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New York Central Booking and Arraignments | New York Divorce Lawyer

New York Central Booking and Arraignments

NY Central Booking and arraignmentsNYC Central Booking

NY Central Booking and Arraignments

If you are arrested in Brooklyn, Queens, Staten Island or Manhattan, you will unfortunately be taken through the criminal justice system. This process will often start with an individual being picked up and brought to the local NYPD precinct. This will be the first step in the process that, in many cases, leads to processing in New York central booking.

At a NYPD precinct, arrestees will be placed in holding cells with other prisoners who are going to be transported to New York central booking.  Depending on the particular facts and circumstances of the arrest you can be placed on a single cell or in a group holding cell.

If a loved one has been arrested, you will want your NY criminal defense lawyer to be in touch with the local NYPD precinct immediately. This will allow your attorney to assert the right to remain silent and the right for counsel to be present for any lineups.

Also this is where you can obtain the arrest number which is the first number used to track an arrestee through the criminal justice system. The arrest number can be obtained by the arresting officer at the precinct in which the arrestee is being processed. The arrest number is a unique number assigned by the local law enforcement agency to identify a specific arrest of an individual.The arrest number will correspond with the borough in which the individual was arrested in.

This is a example of what arrest numbers look like in New York City:

Manhattan Arrest Numbers: M123456

Brooklyn Arrest Numbers: K123456

Bronx Arrest Numbers: B123456

Staten Island (Richmond County) Arrest Numbers: R123456

Queens Arrest Numbers: Q123456

If a loved one has been arrested, and you are seeking to hire a NY criminal lawyer please call us 24/7 at (212) 300-5196.

new york central booking and arraignments help

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If a loved one has been arrested in New York City, then the first step in the process is to have your criminal defense attorney find the precinct in which the arrestee is proceed in and to speak to the arresting officer and/or the detective handling the case. In order to find an arrest number you would call the number below at the local precinct.

If a loved one has been arrested, and you are seeking to hire a NY criminal lawyer please call us 24/7 at (212) 300-5196.

