1.Arrest:
A person takes into the custody of Police if the criminal committed
his violation or crime. Upon arrest police must file that case into the
court. Sometimes a police officer may offer you a chance to surrender.
This is often preferable to getting arrested.If a lawyer is not present
at that time you will be charged with a crime.
2.Desk Appearance Ticket(DAT):
According to the nature of crime it is possible that police will decide to give you DAT under CPL 150.10.
Generally these are given out for minor offenses.If you carry a
misdemeanor crime with a maximum sentence of one year, you can receive a
DAT for a class E felony.When you will give information to police, you
will assign an arrested number and NYPD.If you have any warrants you
will remain in custody.
If you do not have any warrants you will be issued a DAT and will be
released, DAT arraignment will occur between 9:00 AM – 5:00 PM.
3.Central Booking:
Usually within 12 to 36 hours of your arrest, if you were not given a DAT you are held in jail
and brought before a judge in court. In some cases,your lawyer may control the situation by speaking to
police or the opposite party.Before appearing in front of court, your
finger prints and photographs are taken, which shows your criminal
history, for the purpose of Central Booking.
4.CRIMINAL COURT ARRAIGNMENT:
Once central booking procedure is completed, you are brought to court
for further investigation, where you will learn what charges you have
been brought against you.
5.PLEA BARGAINING:
Once you, your lawyer and assistant lawyer become more familiar with
your case, your case can be settled down through Plea Bargaining without
any trial.Approximately 90% cases are resolved through
Plea Bargaining.
6.WHAT HAPPENS AFTER YOUR CRIMINAL COURT ARRAIGNMENT?
If you are charged with a felony, your case will be sent to court
where these kind of cases have resolved before the action of grand jury
in which the prosecutor has evidence to hold you in jail.
7.GRAND JURY:
Grand jury is a secret agency which consists of 16 to 23people, who
listen to the evidence and take decisions.If Jury finds enough evidence
about your crime,it will file a warrant.Otherwise you will be released
from jail.And prosecutor will file a Superior Court Information (S.C.I.)
8.PRE-TRIAL MOTIONS:
The Gestures or movement of a person before the trial If police took
your property, if you made statement to them, if they had witness about
you then your lawyer may file a motion in which such evidence will
coverup.
9.PRE-TRIAL HEARINGS:
There are different kinds of hearings depending on the kind of motion your lawyer makes to the judge.
The Mapp hearing deals with physical evidence recovered by the police.
10.PROSECUTOR’S TIME-LIMITATIONS TO BRING THE CASE TO TRIAL:
The prosecutor brings your case to trial within specific time period.
Generally, the prosecutor must be ready to try your case within 6
months of filing the felony complaint in court.
11.TRIAL:
When pre-trial hearing is completed your case will go toa jury part for
trial, in which judge or jury decide that the case is define
properly.Jury Trial begins with the selection of members and
alternatives.In Class A, six jurors and two or more alternatives are
selected.In class B, violations are tried before a judge.
12.POST-TRIAL MOTIONS:
Before the punishment, you make an motion which is at the other side
of the decision. And if the lawyers accept your motion then they modify
the decision related to the punishment.And if they do not accept then
you have to go to new trial.
13.SENTENCING:
If you are confessed your crime then you will be punished by the judge.
You, your lawyer, your prosecutor will have a chance to be speak in
front of judge.
14.APPEALS:
After you are sentenced, you have a right to appeal your Punishment
in front of judge.If your appeal is accepted then they review your case
once again and modify your punishment if possible.And your appeal is
considered as Plea Bargaining.
*New York criminal law:
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