Getting arrested is one of the worst things that can ever happen to a person. I know; I have represented between 5,000 and 10,000 criminal defendants since I began my career some three decades ago. If you hire me, I pledge that I will do everything possible to minimize the prejudice inuring to your detriment. As much as possible, I will also alleviate the pain you and your loved ones are suffering because of this horrible experience.
To accomplish these goals, it is helpful to gain a better understanding of the various stages of a criminal case. Although not everything here is relevant to your case, it will provide a general picture of how a criminal prosecution proceeds. Then, if you have any questions, please feel free to contact us. The only stupid questions are the ones that a person does not ask.
Virtually all criminal cases begin when a person is arrested by a police officer or a peace officer. After initial processing at the precinct where the arrest occurred, the defendant is taken to the county's central booking facility, usually located at or near the courthouse.
If you or a loved one are a suspect in a criminal matter, do not talk to the police (or any other law enforcement official for that matter) until you have spoken with a criminal lawyer. No matter what the detective or other law enforcement person tells you, whatever you say will be used against you. Numerous appellate cases have stated that a police officer can mislead a criminal defendant to obtain information needed for a prosecution. When they tell you "it will be much better for you if you tell me the way it really happened," they are not really telling the truth. There are numerous people on death row who are there primarily because they confessed as a result of police interrogation.
Depending on various legal technicalities, a person is charged pursuant to one of several different types of accusatory instruments include felony complaints, informations, misdemeanor complaints and simplified traffic informations.
After processing, a person is either detained for immediate court processing or released on stationhouse bond or on his or her recognizance after being given a desk appearance ticket for a court appearance at a future date.
The first court appearance is called the arraignment where the defendant is advised of the charges against him (or her) and bail is set. After the arraignment most cases are adjourned for a conference in the local criminal court or district court (outside of New York City).
The first conference is to see if the two sides can work out a possible disposition amenable to both sides. If not, the case is adjourned. If only misdemeanors are charged, motions are made and the court orders that any statutory or constitutionally mandated pre-trial hearings be held respect to the legality of confessions, searches & seizures, identifications, statements and the legality of phone taps and wiretaps. Felony matters are generally set down for grand jury action if no disposition is reached.
Although the defendant is entitled to a preliminary hearing within 120 hours of a felony arraignment, this right is generally waived. If the defendant does not waive this right, the district attorney immediately presents the case to a grand jury. I have not heard of a preliminary hearing being held in New York City since about 1980; they are also extremely rare outside of New York City.
In felony prosecutions, the next step is for a grand jury to hear the evidence against the accused. While a felony prosecution occasionally begins with a grand jury presentation, if a criminal action has already started, the defendant has a right to testify before the grand jury that hearing the evidence. I am proud of my proactive approach of judiciously presenting clients to the grand jury. This is a valuable tool in the arsenal of the criminal defense lawyer that is unfortunately underutilized by most practitioners.
An assistant district attorney is the legal advisor of the grand jury and presents the evidence to the grand jury. All proceedings of a grand jury are secret and except for the deliberations on the vote, are recorded by confidential court reporters.
The action of a grand jury is "handed up" by the jury's foreman to a judge of the Supreme Court or the county court (outside of New York City). They either issue an "indictment" charging felonies a "no true bill" dismissing the case or a "prosecutor's information" charging offenses less serious than felonies that are heard and adjudicated in the lower court.
If a defendant is indicted, he or she must be arraigned in Supreme court to formally be apprised of the felony charges in the indictment. New bail may be set.
If the district attorney and defense lawyer cannot work out a disposition, the prosecution is required to provide discovery of some of the evidence against the defendant. As in misdemeanor prosecutions, pre-trial hearings are held.
Trials are conducted by either judges or juries. A jury trial for a misdemeanor has six jurors and twelve for a felony jury trial. After a jury is picked, the district attorney and defense make opening remarks. The People must make an opening statement where they give an outline of what they intend to prove; the defense may make an opening statement if they wish to. Thereafter, the prosecution presents its evidence in the form of testimony and exhibits. Each witness is cross examined by the defense lawyer.
After the prosecution presents it case, the defense is permitted to present a case. Since the district attorney must prove the defendant guilty beyond a reasonable doubt, the defendant is not required to present a case. This decision should be made by the defense lawyer. The law in New York states that a defendant has the right to decide three things in a criminal prosecution: (1) whether to plead guilty or go to trial; (2) whether to have a trial by the court or a jury; and (3) whether or not to testify. While these choices are technically the defendant's to make, my experience in trying hundreds of cases is that a smart defendant always heeds the advice of his lawyer.
After the defendant's case, the district attorney is allowed to make a rebuttal case. Following the rebuttal, both sides make summations. Since the burden of proof is on the prosecution, they make the last summation. If the case was tried by a jury, the judge charges the jury on the law applicable to the case. Following the judge's charge, the jury deliberates and renders its verdict.
Appeals from the trial of a misdemeanor go to the Appellate Term of the Supreme Court. Appeals in felony cases go to the Appellate Division.
Subject to various exceptions depending upon the individual case, we have just seen a general picture of what happens in a typical criminal case. Each case is different and requires the expert attention of a skilled defense lawyer. Please feel free to call us if you have any questions about your case or if you feel that we be of further assistance to you.
Good luck!
