NEW YORK CRIMINAL DEFENSE
The New York City "system" of criminal justice is not consistent. It was not constructed at a particular time or place but has slowly evolved over time and differently in different places throughout the metropolitan area. At it's core lies the belief that a person may be punished by the government only if their guilt has been properly proven. Every borough and county in the New York City metropolitan area has its own criminal justice system, and there is a Federal one as well. All have their similarities and differences.
Criminal cases begin with a formal arrest or desk appearance ticket charging the commission of one or multiple offenses involving violations, misdemeanors, or felonies. This can be based on overwhelming evidence or merely one person's statement to the police. After the arrest, the criminal defendant is transported to central booking and the arresting officer will contact the District Attorney's Office (DA) to prepare a complaint which is then filed in criminal court at the arraignment. If the police officer issued a desk appearance ticket (or sometimes just called an "appearance ticket"), the defendant will avoid being logged in central booking and will be notified when and where to appear for the arraignment. Desk appearance tickets are given to expedite the arrest and not because the case is less serious.
While the police department consults with the District Attorney, the criminal defendant must, unfortunately, wait in central booking for about 24-36 hours or longer. If a family member or friend of yours was arrested, the faster you contact us, the faster we can fight to get them released. While waiting in central booking, the criminal defendant may be interrogated by the District Attorney. This is a common strategy by the District Attorney because they are aware that most people don't have a lawyer and don't know their rights. Basically, a pre-arraignment interrogation is a blatant attempt to trick defendants into making a statement. Interrogation before the arraignment can also happen prior to the issuance of a desk appearance ticket and can lead to the same negative consequences. Many people feel that they can "talk their way out of it" but this rarely works. Usually, statements given to the police or District Attorney will only make things worse. Call us before speaking to the police.
The arraignment or "return date" listed on the desk appearance ticket is the first official court proceeding and signals the start of a criminal case. Some criminal defendants are brought to the arraignment courtroom in handcuffs and others walk in the front door with a desk appearance ticket. While inside, defendants must appear at the front of the arraignment courtroom and before an Assistant District Attorney and Criminal Court Judge. While standing there, they will find out if they will be released. Release depends on bail. If the judge sets bail, defendants will, unfortunately, be incarcerated while the case is pending and before guilt or innocence is determined. If bail is set, it can be devastating because it can be unexpected and the first time you see the inside of a jail cell. Bail can be set even if a defendant walked in the court voluntarily with a desk appearance ticket.
After the arraignment, cases are presented in a different courtroom where the District Attorney continues to build his case. The efforts of a New York City Criminal Defense Attorney can have an enormous impact both at the arraignment and during the subsequent litigation. At the arraignment, a New York City Criminal Defense Attorney can demand your immediate release, fight any efforts to get you to plead guilty, ensure that your rights are intact, and move for a dismissal of the charges. This is done by arguing in court, filing motions, and demanding discovery (the government's evidence). Each court appearance after the arraignment also affords an opportunity at a complete dismissal and plea negotiations. A misdemeanor case may be resolved after only one court appearance but it may take many more, depending on the severity of the charges and the complexity of the case. Felonies can last for several months or longer. Contact us to learn how long your case may last.
A criminal case will probably end with a conviction or dismissal. Our office is prepared to handle your case at any stage up to and including trial. Call our office for a confidential case evaluation.
A complicated place to find yourself. If you or your loved one's case is pending in New York City or the New York City Metropolitan Area, there are three things to keep in mind. First, there is an inherent rush to justice. Most people think that someone is guilty just because they have been arrested. Secondly, jail is only one of many consequences of a conviction. Loss of employment, license suspension, loss of immigration status, and a lower credit score are all possible consequences of any conviction. Finally, convictions are, generally, permanent. There is no expungement in New York and a conviction will be on your record forever.
Criminal convictions can be devastating and lead to life-altering consequences. You can lose your freedom, your job, your professional license, your right to vote, your ability to stay in your apartment, and you could make yourself vulnerable to civil liability. Even a brief detention (incarceration) in New York City often happens at Rikers Island, made notorious by chronic staffing problems and recent violence. Arrests, even for non-violent offenses, often entails being handcuffed, fingerprinted, and photographed. If you have prior convictions, you may even face enhanced sentencing and if you aren’t a citizen, you may face deportation. Any conviction, even to a low-level offense, can trigger the loss of certain rights and privileges or employment problems.
Fattore Law defends clients facing criminal charges in all New York City courts including Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. We defend cases before arrest (when the police want to speak with you), following arrest and at the arraignment, after the arraignment, and up to and including trial. We defend all types of criminal cases including those that started with a desk appearance ticket and all misdemeanors and felonies.
