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How does the criminal court process work in New York?
Contents
- 1 Navigating the New York Criminal Court System: A Layperson’s Guide
Dealing with criminal charges in New York can be really confusing and intimidating. There are so many steps, different courts, legal terms – it’s a lot! This article breaks down the basic process in simple language so you know what to expect.
The Arrest
If the police think you committed a crime, they can arrest you. This means taking you into custody and transporting you to the police station. At the station, they’ll take your fingerprints, photo, and information for booking records.
After arrest, it’s best to avoid chatting with the cops. Anything you say can be used against you! Just ask for a lawyer and don’t answer questions until they arrive.
Arraignment – Your First Court Appearance
After booking, you’ll be taken to arraignment court, usually within 24 hours. This is where you’ll face a judge for the first time. A few things happen at arraignment:
- You’re formally told what criminal charges you face
- You can enter a plea – guilty, not guilty, or no contest
- The judge decides whether to set bail or release you
- If you can’t afford a lawyer, the court will assign a public defender
It’s best to plead “not guilty” at this stage to keep your options open. The judge will consider your criminal history and flight risk when setting bail.
Grand Juries and Indictments
For serious felonies, your case will go to a grand jury first. This is a panel of citizens who review evidence to decide if you should be formally charged (“indicted”) for a crime.
If they indict you, your charges will move to the next higher court level. If no indictment, the charges may be dismissed! But there’s no defense lawyer in grand jury proceedings.
The Criminal Trial
This is where prosecutors present evidence and witnesses to try to prove your guilt for the charges. As the defendant, you can challenge the evidence and have your lawyer cross-examine witnesses.
Key parts of a criminal trial include:
- Jury selection
- Opening statements
- Questioning witnesses
- Introducing evidence
- Closing arguments
- Jury deliberation and verdict
The verdict is either “guilty” or “not guilty” on each charge. Sentencing happens later at a separate hearing.
Plea Bargains
Many criminal cases get resolved through plea bargains instead of a full trial. This involves negotiating with the prosecutor to plead guilty to lesser charges in exchange for a lighter sentence.
While plea deals resolve cases quicker, it means having a criminal record. Your lawyer will advise if it’s the best option.
Sentencing
If found guilty, the judge will impose a sentence a few weeks or months later. Possible sentences include:
- Jail or prison time
- Probation
- Community service
- Fines
- Rehab programs
Judges consider sentencing guidelines, but have wide discretion based on the case facts.
Violations vs. Misdemeanors vs. Felonies
Crimes are classified based on severity. Violations are minor offenses like trespassing. Misdemeanors are more serious like petty theft. Felonies are major crimes punishable by over a year in prison.
The classification also determines which courts handle the case.
New York Criminal Courts
There are many courts that cases pass through. Knowing the differences helps understand the process.
Local Criminal Courts
Cases start here, at the lowest court level. Local courts include Town and Village Courts. Arraignment, plea deals, and minor case trials happen here.
District Courts
More serious misdemeanors move to District Courts after arraignment. This includes County, City, and Supreme Courts. Trials and convictions happen here.
Superior Courts
Felony cases move to Superior Courts like the Supreme Court of New York. Major criminal trials with juries take place here. Also juvenile cases.
Appellate Courts
These higher courts hear appeals from convicted defendants claiming trial errors affected their case. Includes the Appellate Division of State Supreme Court.
Appealing a Conviction
If convicted, you can appeal to a higher court to review your case for legal errors that violated your rights. The appeals court can uphold or overturn the conviction.
Grounds for appeal include:
- Violation of constitutional rights
- Insufficient evidence
- Errors in procedural rules
- Incorrect application of law
Filing an appeal can be a lengthy process taking over a year. But it could potentially get your conviction overturned, so discuss options with your lawyer.
Takeaways
Here are some key tips for navigating the criminal justice process in New York:
- Get a lawyer on your side immediately
- Use your right to remain silent after arrest
- Ask for reasonable bail you can afford
- Study the evidence and charges against you
- Explore plea bargain options with your lawyer
- Consider an appeal if your trial has legal errors
Having a basic roadmap can make the criminal court process less intimidating. Know your rights, get good legal advice, and take it step by step.
References
[1] New York State Unified Court System – Criminal
[2] Going to Criminal Court | NY CourtHelp
[3] Criminal Appeals | NY CourtHelp