For those charged with a crime in New York, the process usually starts with an arrest or an appearance ticket to return to court at a later date. A criminal charge will be either a misdemeanor or a felony charge. While misdemeanor charges are serious, a felony charge is considerably more serious than a misdemeanor offense and generally carries considerably more serious consequences upon conviction.

A person may also be charged with a violation of law, such as disorderly conduct, harassment, or trespass. Unlike misdemeanors and felonies, violations are not crimes, consequently a conviction to a violation will not result in a criminal record.

Misdemeanor charges are considered low level criminal charges and are divided into three type of misdemeanor charges. “A” Misdemeanors, “B” Misdemeanors and what are known as unclassified Misdemeanors. A conviction to an “A” misdemeanor carries a maximum of 1 year incarceration. Felony charges are considerably more serious. A conviction to a felony charge can carry many years in prison, up to life on certain felony charges. Misdemeanor charges are usually returnable to the District, Village, Town or City Court. Felony charges may initially be returnable to the District, Town or City Courts, however upon indictment, felony cases will be transferred to the County Court.

For those charged with a misdemeanor offense or a violation, the officer may choose to issue an appearance ticket requiring the person to appear in court on a later date to answer the charge. The officer may also choose to arrest the individual, taking the person into custody. Once in custody some defendants may be permitted to make station house bail. Others will be brought before a judge and arraigned on the charge(s). At arraignment the arraigning judge will decide whether to release the defendant on his or her own recognizance, known as “ROR”, without the need to post bail, or will set bail. Those released on bail will be required to appear in court on a future date for conference. Those who do not post bail will appear in court in custody. In most counties, such as in Suffolk county and Nassau County, the arraignment will usually take place the following day of the arrest. Those who are arrested early in the morning, may be arraigned the same day. In New York City, a defendant may be held for days before actually appearing before a judge for arraignment due to the large volume of cases being processed.

 

It is advisable that anyone charged with a crime be represented by an attorney at the arraignment. A criminal lawyer can attempt to persuade the court to release the defendant on his or her own recognizance, or argue for bail to be set at a much lower amount then the prosecution may be requesting. Having an attorney present at the arraignment process will also help protect the rights of the defendant. Those who are held on bail will generally be given a sooner in custody conference date. Those who are released on their own recognizance will generally be given a conference date further o arraignment, misdemeanor cases may be sent to a number of different types of court rooms, depending on the county, and the types of specialized courts the county has created. Driving while intoxicated cases will often be sent a DWI parts. Drug law violations may be sent to a dedicated drug court room. Domestic violence cases may be sent to a domestic violence part. Other specialized courts rooms include Mental Health Court for those who suffer from mental illness, and a Veterans Court, for veterans who have been charged with a crime. The remaining cases will be sent to the general trial parts. Felony charges will generally be sent to a pre-indictment felony part prior to indictment, and then to the County Court after indictment.

 

 

Over the last 30 years Gary S. Miller, Esq. has personally handled thousands of criminal cases. Below are some of the types of criminal charges we can assist you with.