We deploy a defense tailored to your needs by utilizing private investigators, medical and forensic experts, and conducting an independent investigation when needed to mount the most effective and aggressive defense possible. Contacts us for a free consultation to discuss the details of your arrest and the plan for your upcoming court date.
THE PROCESS - 7 STEPS YOU NEED TO KNOW
Step 1 – Arrest
According to New York state law, the police can only arrest a person if they have “probable cause” or “reasonable suspicion” that a person has committed a crime. Remember that a police officer cannot enter your home to arrest you unless he has obtained consent to enter your home, is in “hot pursuit” in the course of a chase or has an arrest warrant authorized from a Judge. After an arrest, a person has the absolute right to remain silent and refuse to make any statements. It is a common, yet usually wrong, belief, that it would be beneficial to tell your side of the story to the police. If the police department is questioning you or asks you to come to the precinct to talk, chances are, you will be arrested. This is problematic since it unnecessarily gives the police and prosecutor a preview of your defense and a source of information, which can be used against you in court.
Step 2 - Arraignment
This refers to your first court appearance after the arrest. You are advised of the charges that the District Attorney has filed against you and the Judge decides whether and how much bail will be set or whether you will be released on your own recognizance.
Step 3 - Bail
In deciding the issue of bail, a Court will take into consideration whether the person is likely to return to Court during the case. The Judge will be looking at the persons “rap sheet”, which contains the criminal history and prior dealing with the court system. The stronger connections you have to the New York community, such as family residing in New York, a job in New York, etc…the greater likelihood that lower bail will be set or that you will be released without any bail. If bail is set, a Judge can set bail to be paid in cash or by a bond, through a bail bondsman. Although a Court is permitted to take into consideration the nature of the crime, bail should not be used as a form of punishment since a person, by law, is always presumed to be innocent until proven guilty.
Step 4 - Discovery
You have the absolute right to discover, from the District Attorney, the evidence against you. Discovery includes 911 tapes, photographs, statements of witnesses, statements of all the persons arrested, police reports and relevant background information about witnesses. Different items of discovery material are available at different stages of the case. Your attorney should obtain anything that points to your guilt or innocence.
Step 5 - Motions
Depending upon the facts and circumstances, your criminal defense attorney will make the following motions on your behalf, when appropriate: motions to dismiss or reduce the charges, motions to dismiss the grand jury indictment, motions to suppress evidence of statements, property or identification, motions to exclude evidence, motions to exclude evidence of prior convictions or prior bad acts of the accused, motions to compel discovery, etc.
Step 6 - Pre-Trial Court Appearances
Pre-trial court appearances will address issues of discovery, motions and pre-trial hearings to suppress evidence. Pre-trial court appearances will also typically involve plea negotiations with your defense attorney, the assistant district attorney and the Judge assigned to your case.
Step 7 - Trial
General speedy trial time limitations: (NOTE: These time periods are not measured by the calendar alone. There are other factors which are utilized to calculate the time periods.)
Felony cases: A person has the right to a trial by jury within 180 days of the initial court appearance.
Misdemeanor cases: For class “A” misdemeanor crimes, a person has the right to a trial by jury within 90 days of the initial court appearance. For class “B” misdemeanor crimes, a person has the right to a trial within 60 days of the initial court appearance.
Violation cases: For violations, a person has the right to a trial within 30 days of the initial court appearance.
The most important ingredients in securing a successful outcome at trial are: (a) diligent preparation and (b) effective courtroom skills by the attorney.
In New York City, There Are Two Ways You May Get Arrested
Desk Appearance Tickets. If you’ve been handcuffed and fingerprinted and released with a white piece of paper with a court date on it and that reads “Desk Appearance Ticket” at the top, you’ve been issued a Desk Appearance Ticket which was given to you instead of bringing you to see a judge right away. Desk Appearance Tickets became more common in the 2000s because they saved the City time and effort since by issuing a Desk Appearance Ticket, the arresting officer didn’t have to lodge you in a holding cell downtown and the City has much more time to draft and file charges.
Central Booking. If you’ve been handcuffed, fingerprinted, and brought to see a criminal court judge within about 24-36 hours of your arrest, you were brought to central booking for your arrest. Central booking is where you are brought for post-arrest processing and to wait to see the judge. From central booking, you are taken into a courtroom for arraignment. If bail is set, you are then brought to a detention facility such as Rikers Island. If no bail is set, you may be released from the courtroom. Depending on what your attorney says or doesn’t say, or what you say or don’t say during the arraignment could have significant consequences for you and your case going forward.