Pleas & Court Appearances in New York Criminal Courts
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 attorneys 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.
Law Offices of Susan Chana Lask
©2004 Susan Chana Lask All Rights Reserved
Plans Arent Wine, And They Dont Always Age Well
The following crossed my desk recently. The author gave me permission to share her story:
Choosing a Mesothelioma Attorney
Filing a mesothelioma lawsuit is a long and dwindling process. Selection of a mesothelioma attorney whom you trust and have a good rapport with is very important.
Service by Substitution in California
The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.
If Your Case Gets Denied
If you have been injured or become ill and are no longer able to work, you have certain Social Security Disability Benefits. Social Security Disability is a benefit received from the Social Security Administration by disabled workers and in some cases their dependents, similar to those received by retired workers. And you will have to file your case.
ATTENTION ATTORNEYS: Your Clients Case Was Worth $500,000 But They Were Forced to Take $200,000 Because They Couldnt Pay Their Own Bills.
Inexpensive Life Insurance To Protect What You’ve Earned
Adequate life insurance to cover your income producing ability is a product that is really needed today to give peace of mind. Life insurance was originally conceived to protect a mans family when his death left them without income. Over time is has developed into a variety of policy plans. In a "whole life" policy, fixed premiums are paid throughout the insureds lifetime; this accumulated amount, augmented by compound interest, is paid to a beneficiary in a lump sum upon the insured’s death; the benefit is paid even if the insured had terminated the policy. Under "universal life," the insured can vary the amount and timing of the premiums; the funds compound to create the death benefit.
Protect Your Job & Wages
When people call me about employment issues they dont realize one important law- in almost every state you are terminable at will.That means that your employer can fire you anytime and for no reason at all.The only way you are protected from being fired on the spot without notice is if you have a contract of employment.A contract of employment must be in writing and should specify your length of employment, salary, terms of employment, vacation, bonus calculations, the basis of termination and any warnings to be given make it at least 3 warnings if you can prior to termination and must be signed by your employer, among other things.
Intellectual Property Law
Intellectual Property Law can be quite confusing at times. Copyrights, trademarks and patents all have a role in protecting your hard earned content and knowing their role is half the battle.
Five Reasons Why I dont Have a Will
One: I hate my children and want them to never speak to each other again after the battle over my estate.
Litigation Funding offers financial resources to plaintiffs that are the victims of personal injury by the negligent acts of another.It is simple reality in the United States legal system that financial strength plays a significant role in the ultimate settlement or judgment amount of legal claims.Fortunately there are litigation funding companies like Global Financial http://www.glofin.com that offer funding services to Plaintiffs which can help level the playing field with deep pocketed defendants.
Protecting unmarried couples relationships
A power of attorney is a legal document that allows you to dictate who you would like to make decisions on your behalf. While there are many useful purposes for a power of attorney, they are especially important to unmarried couples, which live together, when a partner becomes incapacitated and unable to make decisions.
Your Social Security Approval Package Finally, the Long Wait is Over!
Back and forth to the Disability Determination Services DDS… Arranging and rearranging data and documents for applications, appeals and motion of requests… Monthly contacts with the Social Security Administration Claims Rep and the DDS examiner… After endless consultations with your legal counsel or representatives, after many, many series of medical consultations and examinations, and finally, after too many false hopes and expectations… Your patience and determination has been rewarded! You have received the ultimate information relating the approval of your Disability Benefit claim!
Legal Protection for Same-Sex Couples
Has anyone considered a compromise solution to the issue of legalization of same-sex marriages
Why Litigation Is Nothing More Than A Business Tool - 26 Unbreakable Rules of Litigation!
From Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, founder of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from government, banking, insurance and every other facet of world commerce - to grow geometrically and stay around, litigation must be prudently used and mastered.
Things You Ought To Know in Faultless Car Accidents
Anyone who has been involved in a vehicular accident, regardless of fault, can avail of No-Fault Benefits which would include compensation for wage lost, medical expenses and a replacement vehicle. It is also termed as Personal Injury Protection Benefit or PIP. Certain states like Minnesota have enacted laws requiring vehicle owners to have no-fault coverage as part of their automobile insurance coverage.
Health Insurance Coverage
Health insurance is something that everyone needs today. The rising cost of visiting a health care provider or a hospital stay makes it imperative that everyone have some type of health care coverage. Government statistics estimate that over 40 million people in America are not covered by any type of health insurance on any given day. Thats an enormous number of people who really are taking a financial risk.
Personal Injuries Resulting in Wrongful Death Cases
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence or other liability on the part of the defendants, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendants conduct. Different states have their individual statutes that tackle the issues with regards to wrongful death. Moreover, many states do not follow the same guidelines when it comes to wrongful death cases.
How to Talk to the Police if Your Suspected of a Crime
If you’re suspected of a crime, the police can come to your house or work or find you on the street to talk to you. Usually it will be a detective in plain clothes in an unmarked car who will want to talk to you. You might find a card from the detective under your door, or a message on your phone from him asking you to call.
Social Security Disability Secrets
DisabilitySecrets.com aims to distribute crucial information on the important processes in getting your claim for disability and ssi benefits. We all know how hard it is to apply for disability and ssi benefits since Social Security has an unclear and not understandable procedures. This is the reason why DisabilitySecrets.com has joined the rapid explosion of websites due to the fast-rising Internet technology.
The Attorney ~ The Latest Super Hero in a Society Gone Mad
Are you looking for a career or want to take legal action An attorney may be the the answer for you, also known as a lawyer. Whatever the matter, attorneys help all individuals - people and companies in a court of law. Generally specializing, allow them to be proficient when it comes to the legalities within their selected field.
|home | site map|