This guide simplifies the arrest-to-sentence process in New York County

What Do The Police Do? Prevent crimes Investigate crimes Arrest individuals suspected of committing crimes

When Is An Arrest Lawful? When the police officer has probable cause to believe that the person being arrested has committed a particular offense When the person is arrested, they are taken into custody.

What Happens When Someone Is Arrested? Once in custody The defendant: may be identified by a victim or witness may make a statement to the police The officers: may search the defendant and confiscate any incriminating evidence (whether it is related to the crime in question or not) The defendant is also fingerprinted

What Happens When Someone Is Arrested? For less serious crimes, the officer may issue a Desk Appearance Ticket (DAT) A DAT releases the defendant until he must appear again for arraignment Or, the defendant may need to stay in custody (in jail) until he is arraigned

Three Types Of Charges In New York: Violations have the lowest sanction and are not crimes Misdemeanors are less serious crimes. They are classified into more serious “A” misdemeanors and less serious “B” misdemeanors Felonies are more serious crimes. They are divided into 5 classes – A, B, C, D, and E. “A” felonies are most serious and “E” are least serious.

What Happens At Arraignment? The defendant is brought before the judge The defendant is informed of the charges against him and a bail determination is made (whether or not he will be released) If the charges presented are a violation or a misdemeanor, then the defendant may plead guilty or not guilty. If he pleads guilty then a sentence will be given to the defendant at that time. If he pleads not guilty then the case continues on If the charges are a felony, then the defendant is not asked to enter a plea

What Is Bail And How Is It Set? Bail is collateral that ensures that the defendant will return on his next court date The defendant is placed in jail, and the bail set is the amount that must be paid to the court in order for the defendant to be released If bail is made, and the defendant returns for all of his court dates, then the money will be returned at the end of the case to whoever deposited the bail However, if the case ends in conviction, then 3 percent of the bail is kept by the government The court may also release a defendant on their own recognizance (if they feel bail is unnecessary) or they may hold the defendant without bail (if they feel the case is particularly serious)

What Happens To Misdemeanors And Violations After Arraignment? If the defendant pleads not guilty, then it goes to calendar parts in Criminal Court If bail is set, and the defendant can not post it, then he is kept in jail If the defendant can post bail, he must return for his next court date. Otherwise, a bench warrant will be issued for the defendant’s arrest After arraignment, the case does not go straight to trial. Other legal issues such as legal motions and pretrial matters must occur first

What Happens To Felony Cases After Arraignment? Felony cases are adjourned and await pending action by the Grand Jury or, in some cases, may take a plea offer that is a misdemeanor

What Is The Grand Jury? Under NYS law all felony cases must be presented to the Grand Jury The job of the Grand Jury is to decide if there is legally enough evidence to bring criminal charges upon the defendant If the Grand Jury decides that there is sufficient evidence then the defendant is indicted Grand Jury proceedings are not open to the public in order to protect the defendant as well as the witnesses that appear

What Happens After The Grand Jury Votes An Indictment? Once the defendant is indicted, then the defendant is arraigned on that indictment in Supreme Court Criminal Court no longer has jurisdiction over a defendant once an indictment has been filed The defendant is then asked to plead guilty or not guilty. Bail is also reviewed and different conditions may be set A defendant may plead guilty to the charges, or may take a plea deal if one is offered by the DA

What If The Defendant Pleads Not Guilty At Supreme Court Arraignment? If a defendant still decides to plead not guilty then the case is adjourned to the Supreme Court Calendar Part Several legal matters must happen before the actual trial can occur Some of these include discovery, motions to dismiss, motions to suppress evidence, admissibility of identification, admissibility of statements made by the defendant, admissibility of physical evidence seized from the defendant, and sandoval

What Is A Trial? Once other legal matters are taken care of, then the trial begins The trial is the formal presentation of evidence before a court of law to determine wither the defendant is guilty beyond a reasonable doubt In Criminal Court there are 6 jurors, but in Supreme Court there are 12 jurors

How Does A Trial Proceed? Opening Statement: the ADA explains what he or she contends the evidence will show at trial Direct Case: This case brought by the ADA involves the calling of witnesses and the introduction of physical objects or records into evidence. The ADA asks questions of each witness. The defense attorney then asks questions on cross-examination Defense Case: This case may involve witnesses, including the defendant, or there may be no witnesses at all. If defense witnesses are called, the ADA may cross-examine each witness Rebuttal: The ADA may have a rebuttal case, and if so, defense counsel may cross-examine the rebuttal witnesses

How Does A Trial Proceed? Summation: The defense is the first to deliver a summation (concluding arguments). The defense usually questions the evidence presented by the ADA and tries to establish that the case has not been proven beyond a reasonable doubt. The ADA usually counters this Jury Charge: The Court then instructs the jury on the law and explains legal concepts Deliberation: This may last any length of time. The jury may find the defendant guilty, not guilty, or may be unable to agree. A jury that cannot reach a unanimous verdict is called a hung jury. A not guilty verdict means that the jury concluded that the case was not proven beyond a reasonable doubt; it doesn’t always mean that a defendant is innocent

What Sentences May Be Imposed If A Person Is Found Guilty? A judge may sentence a defendant to: a term of imprisonment a term of probation a conditional discharge an unconditional discharge an imposed fine To determine the sentence, the judge examines the legal statues as well as the defendant’s criminal history

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