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Background Check
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Washington Research Assoc.
Pleas & Court
Appearances in New York Criminal Courts
by: Susan Chana Lask, Esq.
At arraignment, the District Attorney may
offer a plea to a lesser charge than what you were arrested
for originally. Pleas are offered to unburden an extremely
congested criminal court calendar, as well as to get rid of
lesser criminal cases so the District Attorney can
rightfully concentrate on the more serious crimes.
If you were arrested for misdemeanor
shoplifting and you arrive at the arraignment with no prior
arrests, most likely the District Attorney will offer you
the option of pleading guilty to a lesser violation and a
few days of community service with a fine. You have the
option to end the process by accepting the lower charge of a
violation, which is not a crime but will appear on your
record in the future.
If you accept the plea then you will
actually plead guilty to a lesser offense on the record and
the court will most likely impose a fine and community
service or counseling, depending upon what you and the
District Attorney agreed to.
If you don’t accept the plea, you will
simply plead "not guilty" and continue your criminal court
appearances. Your attorney will file various motions and
hold hearings to discover what evidence the District
Attorney has against you or to get the charges dismissed. An
example of such a hearing would be called a "Huntley
Hearing". In that hearing your attorney's objective is to
get any incriminating statements you made suppressed,
meaning they can not be used against you. The point of that
hearing is that the police obtained statements from you
invlountarily. At the hearing your attorney will
cross-examine the police involved in your arrest by asking
them detailed questions. If your attorney can prove your
statements were coerced or obtained form you in some way
involuntarily then you have just eliminiated a criucial
piece of evidence against you, making your case of innocence
stronger.
As you proceed further through the
criminal court process, the plea to a lesser charge may or
may not be offered again. Whether or not you accept a plea
is something only you and your attorney can decide, based
upon your circumstances. Just remember that the plea will
always be on your record as opposed to fighting the charges
if you’re innocent and getting the whole criminal case
dismissed, clearing your name.
Your Criminal Court Appearances
If you plead not guilty and are released
“ROR” (meaning without bail and on your own recognizance) or
on bail, you’ll be given the next date to appear before the
court. At that time the court will set deadlines for your
attorney to complete certain work on your behalf.
The District Attorney has a limited period
of time to complete his investigation and state on the
record he is ready for trial. The time limits are mandatory
to protect your constitutional right to a speedy trial. So
you should be prepared to quickly prove your innocence.
Being accused of a crime is a stigma, and the reality is
that you are actually presumed guilty until you prove your
innocence (contrary to the belief that "you are presumed
innocent until proven guilty").
If you miss a court appearance, a warrant
for your arrest is issued
Your Right To A Speedy Trial
The time for you to get a speedy trial
starts running from the date the criminal complaint is filed
against you. A trial for a violation must be held within 30
days. A misdemeanor trial must occur within 90 days. A
felony trial must take place within six months.
The time periods for a speedy trial are
“tolled” (stopped) because of certain motions made by your
attorney or certain hearings. They are not tolled if the
District Attorney requests adjournments without your
consent. They are also not tolled if the District Attorney
is not ready for certain appearance dates. This is called
"excludable time" for the purposes of determining when a
trial must be held.
Making A Record
At each court date, there will be a
stenographer typing every word of the proceeding to make a
record of it. Your attorney must make sure the record is
clear that you do not consent to an adjournment or that the
District Attorney was not ready. Being clear is important,
because the court is overwhelmed with hundreds of cases a
day. Sometimes the judge will not keep a good record or his
notes on your file will be unreadable and the judge later
can’t recall what happened.
To be clear and to protect your rights,
state on the record that "defendant does not consent to the
adjournment and time should be charged to the People" or
state that "The District Attorney is not ready and time
should be charged to the People." Make sure the stenographer
hears what you say because you may later have to order those
records from the stenographer to prove what happened at the
hearing. If the stenographer did not hear you or your
attorney then you will not have a record that will benefit
you. Make sure you both speak loud and clear at each court
date to protect your record.
http://www.appellate-brief.com
Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
©2004 Susan Chana Lask All Rights Reserved
About The Author
Susan Chana Lask is a New York attorney
with law offices in New York City. She has over 20 years
experience and practices in State, Federal and Appellate
Courts nationwide, handling civil, criminal and commercial
litigation and appeals. She represents high profile cases
and appears on all major television, print and radio news
media, earning the title "High-Powered" New York attorney.
She can be reached at
www.appellate-brief.com.
sue@aol.com
Professional
Background Check
and Investigation
Washington Research Assoc. |
