Understanding the NYC Criminal Courts and Court Process

Understanding the NYC Criminal Courts and Court Process

Dealing with the criminal justice system can be really confusing and scary. This article aims to break down the basic parts of the criminal court process in NYC in an easy-to-understand way.

Getting Arrested

The first step is getting arrested. This happens when a police officer believes you committed a crime based on evidence or witness statements. You’ll be brought to the nearest precinct and “processed” – they’ll take your fingerprints, photo, and personal information. Then you’ll usually be taken to central booking, where you’ll await arraignment.

Arraignment

Arraignment is your first appearance in court. This usually happens within 24 hours of your arrest. The judge will read the charges against you, and ask how you plead – guilty, not guilty, or no contest. Its best to plead “not guilty” so your lawyer can review the evidence. If you can’t afford bail, you may wait in jail for your next court date.

Bail or Remand

After pleading not guilty, the judge decides whether to set bail, release you without bail, or remand you (keep you in jail until trial). Bail is money you pay as collateral to be released until your trial. The judge considers factors like flight risk, danger to the community, and your ability to pay.

Grand Jury

For serious felonies like murder, the prosecutor must get an indictment from a Grand Jury before proceeding. The Grand Jury hears evidence and decides if there’s probable cause to charge you.

Pretrial Hearings

There may be several hearings before your trial to resolve issues like discovery, plea deals, suppression motions, etc. Your lawyer may file motions to try to get evidence thrown out or dismissed if it was obtained illegally.

Plea Bargaining

Many cases end in plea bargains instead of trial. This is an agreement where you plead guilty in return for a lesser charge or reduced sentence. The judge will question you to ensure your plea is voluntary.

Trial

If no plea bargain, the case goes to trial. The prosecutor must prove you guilty “beyond a reasonable doubt.” You can choose trial by jury or judge. You can testify or remain silent – your lawyer will advise you. If convicted, the judge sentences you based on guidelines.

Sentencing

If found guilty, the judge will impose a sentence following strict guidelines. Factors considered include criminal history, victim impact, and any mitigating circumstances. The judge chooses jail, probation, community service, fines, etc. You may appeal the conviction or sentence.

Appeals

If convicted, you can appeal to a higher court to review the trial for legal errors. Appeals focus on procedures and constitutional rights, not re-deciding guilt. Appeals must be filed quickly after sentencing with help from your criminal defense lawyer.

Parole

If sentenced to prison, you’ll be eligible for release on parole after serving minimum time. The parole board will consider factors like behavior in prison, rehabilitation efforts, and risk to the community. Parole has strict conditions you must follow.

Key Things to Know

• Get a lawyer! The legal system is complex so a criminal defense attorney is essential.
• Don’t talk to police without your lawyer present.
• Take it step-by-step – first things first is getting out on bail if possible.
• Be respectful in court and follow your lawyer’s advice.
• A plea bargain may be your best option to avoid maximum sentence.
• You have constitutional rights throughout the process.

The criminal justice system can be intimidating and even unjust at times. Having an experienced NYC criminal lawyer on your side can make all the difference. They will defend your rights and guide you through each step of the process. Don’t go it alone!

Types of Crimes and Typical Defenses

Here are some common crimes and typical defenses used:

Drug Crimes

Drug possession, distribution, trafficking, etc. Defenses include invalid search, entrapment, mistaken identity, or lack of knowledge.

Driving Offenses

DUI, reckless driving, hit and run. Defenses include invalid sobriety testing, failure to read rights, or emergency situation.

Assault

Violent crimes against a person. Defenses include self-defense, insanity, mistaken identity, or defense of others.

Theft

Larceny, burglary, robbery, etc. Defenses include mistake of fact, consent, or possession of stolen property unknowingly.

White Collar Crimes

Fraud, embezzlement, tax evasion. Defenses include lack of intent, entrapment, or failure to read rights.

The Importance of Bail

Bail allows you to stay out of jail while your case moves forward. Jail can cause you to lose your job, housing, etc. The bail system is unfair to low-income people who can’t afford bond. There are bail reform efforts to make it more fair. Paying bail does not mean you are guilty!

Plea Bargaining Pros and Cons

Plea deals resolve cases quickly, but are you admitting guilt without a fair trial? Does the deal match the crime? Be wary of coercive plea bargaining. Consult your lawyer to negotiate a fair deal or take it to trial.

Rights of the Accused

You have basic rights like right to attorney, trial by jury, to remain silent, freedom from illegal search and seizure, and more. Know your rights! The justice system doesn’t always uphold them. Get a lawyer to defend your rights.