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FAQS

Frequently Asked
Questions

Lo Piccolo Law is dedicated to protecting

your rights, your freedom, and your future

at every stage of your case

What do I do if I have been arrested?

Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.

A bench warrant means that court was missed, and if you come in contact with the police or other law enforcement, you will be detained and brought to court involuntarily. IF that happens, your family should contact an attorney to appear with you at court because bail can be set and you can be detained at the local jail.

You can vacate a bench warrant voluntarily by appearing with an attorney at the clerk’s office of the court where the bench warrant was issued. You will then go before a Judge to vacate the warrant. An attorney should be present to advocate for your continued liberty.

Arrest warrants are less common but the same procedures apply in those situations.

Most court appearances are logged in the New York State Courts database, commonly referred to as WEBCRIMS.

https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

Please note that mis-spelling is common and that Desk Appearance Tickets may not appear until a few days before the date on the ticket OR not at all. Sometimes, these cases will not be logged into the system until after that first initial appearance.

New York State Courts, as well as local village courts can be found at: ww2.nycourts.gov

Federal Courts can be found www.uscourts.gov
For Nassau County Jail: app.nassaucountyny.gov

For general information regarding visitation at the Nassau County Jail, please visit: www.nassaucountyny.gov/1892/Correctional-Center

For Suffolk County Jail: www.suffolkcountysheriffsoffice.com/visiting-information

There are rules for each visit so please review them when preparing to visit a loved one or friend.

For Suffolk County Jail:
Suffolk County Sheriff’s Office Visiting Information

For Nassau County Jail:
Money may be deposited into an inmate’s commissary account at the jail, either in the visiting areas or at the bail window during regular visiting hours. Deposits are accepted in the exact amount in cash or by money order made payable to the inmate.

Alternatively, a money order in the inmate’s name may be mailed directly to the jail at:

Nassau County Correctional Center
(MUST INCLUDE INMATE’S CC # HERE)
100 Carman Avenue
East Meadow, NY 11554

To find an inmate’s CC #, please visit:
Nassau County Inmate Lookup

For any additional information, please call the Nassau County Correctional Facility directly at (516) 572-4200.

Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.

Felony charges are the more serious criminal charges in NYS. They range from levels A to E, with A being the most serious and E being the least serious. There are also non-violent and violent felonies depending on the specific facts of each case. The most serious felonies in New York can carry a life sentence, a determinate sentence ranging from 5-25 years for the more serious violent felonies to non-mandatory jail for many non-violent felonies, depending on the accused criminal history.

Misdemeanor charges are lesser offenses ranging from A to B misdemeanors, with A misdemeanors being the more serious offenses. They carry a potential sentence of one year in jail, 3 years probation, or a combination of the two. While less serious than felonies, the risk of a criminal record from a conviction is still real and needs an attorney to advise and defend.

To obtain a Certificate of Disposition, you must go to the Clerk’s Office in the courthouse you were sentenced in or the courthouse where your case was dismissed. You must be able to provide the docket or indictment number, Defendant’s full name, and Defendant’s date of birth. There is a fee of $10.00. If you are the defendant of a sealed case, only you can obtain a Certificate of Disposition and you must provide photo identification.

Our recommendation is to always obtain two copies so you can keep one in case it’s needed in the future as it avoids a second trip back to the Courthouse.

New York does not allow for expungement of criminal records. New York does allow motions for sealing 10 or more years AFTER criminal conviction. An attorney can assist in filing such a motion.

By 2027, New York is supposed to have automatic sealing of certain criminal convictions after three years (subject to a number of conditions) however that is when the process is supposed to begin, but the priority of sealing, as well as the speed of sealing is unknown at this time.

A person who was accused of a crime can obtain their court papers from the Clerk’s Office at the Court where the case ended. Copies may be obtained from your prior attorney, although attorneys are only required to save files for seven years.

When a person has received tickets which were not answered/paid, or from other DMV actions, a copy of a Driver’s Abstract is needed. You do not need to have a NYS Driver’s License to obtain a Driver’s Abstract from NYS. It can be found here: https://dmv.ny.gov/records/get-my-own-driving-record-abstract

To clear the suspensions, fines can be paid but if there are unanswered tickets, you should contact an attorney to discuss your options.

New York State requires an accused’s appearance at each Court appearance. This is subject to an application to waive an accused’s appearance by an attorney.

New York does have limited options for virtual appearances depending on the rules of the local court, as well as the potential for an attorney to appear with an affidavit from the client to resolve a case, subject to an agreement with the District Attorney’s Office and approval by the Court.

What is Bail?

Bail is a securing order to ensure an accused’s return to court. If bail is set, a person is detained at the local jail until bail is posted. If bail is set, it can be posted at arraignments if family is present, 24 hours a day at the local jail, and Monday through Friday between 9:00 AM and 4:30 PM at the court. If you are posting a Partially Secured Bond, please allow at least 2 hours for this process.

Bail Reform was enacted in 2020 and modified in 2023 to give judges more opportunities to set bail on those with repeat offenses and/or other factors that make their return to court less likely.

New York allows three forms of bail when set: Cash, Insurance Company Bail and Partially Secured Bond, which is an option to allow a bond to be posted without requiring a bail bondsman.

How can I Post Bail?

Cash bail can be posted at arraignments if family is present. After the arraignment has ended, and a person is removed to the local jail, cash bail can be posted at the jail 24 hours a day. A Bail Bondsman can also be contacted 24 hours a day to arrange to post a bond on behalf of the accused. Bail bondsmen require a fee and collateral, depending on the amount of the bond required, in order to post bail on behalf of the accused. Bail can be posted locally through a bondsman even if the family is located outside of New York State.

Partially Secured Bond can only be posted at the Court where the case is pending and requires a few hours for the entire process. If posting this type of bond, be prepared to bring supporting documents and to swear responsibility for the bond.

Aside from Bail, the court also has the discretion to direct a person be released to the supervision of the Department of Probation while their case is pending, as well as require an ankle monitor for a minimum of 60 days from arraignment, and direct other actions by a person accused of a crime, such as a drug or mental health evaluation.

A person charged with Driving While Intoxicated can also have their license suspended at arraignment pending the outcome of their case or other DMV-related hearings such as a refusal hearing.

Property is subject to being held as evidence, depending on where and how it was obtained or is being held.

When a car, or property in a car, is held by the police, your attorney can contact the District Attorney’s Office to see if the property is being held as evidence or can be released. Cars used during a crime, meaning when a car is involved in a DWI case, or when guns, drugs or stolen property are found in a car, can lead to the car being held until the case is over, or potentially for forfeiture. An attorney can take steps to try and facilitate the return of property or resolve a seizure of property.

After a case is over, a release from the District Attorney’s Office is required to release property. It can be obtained directly by contacting the District Attorney’s Office where the case occurred.

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Garden City, NY 11530

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