Most people who are
arrested and
prosecuted in New York City will appear before a Criminal Court judge for
arraignment. The New York
Criminal Procedure Law (CPL) is the primary
criminal procedure law. Felonies are heard by the
Supreme Court. Some violations and other issues are adjudicated by other city and state
administrative courts, e.g.,
Krimstock hearings are conducted by the city
Office of Administrative Trials and Hearings, parking violations are adjudicated by the city DOF
Parking Violations Bureau, and non-parking
traffic violations are adjudicated by the state
DMV Traffic Violations Bureau.
Arrest to arraignment New York police officers may
arrest someone they have reason to believe has committed a
felony,
misdemeanor, or violation, or pursuant to an
arrest warrant. Those arrested are booked at "central booking" and interviewed by a representative of the Criminal Justice Agency for the purposes of recommending bail or remand at arraignment. In New York state, the time from arrest to arraignment must be within 24 hours. is a well-known feature of New York's criminal justice system. At
arraignment, the accused is informed of the charges against them and submits a
plea (and may accept a
plea bargain). The accused have a
right to a lawyer. Arraignments are held every day from 9:00am to 1:00am. At arraignment the prosecutor may also provides defense counsel with certain "notices", such as notices about
police lineups and statements made by the defendant to police. After notices are served, the prosecutor may ask, for certain offenses, the court to keep the accused in jail (
remanded) or released on
bail. Otherwise, the accused is released on their own
recognizance (ROR'd) with the least restrictive conditions necessary to reasonably assure the person will come back to court. The decision to set bail and the amount of bail to set are discretionary, and the central issue regarding bail is insuring the defendant's future appearances in court; factors to be taken into consideration are defined in . In practice, bail amounts are typically linked to charge severity rather than risk of
failure to appear in court, judges overwhelmingly rely only on cash bail and commercial bail bonds instead of other forms of bail, and courts rarely inquire into the defendant's financial resources to understand what amount of bail might be securable by them.
Felony indictment For those accused of a
felony, their case is sent to a court part where felony cases await the action of the
grand jury. If the grand jury finds that there is enough evidence that the accused has committed a crime, it may file an
indictment. If the accused waives their right to a grand jury, the prosecutor will file a Superior Court Information (SCI). If the grand jury votes an indictment, the case will be transferred from Criminal Court to the
Supreme Court for another arraignment. This arraignment is similar to the arraignment in Criminal Court, and if the accused does not submit a guilty plea, the case will be adjourned to a calendar part. Felony defendants must be released on day if they haven't been indicted, which is to say that unless a grand jury has indicted the defendant and a hearing has commenced within 120 hours/5 days (with an additional 24 hours allowed for weekends and holidays, i.e., 144 hours/6 days), or proof that the indictment was voted within 120 hours, and unless the delay was due to a request of the defendant, and absent a compelling reason for the prosecution's delay, the defendant must be released on their own recognizance (ROR'd).
Pre-trial in Manhattan A bail review in Supreme Court may be requested by misdemeanor defendants who cannot make bail at the day appearance (the five- to six-day deadline for conversion of a
complaint to an
information), normally to be scheduled three business days after the appearance. The government must be ready for trial within 6 months for a felony, 90 days for a class A misdemeanor, 60 days for a class B misdemeanor, and within 30 days for a violation, subject to excluded periods (ready rule). A defendant must be released on bail or ROR'd if they are in jail after a specified time of pretrial detention (bail review): within 90 days for a felony, within 30 days for an at-least-3-months misdemeanor, within 15 days for a maximum-3-months misdemeanor, and within 5 days for a violation, subject to excluded periods. ==Structure==