NYPD PRECINCTS IN MANHATTAN

1st NYPD Precinct

16 Ericsson Place, New York, NY, 10013
(212) 334-0611

5th NYPD Precinct

19 Elizabeth Street, New York, NY, 10013
(212) 334-0711

6th NYPD Precinct

233 West 10th Street, New York, NY, 10014
(212) 741-4811

7th NYPD Precinct

19 1/2 Pitt Street, New York, NY, 10013
(212) 477-7311

9th NYPD Precinct

321 East 5 Street, New York, NY, 10003
(212) 477-7811

NY Criminal Lawyer

10th NYPD Precinct

230 West 20th Street, New York, NY, 10011
(212) 741-8211

13th NYPD Precinct

230 East 21st Street, New York, NY, 10011
(212) 477-7411

Midtown South Precinct

357 West 35th Street, New York, NY, 10001
(212) 239-9811

17th NYPD Precinct

167 East 51st Steet, New York, NY, 10022
(212) 826-3211

Midtown North Precinct

306 West 54th Street, New York, NY, 10019
(212) 767-8400

19th NYPD Precinct

153 East 67th Street, New York, NY, 10065
(212) 452-0600

20th NYPD Precinct

120 West 82nd Street, New York, NY, 10024
(212) 580-6411

Central Park NYPD Precinct

86th Street & Transverse Road, New York, NY, 10024
(212) 570-4820

23rd NYPD Precinct 

162 East 102 Street, New York, NY, 10029
(212) 860-6411

24th NYPD Precinct

151 West 100th Street, New York, NY, 10025
(212) 678-1811

25th NYPD Precinct

120 East 119th Street, New York, NY, 10035
(212) 860-6511

26th NYPD Precinct

520 West 126th Street, New York, NY, 10027
(212) 678-1311

28th NYPD Precinct

2271-89 8th Ave., New York, NY, 10027
(212) 678-1611

30th NYPD Precinct

451 West 151st Street, New York, NY, 10031
(212) 690-8811

32nd NYPD Precinct

250 West 135th Street, New York, NY, 10030
(212) 690-6311

33rd NYPD Precinct

2207 Amsterdam Ave., New York, NY, 10032
(212) 927-3200

34th NYPD Precinct

4295 Broadway, New York, NY, 10033
(212) 927-9711

BRONX NYPD PRECINCTS

40th NYPD Precinct

257 Alexander Ave., Bronx, NY, 10454
(718) 402-2270

41st NYPD Precinct

1035 Longwood Ave., Bronx, NY, 10459
(718) 542-4771

42nd NYPD Precinct

830 Washington Ave., Bronx, NY, 10452
(718) 402-3887

43rd NYPD Precinct

900 Fteley Ave., Bronx, NY, 10472
(718) 542-0888

44th NYPD Precinct

2 East 169 Street, Bronx, NY, 10452
(718) 590-5511

45th NYPD Precinct

2877 Barkley Ave., Bronx, NY, 10465
(718) 822-5411

46th NYPD Precinct

2120 Ryer Ave., Bronx, NY, 10457
(718) 220-5211

47th NYPD Precinct

4111 Laconia Ave., Bronx, NY, 10466
(718) 920-1211

48th NYPD Precinct

450 Cross Bronx Expressway, Bronx, NY, 10457
(718) 299-3900

49th NYPD Precinct

2121 Eastchester Rd., Bronx, NY, 10461
(718) 918-2000

50th NYPD Precinct

3450 Kingsbridge Ave., Bronx, NY, 10463
(718) 543-5700

52nd NYPD Precinct

3016 Webster Ave., Bronx, NY, 10467
(718) 220-5811

BROOKLYN NYPD PRECINCTS

60th NYPD Precinct

2951 West 8th Street, Brooklyn, NY, 11224
(718) 946-3311

61st NYPD Precinct

2575 Coney Island, Brooklyn, NY, 11223
(718) 627-6611

62nd NYPD Precinct

1925 Bath Avenue, Brooklyn, NY, 11214
(718) 236-2611

63rd NYPD Precinct

1844 Brooklyn Avenue, Brooklyn, NY, 11210
(718) 258-4411

66th NYPD Precinct

5822 16th Avenue, Brooklyn, NY, 11218
(718) 851-5611

67th NYPD Precinct

2820 Snyder Avenue, Brooklyn, NY, 11226
(718) 287-3211

68th NYPD Precinct

333 65th Street, Brooklyn, NY, 11220
(718) 439-4211

69th NYPD Precinct

9720 Foster Avenue, Brooklyn, NY, 11236
(718) 257-6211

70th NYPD Precinct

154 Lawrence Avenue, Brooklyn, NY, 11230
(718) 851-5511

71st NYPD Precinct

421 Empire Boulevard, Brooklyn, NY, 11225
(718) 735-0511

72nd NYPD Precinct

830 4th Avenue, Brooklyn, NY, 11232
(718) 965-6311

73rd NYPD Precinct

1470 East New York Avenue, Brooklyn, NY, 11211
(718) 495-5411

75th NYPD Precinct

1000 Sutter Avenue, Brooklyn, NY, 11208
(718) 827-3511

76th NYPD Precinct

191 Union Street, Brooklyn, NY, 11231
(718) 834-3211

77th NYPD Precinct

127 Utica Avenue, Brooklyn, NY, 11213
(718) 735-0611

78th NYPD Precinct

65 6th Avenue, Brooklyn, NY, 11217
(718) 636-6411

79th NYPD Precinct

263 Tompkins Avenue, Brooklyn, NY, 11221
(718) 636-6611

81st NYPD Precinct

30 Ralph Avenue, Brooklyn, NY, 11221
(718) 574-0411

83rd NYPD Precinct

480 Knickerbocker Avenue, Brooklyn, NY, 11237
