Pleas & Court Appearances in New York Criminal Courts

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 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

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