If you or someone you care about is arrested in New York, it can understandably feel overwhelming. The criminal justice system here is complex, fast-paced, and filled with legal terms that may be difficult to understand, especially when the outcome can potentially have a significant impact on your future.
Having a basic understanding of the stages of a criminal case can help reduce uncertainty and make it easier to navigate this stressful situation. Whether facing a misdemeanor or a more serious felony, understanding the process can offer a clearer picture of what to expect.
The Arrest
The process typically begins with an arrest. However, before the police can make an arrest, they must have reasonable cause to believe that a law has been broken. For lower-level offenses, such as a misdemeanor, the officer may issue a Desk Appearance Ticket (DAT), which is a notice to appear in court at a later date, and no jail time is required. In cases involving more serious charges or if the individual has a criminal record, it is more likely that they will be taken into custody and held until their first court appearance, known as arraignment.
Arraignment
Arraignment generally takes place within 24 hours of the arrest. This is the first time the individual will appear before a judge and be formally informed of the charges against them. At this stage, they will enter a plea, typically “not guilty,” even if they are open to resolving the case later.
The judge will then decide whether to set bail, release the person on their recognizance (referred to as “own recognizance” or “ROR”), or hold them without bail. For certain charges, like DWI, the judge may also suspend the individual’s driving privileges immediately.
Felony Hearing or Grand Jury
If the charge involves a felony and the person is still in custody, the prosecution must act quickly. Within six days, they are required to either present the case to a grand jury or hold a felony hearing. A grand jury is made up of a group of citizens who review the evidence and decide if there is sufficient evidence to formally charge the individual.
If the grand jury votes to proceed, the case moves forward with an indictment. In some cases, the prosecution may have a grand jury indictment before the arrest even occurs.
Motions, Discovery, and Defense Work
After arraignment, pre-trial motions may be filed. These formal requests may ask the judge to exclude specific evidence or dismiss charges.
At this stage, access to evidence held by the prosecution is requested. While New York’s discovery rules are more limited than in some other states, it remains possible for the defense to seek relevant information that could impact the case. In some instances, independent investigations may take place, which could include locating witnesses or gathering additional evidence.
Plea Bargaining
It’s important to understand that most criminal cases do not go to trial. Instead, they are often resolved through plea bargaining. This is when both sides may reach an agreement, typically involving a lesser charge or reduced sentence. The judge still has the authority to accept or reject the deal, but in many cases, it offers both sides a way to avoid the time and uncertainty of a full trial.
Pre-Trial Hearings
If the case continues, additional hearings may be held to focus on whether the police followed the appropriate rules during the investigation. These hearings might cover whether a confession was voluntary or if a search was lawful. If the judge determines that evidence was obtained improperly, it may be excluded from the trial. In some situations, this could lead to the dismissal of part of the case or prompt a more favorable plea offer.
Trial and Sentencing
If no agreement is reached, the case proceeds to trial, which can be held either before a jury or a judge alone, known as a bench trial. The prosecution must prove guilt beyond a reasonable doubt. If the person is found guilty, the next step is sentencing, where penalties can range from probation to several years in prison, depending on the severity of the crime and the individual’s prior criminal history.
Summary
Facing criminal charges in New York can be incredibly stressful and may have lasting consequences. However, understanding the process can help you anticipate what to expect at each stage. Whether dealing with a misdemeanor or felony charge, knowing how the system works can offer greater clarity and reduce some of the uncertainty involved.
Disclaimer: The information provided in this article is for general informational purposes only and is not intended as legal advice. While every effort has been made to ensure the accuracy of the content, the criminal justice system is complex, and individual cases may vary. Readers are encouraged to seek professional legal counsel for specific advice tailored to their unique situation.