(718) 574-1605

84th NYPD Precinct

301 Gold Street, Brooklyn, NY, 11201
(718) 875-6811

88th NYPD Precinct

298 Classon Avenue, Brooklyn, NY, 11205
(718) 636-6511

90th NYPD Precinct

211 Union Avenue, Brooklyn, NY, 11211
(718) 963-5311

94th NYPD Precinct

100 Meserole Avenue, Brooklyn, NY, 11222
(718) 383-3879

QUEENS NYPD PRECINCTS

100th NYPD Precinct

92-24 Rockaway Beach Blvd., Queens, NY, 11693
(718) 318-4200

101st NYPD Precinct

16-12 Mott Avenue, Far Rockaway, NY, 11691
(718) 868-3400

102nd NYPD Precinct

87-34 118th Street, Richmond Hill, NY, 11418
(718) 805-3200

103rd NYPD Precinct

168-02 P.O. Edward Byrne Ave., Queens, NY, 11432
(718) 657-8181

104th NYPD Precinct

64-2 Catalpa Ave., Queens, NY, 11385
(718) 386-3004

105th NYPD Precinct

92-08 222nd Street, Queens Village, NY, 11428
(718) 776-9090

106th NYPD Precinct

103-53 101st Street, Ozone Park, NY, 11417
(718) 845-2211

107th NYPD Precinct

71-01 Parsons Blvd., Flushing, NY, 11365
(718) 969-5100

108th NYPD Precinct

5-47 50th Ave., Long Island City, NY, 11101
(718) 784-5411

109th NYPD Precinct

37-05 Union Street, Flushing, NY, 11354
(718) 321-2250

110th NYPD Precinct

94-41 43rd Ave., Elmhurst, NY, 11373
(718) 476-9311

111th NYPD Precinct

45-06 215th Street, Bayside, NY, 11361
(718) 279-5200

112th NYPD Precinct

68-40 Austin Street, Forest Hills, NY, 11375
(718) 520-9311

113th NYPD Precinct

167-02 Baisley Blvd., Jamaica, NY, 11434
(718) 712-7733

114th NYPD Precinct

34-16 Astoria Blvd., Queens, NY, 11103
(718) 626-9311

115th NYPD Precinct

92-15 Northern Blvd., Jackson Hgts., NY, 11372
(718) 533-2002

STATEN ISLAND NYPD PRECINCTS

120th NYPD Precinct

78 Richmond Terrace, St. George, NY, 10301
(718) 876-8500

122nd NYPD Precinct

2320 Hylan Blvd., New Dorp, NY, 10306
(718) 667-2211

123rd NYPD Precinct

116 Main Street, Tottenville, NY, 10307
(718) 948-9311

Below is a map of the NYPD precincts. This may help narrow down the precinct in which your loved one is being held.

Map of NYPD Precincts by NY Criminal Lawyer


Nassau County Arraignment

The first place to call for a Nassau Arraignment is the village police department in the village in which the arrestee was picked up. Once they leave the village precinct they will head to one of the eight Nassau County Police Precincts.  The arrestees will travel from the Nassau County Police Precincts to the First District Court at 99 Main Street in Hempsteead.

Nassau County First Precinct
900 Merrick Road,
Baldwin, NY  11510
(516) 573-6100

Nassau County Second Precinct
7700 Jericho Turnpike
Woodbury, NY  11797
(516) 573-6200

Nassau County Third Precinct
214 Hillside Avenue,
Williston Park, NY  11596,
(516) 573-6300

Nassau County Fourth Precinct
1699 Broadway,
Hewlett, NY  11557
(516) 573-6400

Nassau County Fifth Precinct
1655 Dutch Broadway,
Elmont, NY  11003, telephone
(516) 573-6500

Nassau County Sixth Precinct
100 Community Drive,
Manhasset, NY  11030,
(516) 573-6600

Nasasu County Seventh Precinct
3636 Merrick Road,
Seaford, NY  11783,
(516) 573-6700

Nassau County Eighth Precinct
286 Wantagh Avenue,
Levittown, NY  11756,
(516) 573-6800

In the event you cant find the arrestee at the village precinct, the appropriate Nassau County precinct then you should reach out to Nassau County Police Headquarters (516) 573-7000. Lastly, once an arrestee is located you should call Nassau County District Court to check the status of the case and see if the case is docketed.

Nassau County District Court
99 Main Street
Hempstead NY

(516) 572-2355

Suffolk County First Precinct

(631) 854-8100,

Suffolk County Second Precinct

(631) 854-8200

Suffolk County Third Precinct

631-854-8300,

Suffolk County Fourth Precinct

(631) 854-8400

Suffolk County Fifth Precinct

(631) 854-8500

Suffolk County Sixth Precinct

(631) 854-8600

Suffolk County Seventh Precinct

(631) 854-8700.

In Suffolk County, the arrestee is brought to the First District Courthouse at the Cohalan Court Complex. It is located at 400 Carleton Ave in Central Islip two blocks north of exit 43a on the Southern State Parkway.

