You might be surprised to learn that students whose mother or father is a police officer or prosecutor when asked: What would you tell your child about dealing with the police? The response is “Never talk to the police, or agree to let them interview you about anything, or let them search your car or apartment or backpack without a warrant.
You need to stop for a minute, and let that sink in.
The Right to Remain Silent. You may know the famous “right to remain silent” protected by the Fifth Amendment however do you really understand that the protections of that right are for the innocent people as much as the guilty. Too many people mistakenly assume that someone who remains silent must have “something to hide” or be guilty of something. This is simply not true!
All over this country, prison cells are filled with innocent people falsely convicted for crimes they did not commit
Far too many Americans mistakenly think: “If the police want to ask me a few questions, and I know in my heart I have done nothing wrong, surely it cannot hurt to cooperate with them and do whatever I can to allay their suspicions and clear things up.” That attitude is certainly understandable, but it can be a deadly mistake, and it can land you in prison for a crime you did not commit, perhaps for the rest of your life.
So the take away here is….NEVER TALK TO THE POLICE OR AGREE TO LET THEM INTERVIEW YOU ABOUT ANYTHING, OR LET THEM SEARCH YOUR CAR OR APARTMENT OR BACKPACK WITHOUT A WARRANT….WHY: BECAUSE YOU ARE NOT SMARTER THAN THEY ARE AND YOU ARE NOT SAFE BECAUSE YOU BELIEVE YOU DIDN’T DO ANYTHING WRONG.
Representation in Syracuse for Juvenile Delinquents
It is illegal in the United States for any individual under the age of 21 to purchase or consume alcohol. Any individual under the age of 21 caught consuming alcohol or operating a vehicle under the influence of alcohol may be facing very serious charges. Individuals over the age of 21 are allowed a legal blood alcohol content of 0.07% in order to safely operate a vehicle; however, anyone under the age of 21 can only have a blood alcohol content of 0.02%. If you or your family member was arrested and charged with driving under the influence as a minor, it is vital that you retain the representation of a criminal defense attorney. Choose an attorney to represent you that has substantial experience working with minors and defending their rights and driving privileges after a DWI arrest. Our firm can help protect your future! We practice in Syracuse and it’s suburbs, Oswego, Fulton and Madison Counties.
Even first-time underage DWI offenders can face significant penalties. If you are between the ages of 16 and 21, you may be tried as an adult. Anyone under the age of 16 will most likely be tried in a juvenile court. I am prepared to defend you in either justice system. First-time offenders face up to a year of jail time, fines and community service requirements. In some scenarios, underage drivers will also have their license revoked until age 21 and be required to reapply for a license and be forced to pay a license application fee. Not to mention, underage drivers who are convicted of a DWI will carry a permanent record of a criminal offense. It is absolutely imperative that all necessary actions be taken to defend your future, driving privileges and your rights. An attorney from our firm can help!
Protecting Underage Drivers
Choose an attorney who understands that your future is important to you. There are times when simple mistakes and poor judgment play a factor in these arrests, and when you work with the attorney from our firm, we will do everything in our power to obtain a positive outcome to your case. When you retain our firm, we actively investigate your case and make sure that your rights were not infringed upon during the investigation, traffic stop or arrest. With the guidance of an experienced legal counselor on your side, you can rest assured that your case will be in good hands. I have done significant work with young people accused of crimes and personally oversees each case. I have both adult and underage children of my own and understand how crucial having a working relationship with them can be to protect their future. In order to ensure that your future is prosperous, it is important that you contact our firm right away. You can contact me for a free consultation to get started on building your defense!
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To post bail there are two types of bail- cash bail and bail bond.
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.