possible jail time, there are lifetime ramifications of a criminal conviction.  The ability to get or keep a job, carry certain types of firearms, and hold certain types of professional licenses are all affected by a criminal history.

The decisions made in your criminal case now will impact the rest of your life. Make sure you call someone with EXPERIENCE to advise you properly and protect your rights.

William Balduf, Esq. understands what you are facing. With extensive experience with criminal law, he has proven time and time again that we have what it takes to handle even the most complex of cases. He know what is on the line and we know how important it is that we tenaciously defend it. For this reason, should you choose to work with William Balduf, Esq. you will be able to breathe easier knowing that we will take your case seriously. William Balduf, Esq. provides superior legal services unmatched by any competitor, without the cost of a large firm.

Regardless of the exact circumstances that you are facing, if you seek legal representation from William Balduf, Esq. he will immediately launch into action. No matter whether you are looking to get the charges dismissed, if you are hoping to at least get the penalties lowered or if you are preparing a case to go to trial, he will apply the same level of high-quality preparation and care. Call now 315 474-5533 or email williambalduf@gmail.com. Make an Apppointment

See also:

Should I Take A Breathalyzer Test?

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Legal Tactics for Child Abuse Charges

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child-abuse-chargesFor all criminal matters and particularly  child abuse charges the best way to handle them is to anticipate the arguments and proof and try to address them in advance, or at least be prepared at trial.  The following are some common tactics and suggestions for ways of handling sex abuse cases:

Before trial the following can possibly be done to help defend child  abuse cases and charges:

  1. The defendant’s statement indicates he was the subject of sex abuse as a  child:  Investigators routinely elicit this information from defendants, perhaps in an effort to seem sympathetic during the interrogation,  but more likely, to attempt to get that information before a jury, which is likely to believe that someone who has been abused in the past will be an abuser.  The U.S. Government Accountability Office surveyed studies and concluded that there was no conclusive evidence that those abused as children would become abusers as adults.  http://www.gao.gov/products/GGD-96-178.  If you have this inflammatory information in the interrogation, a motion can be made in limine to keep it out.  If it’s deemed relevant a Frye Hearing can be requested arguing that if the science does not support this, the evidence should not come in.  An additional agreement here is that even if it does, it’s probative value is outweighed by its prejudicial effect.
  2. The claim that the child’s school performance deteriorated after the alleged abuse:  This is often given antecdotally by relatives.  But again, there is a study that supports a conclusion that there is no correlation between childhood sexual abuse and poor school performance.
  3. A motion could also be made here to preclude the use of any testimony of declining performance by the child, or ask for a Frye Hearing.
  4. CSAAS as witnesses. A motion can be made to preclude them as a witness/expert.
  5. Youthful indiscretions. Particular attention should be made as to whether the prosecution will try to highlight the many children with many mothers. This can possibly be limited by citing People v. Presha  83 AD3d 1406.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See also:

SHOULD I TALK TO POLICE?

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What will hiring a lawyer cost me?

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What do lawyers charge?lawyer-cost

 

What will hiring a lawyer cost me?  This is often the first question that people ask when the first question that should be addressed is:  Which lawyer  has tried cases to successful jury and non-jury verdicts?  If the District Attorney handling your matter believes that your lawyer doesn’t like to conduct jury trials you may not get the offers that would best resolve your situation.  The District Attorney’s office may not consider your specific circumstances in the same manner as when represented by an attorney who will take your matter to a trial if necessary.  Not having a trial experienced attorney will decrease your chances of a positive result.  I have successfully negotiated and successfully tried/litigated cases and that matters!

Of course the question still remains:  What will a lawyer cost you?  Don’t be fooled into thinking that the amount of the legal fees directly corresponds to the level of service and experience you will be getting.

Do you have to shell out a lot of money for legal services? Does it have to cost a fortune?

NO.  When it comes to the  cost for an attorney pay a fair price.  You choose.  Don’t trust words, trust actions.

 

Pay a reasonable price.  Do not look for the cheapest fee.  Do not be talked into the most expensive.  Fair and just representation starts with a fair and just legal fee.  We pride ourselves in offering great legal services for people who need them and that means not overcharging them just because we can.  Call us for a free consultation.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

See related articles:

Do I really need a lawyer for a speeding ticket?

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What is Drug Court and Could it Help Me?

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drug-courtWhat is Syracuse Drug Court and is it right for me?

I am often asked if I think Syracuse Drug Court is a good idea. My answer is that I think drug court is a great idea for certain clients. Syracuse Community Treatment Court  (SCTC) commonly known as Drug Court oversees delivery of comprehensive addiction treatment services under judicial supervision, thereby reducing drug dependency and recidivism in the nonviolent offender and returning him/her to the community as a productive citizen.

The Syracuse Drug Court is supervised by Chief Judge of the Syracuse City Court Hon. James H. Cecile. The judge takes an active interest in all aspects of participants’ lives and supervises their treatment for substance abuse, as well as their receipt of support services. Services include treatment, assistance with education, vocational training, housing, employment and counseling.

Defendants are required to appear regularly before the court for supervision, and emergency hearings for non compliant participants and those in danger of relapse are handled on a case-by-case basis. Treatment and community resource agencies will report to the judge each time before a defendant appears in court. Sanctions for non-compliant behavior can include an increase in court appearances and drug testing, a change in level or modality of treatment, and incarceration.

Drug Court looks to assist the whole person not just through substance abuse treatment but also education, and job training as well.

Eligible defendants must:

  1. Be charged with a non-violent felony or misdemeanor in the County of Onondaga;
  2. Be determined by the SCTC to be in need of treatment for a substance abuse/ addiction problems;
  3. Have no prior convictions for violent felony offenses.

Typically, if a person is successful, misdemeanor charges are dismissed. Successful participants who are facing felony charges will have their charges reduced to the underlying misdemeanor and receive a 1 year conditional discharge.

See also:

What will hiring a lawyer cost me?