Desk Appearance Ticket

Desk Appearance Ticket

Desk Appearance Ticket Processing: 

Desk Appearance Ticket

Desk Appearance Ticket

Once the arrestee has provided his pedigree information to the arresting officer (“AO”) the AO will then enter the information into the On Line Booking Sheet (“OBLS”) system. This is the system that assigns the arrest number. This is the first number used to track a new arrestee as he or she is processed through the criminal justice system. The AO will verify that the arrestee does not have any outstanding warrants. To verify this, the AO will check of various databases to see if there are any issues.  This check will include:

  1. Arrest warrants (warrant of arrest outstanding)
  2. Bench warrants (missing court appearances)
  3. NCIC notices (National Crime Information Center)
  4. VTL offenses (vehicle and traffic law)
  5. I-Cards (investigation cards)

Once the arrestee OBLS check is completed and there are no positive results, and the crime is one that allows the issuance of the desk appearance ticket, the arresting officer will issue a desk appearance ticket, which means you will not have to go to NYC central booking. The arrestee will sign the desk appearance ticket indicating he or she is aware of the return date for his criminal court arraignment. The desk appearance ticket will have the arrest charges as determined by the arresting officer. This is different from the arraignment charges which will be determined by the Assistant District Attorney who screens the case in the Early Case Assessment Bureau (“ECAB”) in the local district attorneys office.

Depending on the criminal charges against you the NYPD will decide whether to give you a DAT or to hold you for central booking and immediate arraignment.

The Criminal Charges Not Eligible for A Desk Appearance Ticket 

NY Criminal Procedure Law (“CPL”) 150.20 defines when a Desk Appearance Ticket is permitted. A Desk Appearance Ticket is NOT permitted for the following (the charge has to be processed through New York central booking):

  • A felony
  • B felony
  • C felony
  • D felony
  • PL 130.25 – Rape in the Third Degree
  • PL 130.40 – Criminal Sexual Act in the Third Degree
  • PL 205.10 – Escape in the Second Degree
  • PL 205.17 – Absconding from Temporary Release in the Second Degree
  • PL 205.19 – Absconding from a Community Treatment Facility
  • PL 215.56 – Bail Jumping in the Second Degree

The Criminal Charges Eligible for a Desk Appearance Ticket 

  • E Felonies
  • A Misdemeanors
  • B Misdemeanors
  • Violations

What Other Factors Are Considered in the Issuance of Desk Appearance Tickets?

  • Are the allegations of domestic violence?
  • Are there allegations of violations of orders of protection in criminal court?
  • Are there allegations of violations of orders of protection from supreme court?
  • Are there allegations of violation of orders of protection from family court?
  • Does the arrestee live in New York City?
  • Does the arrestee have priors?
  • Can the arrestee sufficiently corroborate his pedigree information?

Non Desk Appearance Ticket Processing

If an arrestee was denied a desk appearance ticket, then he or she will go through New York central booking. First, the AO will take down the pedigree information and record it into the NYPD OBLS system, which will issue an arrest number. The arrestee will be fingerprinted at the precinct  Generally this is done with a live scan machine which will electronically scan the arrestees fingerprints and fax them to the Division of Criminal Justice Services in Albany New York for comparison and so that the arrestees rap sheet can be created. Generally, an new arrest will be at the NYPD precinct for 3-4 hours before they are transported to central booking in the New York county in which they were arrested in. The transmission of the fingerprints to Albany, and their response can take up to 8 hours.

Rap Sheet

A Rap sheet is a record of your arrests and prosecutions. A Rap sheet will detail all of your arrest and convictions. If you have ever been arrested in New York State, and been fingerprinted you will have a Rap sheet. The Division of Criminal Justice Services (“DCJS”) is the agency in Albany that compiles the arrest and prosecution data for your Rap sheet and distributes it to the appropriate law enforcement agency. If you have an out of state record, or federal convictions it may or may not be detailed on your Rap sheet.

