Regardless of what specific area you are dealing with, New York City and its five boroughs, or Long Island the criminal courts will adhere to the New York Criminal Law and the New York Procedure Law.
New York Criminal Attorney
Whether you are dealing with federal charges for a White Collar crime such as Securities Fraud, or are dealing with a DWI charge in state court, a New York Criminal Lawyer or a New York Federal Criminal Lawyer from our office has years of experience with the New York criminal court system as well as Criminal Law. Whether you have a Long Island Criminal Court matter or a New York Criminal Court issue, we can help. Below we have provided some useful information regarding the New York Criminal Court system.
It is important to understand that every criminal defendant that is charged with a crime is presumed innocent. It is the burden of the New York District Attorney or US Attorney to prove that you are indeed guilty of the offense you have been charged with. In criminal law, this guilt must be proven beyond a reasonable doubt.
You may be arrested by a New York or Federal officer is there is probable cause that a criminal act has been committed. This applies whether you are thought to have committed a Burglary, or you have been suspected of committing a Drug Crime or even a Sex Crime.
You Can Be Arrested Two Different Ways:
The most common way an arrest occurs is the police pursue you, or witness you committing what appears to be a crime and arrest you. Once arrested, you will be transported to the local police precinct. This procedure will apply whether you are suspected of anything from Drug Possession to committing Murder. It is important to note that New York Law Enforcement does not have the authority to go outside the state to arrest you and bring you back to New York.
The other way that you can be arrested is if you turn yourself in voluntarily. This can be on your own volition, or you could have been contacted by police and asked to come top the local precinct for questioning. It is vitally important to bring a New York Criminal Lawyer with you at the onset of this process. This hold true even if the police say they only want to ask you a few questions. This is a way for the police to get you in the door, and it is not uncommon for an arrest to follow.
After your arrest, you will be transferred to Central Booking. This is unless you have received a Desk Appearance Ticket (or DAT). A DAT is similar to a traffic ticket in that you are cited for an offense, but will not be taken into custody. You are however, expected to appear and the date and time specified on the DAT. When you are taken to Central Booking, you will be fingerprinted and photographed. Your information will be run though the computer to see if you have a police record. You are not allowed to have a New York Criminal Lawyer accompany you through the booking process. The paperwork that is produced by Central Booking, including your prior record and current charges, will be forwarded to the District Attorney, where your case will be evaluated. The District Attorney or Assistant District Attorney will determine whether you should be charged with a crime, reduce the proposed charges against you, or dismiss the case. After the paperwork is taken care and you have been processed, you will be taken to the Criminal Court for your Arraignment.
You are entitled to have your New York Criminal Lawyer present with you at your Arraignment, which is highly recommended. The arraignment is designed to inform you of the charges that are being brought against you, and will give you the opportunity to enter your plea of not guilty (remember you are innocent until proven guilty). The arraignment process also serves to protect your right to trial by jury, and gives you the opportunity to discuss bail.
After your New York Criminal Lawyer has given his argument, the New York Criminal Court and the District Attorney can do several things:
- Set bail or bond. This must be paid before you can be released;
- Release you on your own recognizance (ROR’D) which allows you to leave without posting a bail or bond;
- You can be kept in custody (remanded) which can extend until you are able to post bail or can be until your case is concluded.
At the end of the arraignment process, you will be given a court date. It is also important to be aware that arraignments are held in various locations. Where an arraignment is conducted has to do with what county you were arrested in.
For more information on arraignments in New York and information specific to each county, refer to New York Arraignment Lawyers on our website for further information.
New York Grand Jury
If you have been charged with a misdemeanor, this section will not apply to you. If however you have been charged with a Felony and a plea bargain has not been reached, your case will go to the grand jury. A grand jury is comprised of 16-23 individuals whose job will be to determine if a crime has been committed, and if you were responsible for the commission of that crime. This is not a trial, so your innocence or guilt will not be determined here. The purpose of this process is to determine if a crime was committed and there is sufficient evidence to move forward. The District Attorney will be allowed to present his case (and witnesses). Cross-examination is not allowed on the part of your Criminal Defense Lawyer.
In these proceedings, Criminal Defense Lawyers are not allowed to give opening or closing statements, call any witnesses or cross-examine the District Attorney. There is also no judge involved. This type of procedure usually does not bode well for the defendant, and makes is fairly easy to indict a defendant.
Arraignment on the Indictment
If the grand jury finds that there is a case, the New York Criminal Court is will arraign the defendant on the indictment. This type of arraignment is very similar to the initial arraignment.
