CRIMINAL DEFENSE LAWYER
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Charles A. Miller

Criminal Defense Law

212.714.2880
Attorney at Law


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Case Procedure           
Penal Law  

Arrest

Central Booking

Arraignment                    

Domestic Violence          

Grand Jury Action      

Plea Negotiations

Pre-Trial Motions and Hearings     

Discovery

Robbery  

Trial 

Burglary 

Sentencing

Weapons  Possession 
Sexual  Offenses 

Homicide 

  Once the arrest is made, the arresting officer prepares the necessary paperwork at his NYC Police Department Precinctor other applicable state-wide county precincts, such as:

          The defendant is then processed into the criminal justice system. Criminal charges are drafted with the assistance of the district attorney’s office. The defendant is usually then transported to the Central Booking Facility of the applicable county of arrest for arraignment:

          Note: in some counties, the police will issue a “Desk Appearance Ticket” (DAT) instead of a formal arrest. With a DAT, the person charged is ordered to report to court at a later date, and is not held for immediate arraignment. DATs are usually issued for minor offenses, where no danger to the community is present by the defendant’s release. The police do have the discretion to require police bail as a condition for issuing the DAT.

          When a DAT is not issued, the defendant, once brought to Central Booking, is photographed, fingerprinted and his NYSID (rap sheet) is printed. The police will check to see if the defendant has any outstanding warrants or whether he is on probation or parole. The defendant’s charges are docketed. Each county keeps a yearly chronological listing of docket numbers. This system is used to track the case as it moves forward.

          Lastly, the Criminal Justice Agency (CJA) interviews the defendant to obtain “pedigree information”, such as his name, address, relatives and work-related information. The CJA will make a recommendation regarding bail after interviewing the defendant. Note: the unwillingness of the defendant to cooperate with CJA could lead to bail being set based on a “lack of established community ties.”