The Rap sheet will include every arrest you were fingerprinted on. The Rap sheer will have the following detailed information:

  • NYSID number – This is a unique number that DCJS assigns to your record
  • FBI number – This is a unique number that the FBI assigns to your record
  • Date of your arrests
  • The name used when you were arrested
  • The address given at the time of the arrest
  • The location of the crime
  • The date of the crime
  • Arrest number
  • Arrest precinct
  • Arrest charges
  • Docket number
  • The Court in which your case was prosecuted
  • Prosecution charges
  • Warrants Issued
  • Disposition of the case
  • Incarceration, Parole, and Probation information if applicable
  • Whether the criminal case was sealed
  • Any licenses you have applied for
  • Whether you have applied for a Certificate of Relief from Disabilities
  • Whether you have applied for a Certificate of Good Conduct
  • Sex Offender Status

The beginning area of the rap sheet contains the identification information listed above along with physical characteristics. The second area of teh Rap sheet is called Summary Information, which will list the total number of arrests and convictions you have by classification of teh charge. It will differentiate felony criminal charges, misdemeanor criminal charges, and violations. It will also list the amount of open criminal charge, how many arrests were for violent felonies, and whether you were adjudicated a youthful offender or convicted of a sex offense. Lastly, it will state whether you probation or parole was ever revoked or if you you failed to appear in court and a bench warrant was issued.

The next part of the Rap sheet is is the Criminal History Information section. The Criminal History Information section will play an incredibly important role in your arraignment because the Judge and the Assistant District Attorney will be looking at your criminal history to gauge whether their bail arguments. It is imperative that your criminal defense attorney review your prior criminal justice history and that the information relayed to the Judge is accurate. You will want to address any bench warrants and the underlying facts and circumstances that led to the warrant. A horizontal line will separate each arrest/conviction. The information here will be split up between cycles, that is each cycle will represent another arrest.

Early Case Assessment Bureau (“ECAB”)

The early case assessment bureau is where criminal cases are evaluated and the criminal complaints and associated paperwork are drafted. The Early Case Assessment Bureau (ECAB) screens all arrests that take place in that particular county. Once a screening is completed, the decision is made to either prosecute the case or to decline prosecution (“DP”.) If the case is prosecuted, the early case assessment bureau will determines which bureau within the district attorneys office the case will be directed to.

The precinct that controls the area in which you were arrested in will also dictate which zone in the District Attorney’s office is assigned to your criminal case. Here is a map of the various zones in the Brooklyn District Attorney’s office and the accompanying trial bureau zones.

Brooklyn District Attorney Trial Zones by NY Criminal Lawyer

Criminal Complaint

The criminal complaint is the accusatory instrument that is drafted at ECAB. The criminal complaint must charge the offenses, and provide the factual basis for the offenses charges. Thus, there are two components to the criminal complaint – one part which lists the penal law, vehicle and traffic law or any other NY law that they are charging the defendant with breaking and the underlying facts which make up the conduct that they are prosecuting. A paralegal or ADA will draft the criminal complaint. Additionally  this is where any relevant Criminal Procedure Law (“CPL”) notices will be drafted along with a screening notice for the ADA who is handling this particular arraignment shift. The screening notice will provide the details of the case so that the arraignment ADA can quickly craft the arguments for the arraignment Judge.  The documents will all be assembled into a file and await the signature for the criminal complaint.  Once the criminal complaint is signed, the district attorneys office will send the signed criminal complaint, any relevant CPL notices, and the screening sheet the file over to central booking for the defendants arraignment. Once the file is at central booking, the case will be docketed and the CJA interview sheet will be included in the file, along with the defendants rap sheet.

Criminal Justice Agency (“CJA”)

The New York City Criminal Justice Agency is a private, non-profit corporation that provides pre-trial release services to the Criminal Courts of New York City. A representative from CJA interviews all arrested defendants prior to their arraignment. The CJA representatives goal is to determine the defendant’s ties to the community  A representative will actually call the defendants family and friends to verify the information provided to them by the defendant. The CJA representative uses objective, neutral guidelines to determine whether an individual is likely to return to court of not. The CJA report is a one page sheet that will be attached to the criminal complaint. The report assesses the defendants risk of flight by considering the following:

  • Community ties and warrant history as defined in sections 2(a)(ii) and 2(a)(iii), 2(a)(iv) of CPL 510.30 and open cases. 

The report will never be positive if the defendant has outstanding bench warrants connected to their NYSID at the time of their arrest. The CJA report only lists the above, it does not go into detail as to the other factors listed in CPL 510.30 such as the defendants mental condition, the weight of the evidence, and the possible sentence.

The eight questions that the CJA representative will ask are:

  1. Has the defendant lived at their current address for 1.5 years or more?  
  2. Do the defendant live with a parent, spouse, common law spouse of six months, grandparent or legal guardian?
  3. Does the defendant have a working telephone in the residence or cell phone?
  4. Does the defendant report a NYC working address?
  5. Is the defendant employed, or in school or training program, full time?
  6. Does the defendant expect someone at arraignment?
  7. Does prior warrant equal zero?
  8. Does open cases equal zero?

