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  1. #1
    Join Date
    Aug 2012
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    3

    Default Denied Paperwork

    My question involves civil rights in the State of: New York

    My wife was just arraigned on charges that stem back from 6 months ago. During the time of arraignment, she was denied any copies of the accusatory instrument or felony complaint, whatever it may be. They denied me to be present at the arraignment, at the same time they took her at 2pm her attorney waited and was told to leave because the arraignment would be a while and they would call when the judge was avail. Well at 10 pm that night, they finally arraigned her and did not contact the attorney. When my wife asked for copies of the paperwork they told her to have her attorney get it. When her attorney asked for the paperwork they said they need to find it and that was Friday. She has court tomorrow and her lawyer is going to ask for pre-trial release so that she can continue her 12 step and outpatient program, were her civil rights violated by denying her the information on the arrest? We know the charge because of what the Judge said it was, but we have no paper work to look at or go over. What do we do? Please help bring our family back together.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Denied Paperwork

    The arraignment is the formal reading of the charges. I don't know what you think you are getting at with "she was denied any copies of the accusatory instrument or felony complaint". If she wants to look at the court file, it's a public record - but she doesn't get to yank it off of the judge's bench during an active session of court.

  3. #3
    Join Date
    Aug 2012
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    3

    Default Re: Denied Paperwork

    http://legal-dictionary.thefreedicti...om/arraignment 3rd paragraph...

    I only ask this because my Father is a retired Narcotics investigator and said during the arraignment she and her lawyer are to get a copy of the information. She was denied the information and they told her attorney they lost it. Read what I posted this is what I have found, and it states MUST be given a copy...

    But is this a violation of civil right or illegal to deny her this?

  4. #4
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    Sep 2005
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    Default Re: Denied Paperwork

    Your wife was informed of the charge against her, and she was ultimately also given a copy of the information.

    The page to which you link is not an exposition of Louisiana law or court procedure, but let's look at the paragraph you're referencing:
    Quote Quoting Arraignment
    The Sixth Amendment to U.S. Constitution guarantees that defendants shall "be informed of the nature and cause of the accusation against them." But the Sixth Amendment does not guarantee defendants the right to be informed of the charged offense at an arraignment. Although the Supreme Court has ruled that arraignments are a necessary pre-condition to trial under federal law, the Court has also ruled that failure to arraign a defendant is not a reversible error where the failure is inadvertent, the defendant knows that he is the accused, the defendant is apprised of the charged offense, the defendant is able to assist in preparing a defense, and the defendant is not otherwise prejudiced by the lack of an arraignment. Thus the importance and necessity of being arraigned before trial varies from case to case and from jurisdiction to jurisdiction. The law governing arraignment procedures is spelled out by statutes and court rules at both the state and federal levels.
    That has absolutely no relevance to the situation you describe.

    It's not clear who you mean when you say "they told her attorney they lost it", but it's beyond question that the information was available on the date of the arraignment as the judge was able to open the court file and read from it.
    Quote Quoting Louisiana Code of Criminal Procedure, Art. 551. Arraignment of defendant
    A. The arraignment consists of the reading of the indictment to the defendant by the clerk in open court, and the court calling upon the defendant to plead. Reading of the indictment may be waived by the defendant at the discretion and with the permission of the court. The arraignment and the defendant's plea shall be entered in the minutes of the court and shall constitute a part of the record.


    B. Nothing in this Article shall prohibit the court, by local rule, or the defense counsel from providing for a defendant's appearance at his arraignment by simultaneous audio-visual transmission. The court may, by local rule, provide for the defendant's appearance at the arraignment and the entry of his plea by way of simultaneous transmission through audio-visual electronic equipment.
    Assuming "they" means the clerk of the court,
    Quote Quoting Louisiana Code of Criminal Procedure, Art. 498. Copy of indictment or information
    A certified copy of the indictment or information shall be furnished by the clerk of court to a defendant upon his request. Failure to furnish a correct copy of the indictment or information shall not affect the validity of the criminal prosecution, unless the defendant was substantially prejudiced thereby.

  5. #5
    Join Date
    Aug 2012
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    3

    Default Re: Denied Paperwork

    They is the police, they arrested her sat her in booking for however long called the judge had her arraigned at 10pm. They did not allow her attorney to be present and did not give information before time of plea. In NY before you plea you must be able to see the statements and charge against you even if the judge reads it, you have to be handed a copy. What you present makes no sense because she WAS arraigned, DURING arraignment she must receive a copy of the information. Please read what you post before hand, so it states she does not need to be arraigned BUT if she IS then she MUST get a copy of the information or complaint....Is it a legal violation or a rights violation? Thats all I need to know on which way to pursue this....

    - - - Updated - - -

    Just to tell you how shotty this is, they arraigned her behind the dispatch window, not even in a court room while she was handcuffed to a wall.

  6. #6
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Denied Paperwork

    Sometimes they arraign you sitting in a cell, with chains on, via video camera. Next time, tell her to ask for a room at the Hilton for booking.

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