New York Criminal Court

New York Criminal Court

The New York criminal court system can be really confusing and intimidating. This article will break it down in simple terms to help you understand how it works.

Arrest

The first step is the arrest. This is when the police take someone into custody because they believe that person committed a crime. The police don’t need an arrest warrant if they see the crime happening.

Booking

After the arrest, the suspect is taken to the police station and “booked.” This means their personal information is recorded – fingerprints, photos, etc. They may be able to post bail at the police station to be released until their court date.

Arraignment

The arraignment happens within 24 hours of the arrest. This is when the defendant is formally told what criminal charges they face. A judge sets bail (or continues it from the police station booking) at this hearing.

The defendant enters a plea at the arraignment – guilty, not guilty or no contest. If they can’t afford an attorney, the judge will appoint a public defender to represent them.

Grand Jury

After the arraignment, felony cases go to a grand jury. This is a group of citizens who listen to the prosecutor’s evidence and decide if it’s enough to formally charge the defendant.

If the grand jury files charges, the case moves ahead to the pretrial phase. If not, the case is dismissed.

Pretrial Motions

During the pretrial phase, both the prosecutor and defense attorney file motions – legal requests to the judge related to the case. For example, a motion to suppress evidence or dismiss the case.

The judge decides these motions, which shape how the trial proceeds. The judge may also encourage a plea bargain during this stage to avoid trial.

Trial

If a plea bargain isn’t reached, the trial phase starts by selecting a jury. After opening arguments from both sides, witnesses are questioned and evidence is presented. The defense can raise objections to evidence submission.

After closing arguments, the jury deliberates and returns a verdict. The judge sets a sentence date if the defendant is found guilty.

Sentencing

At the sentencing hearing, the judge formally delivers the sentence – jail time, probation, community service, fines, etc. Victims can make impact statements. Defendants can request leniency.

Appeals

After sentencing, the defense attorney can file an appeal to contest the conviction or sentence. Appeals courts look for legal errors only – they don’t review the case evidence.

Appeals courts can uphold or overturn the criminal court’s decision. Their decision is final in most cases.

Key People

There are many key roles in the criminal court system:

• Judge – Makes all trial decisions and sets sentences
• Prosecutor – Represents the government, presents evidence against defendant
• Defense attorney – Represents the defendant, argues for acquittal or leniency
• Defendant – The person charged with the crime
• Witnesses – Testify for either side during trial
• Court clerk – Assists the judge and records proceedings
• Court reporter – Transcribes a record of the trial
• Bailiff – Maintains order in the courtroom

The criminal court process has many moving parts. Having a basic grasp can help you navigate it more easily as a defendant, victim, or support person. Remember that you have constitutional rights at every stage.