New York City Central Booking

Each County in New York has their own central booking. This is the place where all new arrests are processed. Usually central booking is connected to the criminal courthouse where the arraignments take place. Each county only has one central booking. In NYC, central booking is operated by the NYPD.

Each counties central booking is set up differently but generally it is a horseshoe type structure with the processing officers in the middle of the room. The time you arrive at a New York central booking station will depend on how quickly you can be seen before the arraignment judge. In the event that you do not make the last shift of arraignments you will sleep in a holding cell until the morning arraignment shift. You will be provided food, usually peanut butter sandwiches, milk and rice krispies. Once the court is up and running, the inmates will be shackled together and transported to a holding cell which is adjacent to the arraignment courtroom. This is where you will either meet your public defender or your private criminal defense attorney. You will have the opportunity to meet with your lawyer between a plexi-glass divider before you are seen by the Judge.

Criminal Court Holding Cells or Pens

Once the arrestees criminal file is ready, the CJA report is ready and the RAP sheet is ready, NYPD officers will move the arrestee from central booking to the holding cells behind the arraignment court.

Arraignment

In New York, arraignment is the process of the court acquiring control over the defendant, and setting the course of further proceedings. NYC arraignment parts are open 365 days a year both day and night. All violations misdemeanors, and felonies are arraignment in the local criminal court. If a defendant is later indicted for a felony, he will be arraigned in the Supreme Court.

The purpose of the arraignment is to inform the defendant of the pending criminal charges, his or her right to counsel, and provide the defendant with a copy of the accusatory instrument. The arraignment must be conducted without unreasonable delay after the defendants arrest. This process generally takes 24 hours in New York City. However, each county is different in New York. Once you are out of New York City, certain courts only conduct arraignments on certain days and certain times.

The way the arraignment actually plays out in court is that the bridge officer, the one who stands between the Judge and the Attorneys will call out the case; People v John Doe. Once the case is called the defendant, along with the defense attorney will stand before the Judge and on either the right or left side of will be the assistant district attorney. Now, this is generally not the assigned district attorney who will be handling the prosecution of the criminal case but the assistant district attorney who is handling arraignments for that night. The ADA will provide the defendant formal notice of any statements that they are planning to use against the defendant, and any identifications that they are planning to use against the defendant. The defense counsel in felony cases will want  to address the issue of cross-grand jury notice. The Court will want to hear the ADA on the issue of bail. The ADA can consent to the defendants release, can consent to certain terms with the defense counsel or can argue for bail or for the defendant to be remanded.

How Much Bail Will The District Attorney Ask For At Arraignments?

Over the years, our firm has handled thousands of criminal court and supreme court arraignments. We understand how each district attorneys office handles the arraignments and how they determine the appropriate amount of bail to request. This in depth knowledge allows us to arrange before the arraignment that the appropriate amount of bail is available.

In New York City, there are general guidelines that are used at all arraignments for the major categories of arrest. Each criminal case is different and there are aggravating factors that will affect the amount of bail requested. Additionally, the district attorney will take the CJA recommendation into consideration.

Remand

In certain criminal cases the district attorney is always going to request remand. This is when a defendant remains at jail while the criminal case is pending.

  • Any criminal cases in which the defendant poses a significant risk for flight from the jurisdiction
  • All murder cases
  • A attempted murder of a Police Officer or other law enforcement indidividual
  • All criminal cases in which the defendant has a prior bail jumping arrest and/or conviction
  • If the defendant has an open criminal case for a violent felony offense and is being currently charged with a violent felony offense
  • Any cases where the defendant was arrested pursuant to a fugitive warrant from another jurisdiction

Criminal Possession of Weapons Charges 

Notices at Arraignment

The NY criminal procedure law requires that the prosecution put the defendant and more importantly the defense counsel on notice that certain evidence exists and that the district attorney plans to use this evidence at trial.

CPL 710.30(1)(a) Statement Notice

The Assistant District Attorney has a statement that the defendant has said and the district attorney plans to use against the defendant at trial. This statement can be written, it can be oral, or it can be recorded. Depending on the facts and circumstances surrounding the statement the defense attorney may be able to successfully suppress the statement based on it being involuntarily made.

