About Edward Martinovich, Esq. Expertise Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me"
I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.
Experience I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.
Education/Credentials I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.
Question My 15 year old was arrested and is being charged with Menacing. He was never read his rights, although come to find out they don't have to. That is a little crazy. My question is this, he was taken to the police station and processed etc... when I got there, I did ask if I would be able to bail him out. They said NO. That he has to stay at the Adams Youth Center until Monday for a detention hearing is held. Nobody has told me WHY I can't get my son out on bail. It is simply no. What do I do?
Answer
You can't get him out on bail because bail is not available in juvenile proceedings. Bail is only available to adults.
To secure a child's release, a detention hearing is held where the judge determines whether he will release the child into the custody of the parent or not...this depends on whether he poses a flight risk and whether he is a danger to the community.
