What To Expect From Your New York City Criminal Case: the Basics

There's a lot of misinformation out there regarding criminal law and procedure in New York City. Television and movies might have you believing that courts quickly resolve criminal matters, but criminal courts seldom work that smoothly.

New York's criminal justice system is as complex as its subway system. FindLaw offers this guide to a criminal case to clear up some of the confusion and to prepare you for the legal system. The New York City criminal system is separate from New York State's system unless a suspect enters the Supreme Court for a felony case.

Arrest

Entry into the criminal justice system begins in one of two ways. One is by grand jury indictment. The district attorney's office refers a case to the grand jury, which conducts an investigation and then delivers an indictment if it determines there is enough evidence to warrant criminal charges.

The other way is by arrest. If a law enforcement officer has probable cause to detain someone, they can do so to determine their identity. Probable cause means the officer believes the subject:

• Committed a crime in their presence
• Committed a crime, although not in their presence
• Was lawfully arrested and detained by a third party

Before transporting the subject, the officer will attempt to confirm the subject's identity. Police hope suspects cooperate and answer their questions. Otherwise, the subject goes to the precinct for fingerprinting and photographing to determine who they are. If the subject has any outstanding warrants, they'll be transported to the precinct to verify the status of the warrants.

Desk Appearance Ticket (DAT)

A Desk Appearance Ticket (DAT) is a notice to appear for arraignment. The person must be eligible for a DAT. Officers have the discretion to write DATs for:

• Violations
• Misdemeanors such as shoplifting, minor drug offenses, and simple assault
• Class E felony cases

First-time offenders and nonviolent arrestees are more likely to receive DATs. You must appear for your arraignment if you receive a DAT following an arrest or traffic stop. Otherwise, the judge will issue a bench warrant, and you can expect much harsher treatment when you appear in court.

Central Booking

If a suspect is not released or given a DAT, they go to booking. At Central Booking, police take the suspect's fingerprints and photograph. They check the suspect's criminal history (rap sheet) for prior arrests. A Criminal Justice Representative (CJR) or pretrial services officer interviews the individual.

After booking, several things may happen. These include:

• If the prosecutor decides there is not enough information to continue, they release the subject without charge. That is usually the end of the process.
• Release the suspect on their own recognizance (ROR). If the CJR feels that the suspect is not a flight risk and will return for their arraignment, the judge may not require bail.
• A judge will set bail. The suspect returns to jail until they can contact a bail bond office and post bond.
• Remand, meaning the suspect stays in jail until arraignment. Felony cases Class D and above, bench warrants, and some violent misdemeanors can plan on staying in jail until arraignment.

Arraignment After Arrest

The arraignment is a suspect's first court appearance. If the defendant does not have an attorney, they can request a public defender. A defendant may enter a guilty plea or plead not guilty at the arraignment. The judge can issue a sentence at that time.

The judge can issue an Adjournment in Contemplation of Dismissal, a type of probation. The judge adjourns the case to a later date with conditions that the defendant must meet before trial. If the conditions are not met, the trial resumes.

If the defendant pleads not guilty, the case is set for trial. In New York City, defendants have the option of a bench trial, where the judge is the only fact-finder, or a jury trial in all cases except Class B misdemeanors.

Bail/Bond

Under New York law, judges may not set bail for most misdemeanors and nonviolent felonies. Bail is set for cases where the judge thinks it is necessary to ensure the defendant will appear in court. Domestic violence cases, sexual misconduct, and probation violations are misdemeanors that can receive bail.

The defendant or their family can make bail in several ways. These include:

• Cash bail is accepted at all courts and detention centers. Cash means money, cashier's checks, or money orders not over $1,000. Details for cash bail are available at the NYC Department of Corrections' website.
• A bail bondsman pays the bail and charges the family or defendant a fee. If the defendant does not appear for their hearings, they forfeit the bond. Bondsmen have the legal right to sue the family for the bond amount and pursue the defendant to return them to custody.
• Families and defendants can pay a partially secured bond directly to the court. This bond is refundable if the defendant makes all their court dates. If the defendant misses any hearings, the defendant pays the total amount of the bond to the court.

Felony Cases and Grand Jury Indictment

After the initial arraignment on a felony case, the assistant district attorney prosecuting the case presents the evidence to a grand jury. The grand jury must determine whether sufficient circumstantial and physical evidence exists to bring the case to trial.

If the grand jury issues an indictment on the case, there is an arraignment on the indictment.

Felony Arraignment

The felony case arraignment proceeds like the initial arraignment. The defendant has assistance from counsel and may enter a guilty or not guilty plea. The judge may dismiss the case despite the grand jury's recommendation.

If the defendant pleads guilty, the judge can sentence them immediately or set sentencing for a later date. The judge can also issue requested orders, such as protective orders in domestic violence cases during the arraignment.

Pretrial Process

Once a trial date is set, the defense attorney and prosecution make pretrial motions in support of their case. Attorneys present the motions at pretrial hearings. Defendants must appear at the hearings unless they waive appearance. Pretrial hearings determine what evidence the attorneys will present, which witnesses they will call, and other details.

The defendant can enter a plea agreement at any time during the process. If it appears there is not enough evidence to continue the case, the defense attorney or judge may move to dismiss the case. New York's speedy trial laws require prosecutors to begin felony trials within six months of the indictment.

Trials and Sentencing

Under the U.S. Constitution, all defendants have a right to a criminal trial if they wish. The prosecution must prove the defendant's guilt beyond a reasonable doubt. This means the defendant does not need to present any evidence at a trial, although many defendants do. The prosecution must prove that a crime occurred and that the defendant committed the crime with the required state of mind to commit a crime.

Trials

Trials may result in an acquittal, a guilty verdict, or a mistrial:

• A mistrial occurs when something happens that makes it impossible for the jury to reach an unbiased verdict. The process of selecting a new jury while be scheduled. Prosecutors can choose not to continue to pursue charges.
• Acquittal means that the jury found the defendant not guilty or that the prosecution did not prove its case beyond a reasonable doubt. American criminal procedure law does not have a third option, although some European courts still allow a verdict of "not proven."
• Guilty means the jury believed the defendant committed the crime. Defendants have the right to appeal the verdict to the next higher court, if possible. After one guilty verdict in New York, cases are heard in the Appellate Division of the Supreme Court The Court of Appeals serves as the highest court in New York.

Sentencing

After a guilty verdict or a guilty plea, the judge issues the sentence. Some violent crimes, drug offenses, and sexual offenses have mandatory minimum sentences. Repeat offenders can also expect severe sentencing. Sentencing options include:

• Incarceration for a term of months or years
• Probation
• Conditional discharge, where the defendant is not supervised but has a set of rules they must follow
• Unconditional discharge, where the defendant is released without any limitations
• Fines and restitution

Other New York City Criminal Case Resources

• New York Courthouses
• New York DWI cases
• New York City Bar Criminal Justice Handbook

Get Legal Advice From a New York Criminal Defense Attorney

You should not face criminal charges by yourself. Getting legal help from a New York criminal defense attorney as soon as you've been arrested is a good idea. If you can't afford one, ask for a public defender when arrested. Criminal cases are serious and having a legal expert on your side can make a big difference.