A NY Criminal Lawyer will want to look into the following factors:

  • Was the defendant in custody at the time of the statement?
  • Was the defendant given his miranda rights?
  • Was there a considerable delay between arrest and arraignment
  • When the statement was made, was any other officers there?
  • Were all of the officers armed?
  • Were they in a locked room?
  • Was food withheld?
  • Was water withheld?
  • Was promises made?
  • Did a criminal defense lawyer reach out to the Police?

CPL 710.30(1)(b) Identification Notice 

The Assistant District Attorney wants to introduce at trial an identification of the defendant as the perpetrator of the crime.

Important Timelines which Start at the Criminal Court Arraignment

5 Days from Arraignment

  • If a criminal defendant is held in jail for a violation, the prosecution must be ready for trial within 5 days. CPL 30.30(2)(d)

6 Days from Arraignment

  • If a criminal defendant is held in jail for a misdemeanor, the prosecution must be ready for trial within 6 days or the defendant must be released. In order to be ready for trial for a misdemeanor, the criminal complaint must be converted into an information by the filing of a supporting deposition or corroborating affidavit. CPL 170.70

15 Days from Arraignment

  • Within 15 days of the criminal court arraignment, the prosecutor must give the defense notice of any statements that they plan to introduce at trial. CPL 730.10(2)
  • Within 15 days of the criminal court arraignment, the prosecutor must give the defense notice of any identifications that they plan to introduce at trial. CPL 730.10
  • If a criminal defense is held in jail for a class B misdemeanor, the defendant must be released if the prosecutor is not ready for trial with in 15 days from the criminal court arraignment. CPL 30.30(2).

20 Days from Arraignment

  • The prosecutor must serve on the defense their demand for an alibi. The defendant then has to respond to the alibi demand within 8 days. CPL 250.20(1).

30 Days from Arraignment

  • The defendant has an obligation to provide the prosecutor notice that he or she intends to offer psychiatric evidence in support of their defense of mental disease or defect. CPL 250.10(2).
  • The defendant must serve their discovery demand within 30 days from the arraignment. CPL 240.80(1).
  • The prosecutor must be ready for trial for violations or the case is dismissed pursuant to speedy trial. CPL 30.30(1).
  • If a criminal defendant is being held on a class A misdemeanor, and the prosecution is not ready within 30 days then the defendant must be released. CPL 30.30(2).
  • If a defendant is charged by a simplified information, the defendant must demand a supporting deposition. CPL 100.25(2)

45 Days from Arraignment

  • The defendant must serve defense motions on the prosecutor. This is referred to as an omnibus motion, as it is to include all relief requested. CPL 255.20(1)

60 Days from Arraignment

  • If the defendant is charged with a class B misdemeanor, the prosecutor must be ready for trial within 60 days. CPL 30.30(1).

90 Days from Arraignment

  • If the defendant is charged with a class A misdemeanor, the prosecutor must be ready for trial within 90 days. CPL 30.30(1).

6 Month’s from Arraignment

  • If the defendant is charged with a class A-E felony, the prosecutor must be ready for trial within 6 months. CPL 30.30(1)(a).

Understanding Bail Terminology at Criminal Court Arraignments

Criminal Procedure Law 500.10 defines the terms used for Releasing a Defendant on his or her own Recognizance, Committing the Defendant to Jail, and issuing bail for the defendants release. Under these circumstances the principle, is the criminal defendant. Fixing bail is when the arraignment judge in criminal court sets a sum of money that will be required for the defendant to be released on his or her own liberty during the pendency of the criminal case.  If the arraignment judge does not set bail, then there are two other options. The arraignment judge can remand the defendant to custody of the sheriff during the pendency of the criminal action or can release the defendant on his or her own recognizance.  The securing order is the document that the Judge signs which sets forth the manner in which the principle will be dealt with relative to his or her liberty during the pendency of the criminal action. The applicable section of the criminal procedure law is CPL 500.10(5). If the principle is under the age of 16 years old the applicable section of the criminal procedure law is CPL 510.15

Todd A. Spodek is a NY criminal lawyer with Spodek Law Group P.C. We are open 24/7 and are here to help. Call us at (212) 300-5196 or (888) 977-6335 (9-SPODEK). Page updated on 11/13/13.

 

Written By Spodek Law Group

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