This is my first DUI offense( in new york city . no prior criminal charges I have a desk appearance ticket to get arrained .

It is always difficult to answer these “What can I get? What’s the worst case scenario? How much time am I facing?” questions. Every criminal case is unique — the facts, the background of the defendant, who the prosecutor is, who the judge is, who the victim is all factor into the formula of how a criminal case will end up. All a lawyer can do is give you very general answers that won’t help you — what the minimum and maximum sentences are You need to find a qualified practitioner in your area who can give a free consultation, but even that will likely not be enough time to get a hard and fast answer on the case’s prospect. That will only come after there has been time to examine the evidence that might be presented and testing the available defenses. Sorry if that seems like I am avoiding the answer, but it is really too vague a question to be able to answer in a short format like this. I can give you some general thoughts at best: That the police gave you a DAT greatly increases your chances of being released without bail. If there was no accident or if the reading was not too high then you should be released on your own recognizance. While you will be given a legal aid attorney at arraigment you will be much better off if you have a private attorney represent you at the arraignment as chances are your license will be suspended at arraignment and there are certain motions and hearings you may be entitled to which legal aid may or may not request. I would be glad to discuss the matter with you in a free consultation.

While it is not possible to be 100% certain what a judge or prosecutor may decide on a particular day regarding your case, it does not seem likely that you will be incarcerated at the pending arraignment. Based upon your lack of a prior criminal history and assuming that no one was injured as a result of your conduct, the prosecutor and judge should not seek to place you in jail pending a trial. However, the prosecutor may seek the court to set bail to ensure your continued presence in court. There are numerous factors under New York law judges must consider prior to setting bail. Your attorney will present these factors to the judge and argue for the court to release you on your own recognizance, which basically means you do not have to post bail. Ensuring that you have a reliable and experienced attorney with you for arraignment will maximize your opportunity for a favorable bail determination at arraignment. Good luck!

In all likelihood, if you appear on time on the date indicated on the Desk Appearance Ticket, bail will not be set and you will not be put in jail. However, DWI is a serious charge (especially these days) and serious consequences may result from your decision regarding whether to enter a plea. As such, we recommend consulting with a NY DWI Attorney. www.gallivanlawfirm.com