Regardless of whether your offense is a misdemeanor or a felony, the judge will set a motion schedule. The purpose of a motion is to request the Criminal Court to take action in some way with the intention of narrowing down the issues of law before the matter goes to trial. For instance, suppose you were arrested for a DWI, but were not read your Miranda warning, and made an incriminating statement. Your lawyer would ask the Criminal Court for a motion to grant a hearing to suppress a statement, also known as a Huntly Hearing. If your request for the motion is granted, you will have a hearing where the judge will determine if your statement is admissible as evidence in your primary Criminal Court case.
The District Attorney can also bring his own motions, and contest any requests for hearing that you might file. Often your Criminal Lawyer and the District Attorney will work to come to a resolution of your Criminal Case before going to trial, known as a plea bargain. Often in the process of plea-bargaining, the charges are reduced against the defendant. If a deal is reached, your Criminal Lawyer will discuss the terms of the plea bargain with you. You will have the option to accept or reject the offer. If you accept, the District Attorney gets a conviction, and you come out with reduced charges. Your Criminal Lawyer, the District Attorney and the Judge will meet and agree that the arrangement is acceptable to all of the parties.
If a plea bargain agreement cannot be reached, the next step in the process will be to go to trial. In New York, there are two types, a Bench Trial, where the Judge decides the case, or a jury trial, where the outcome of the trial is dependent on the decision of the jury.
In a criminal trial, the District Attorney and you Criminal lawyer will both have the opportunity to prove their cases and allow either the Judge of jury reach a decision (verdict).
In a criminal trial, the District Attorney has the burden of proof to show that you as the defendant committed a crime and is guilty beyond a reasonable doubt. If the District Attorney fails to meet this burden, he/she will not get a conviction from the jury. You as the defendant will be found not guilty (acquitted) and the case will be complete.
In a criminal trial if the defendant is found guilty, or pleads guilty in a plea bargain, the Judge will determine the sentence. The defendant, District Attorney and Criminal Lawyer will appear in court, and the defendant will be given an opportunity to speak. The sentence the Judge imposes can include jail or prison, fines, community service, treatment programs, conditional discharge, or any combination of these.
Once the criminal case is concluded, the defendant will have the opportunity to appeal their case. Issues that can merit an appeal include things like a mistake of law, the length of a sentence, or admissibility of evidence presented at trial, for instance. Most commonly, cases are appealed because of a mistake. It is important to be aware, that a Notice of Appeal must be filed within thirty days of sentencing.
If you have been accused of a crime, or are currently under investigation, contact Elliott Adler, P.C. for guidance. Our office can ensure that your case is handled appropriately, and you receive the legal guidance you deserve. Whether you are dealing with a New York State Court matter, or a Federal Court matter, we will aggressively defend you in court, and ensure that your rights are protected. We will offer you legal guidance as well as a free consultation with your first appointment. Come in to any of our convenient office locations in New York City, including Manhattan, the Bronx, Brooklyn Queens or Staten Island. In Long Island, we have locations in both Nassau County and Suffolk County to serve you.
For you convenience, below is a comprehensive list of the Criminal Courts for New York City and Long Island. We have included phone numbers of the Criminal Court and Central Booking for each jurisdiction.
Manhattan (New York County) NYC
Criminal Court (212) 374-5880
Central Booking (212) 374-5818
Brooklyn (Kings County) NYC
Criminal Court (718-643-5675
Central Booking (718) 935-9210
Bronx County, NY
Criminal Court (718) 590-2886
Central Booking (718) 590-2817
Criminal Court (718) 268-4523
Central Booking (718) 268-4523
Staten Island (Richmond County), NYC
Criminal Court (718) 390-8400
Central Booking (718) 876-8493
Long Island-Nassau County
Police (516) 573-7100
District Court Arraignments (516) 571-3800
District Attorney (516) 571-3800
Criminal Court (631) 853-7500
Police (631) 852-6000
District Attorney (631) 853-4161
A New York Criminal Attorney from our office can provide you with experienced representation. Whether you are contending with a criminal investigation, or are facing a Federal Court matter, contact our office for legal guidance.
We have locations to serve you in New York City, such as Manhattan, Brooklyn, Queens, the Bronx, as well as Suffolk County and Nassau County on Long Island.
The following is only a partial list of the many practice areas we can assist you with: Drug Possession, Murder, and Drug Crimes, Child Pornography, Sex Crimes, White Collar Crimes including Bank Fraud, Securities Fraud, and Money Laundering, Kidnapping, Robbery, Stalking, Parole Violations, and Gun Crimes.
If you are being investigated for a crime, or have been charged with a crime, Contact Elliot Adler P.C. at 212.785.1300 for advice and guidance. We will protect your rights and ensure that your case is given the attention it deserves.