A Step-By-Step Guide to the NYC Arraignment Process

A STEP-BY-STEP GUIDE TO THE NYC ARRAIGNMENT PROCESS SPODEK LAW GROUP PC. Treating you like family since 1976 Those who are arrested in New York are put through the criminal justice system, which first begins with: NYPD NYPD An individual is arrested pursuant to: -Police Officer Observes Crime -Arrest Warrant -Third Party Complaint brought to the local NYPD ncts Arrest Processing At an NYPD precinct: involves taking individuals' fingerprints + pedigree information. arrestees placed in holding cells Police process paperwork NYP.D. Name ..... Address...... Age..... issued DAT or transported to central booking Desk Appearance Ticket Processing Desk Appearance Ticket (“DAT") is an order to appear in Criminal Court for an arraignment ("first appearance") The arrestee provides his pedigree information to the arresting officer ("AO") who: enters the information into the On-Line Booking Sheet system "OBLS" & assigns arrest number This is the first number a new arrestee is processed through via the criminal justice system. The AO checks various databases to see if arrestee has any outstanding warrants. including: The arresting officer can issue a desk appearance ticket, once: arrest warrants - warrant of outstanding arrests the arrestee OBLS check is completed bench warrants - missing court appearances there are no positive results NCIC notices - National Crime Information Center M the crime is one that allows the issuance of the desk appearance ticket VTL offenses - vehicle and traffic law I-Cards - investigation cards Desk Appearance Eligibility A desk appearance ticket is NOT permitted for the following: A desk appearance ticket IS permitted for the following: Class A felony E Felonies Class B felony A Misdemeanors Class C felony B Misdemeanors Class D felony Violations 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 Non Desk Appearance Ticket Processing If an arrestee was denied a desk appearance ticket, they will go through the criminal justice system, as detailed below. Arrest Number issued by OBLS. 1. AO records pedigree info. into the NYPD OBLS system which issues an arrest number. fingerprints scanned and faxed to create rap sheet 2. at the precinct, arrestee undergoes fingerprint scan. fingerprints are faxed over to the Division of Criminal Justice Services in Albany New to create rap sheet 3. most new arrests are at NYPD precinct for 3-4 hours then transported to central booking in the arresting county. the transmission of the fingerprints to Albany and awaiting their response can take up to 8 hours. 3-4 hrs at NYPD, transported to central booking Central Booking This is the place where all new arrests are processed. Each county in New York has their own central booking. Manhattan 100 Centre Street (212) 374-3921 Queens 125-01 Queens Blvd (near Hoover Avenue and 82nd Avenue) (718) 268-4523 Brooklyn 120 Schermerhorn Street (718) 935-9249 Bronx 215 East 161st Street, near Sherman and Sheridan Avenue (718) 590-2886 Staten Island 67 Targee Street (between Frean and Purroy Streets) (718) 876-8493 Central booking is usually connected to the criminal courthouse where arraignments take place. Each county only has one central booking that is operated by the NYPD. The time of arrival at central booking decides how quickly an arrestee will see an arraignment judge. Once their criminal case is docketed and ready the inmates are transported to a holding cell (adjacent to the arraignment courtroom). The docket number signifies that the criminal case is now on the court calendar and the case is ready for arraignment. This is where you will either meet your: PUBLIC DEFENDER PRIVATE CRIMINAL DEFENSE ATTORNEY Benefits of Hiring a Private Criminal Defense Attorney: 1. We have offices in each borough, and our criminal defense attorneys are available 24/7. Once retained, we can immediately have a criminal defense attorney at the courthouse. 2. Our criminal defense lawyers appear regularly before the arraignment Judges in Brooklyn criminal court, Staten Island criminal court, Queens criminal court, Manhattan criminal and the Bronx criminal court. By appearing there regularly, we can tailor our arguments to the specific Judge and ensure the best possibility of the our clients being released without any bail. 3. We know the ins and outs of the arraignment process in each borough, and we know how to speed up the arraignment process and get your loved one before the Judge ASAP. 4. As soon as we are retained, we will let the Police and the District Attorneys office know that we are representing your loved one and no one is talk to them without us being present. No interviews, no lineups, no incriminating statements. Period. 5. We will provide you with the cell phone number of the attorney handling your arraignment, and will answer each and every question you have. We will be available by phone, text and email throughout the process.We can meet with you before the arraignment, and afterwards to review everything that happened and the next steps. 6. The criminal defense attorneys at Spodek Law Group P.C. will conference the case with the DA handling the arraignment beforehand and see if they will consent to the defendants release or agree on a reasonable bail package. 7. As soon as we are retained, we will investigate and make a preliminary assessment of what the bail could be, based on the borough and the particular judge. We will then arrange for the family members to have those funds on hand so that bail could be paid at court and the defendant can avoid being taken to Rikers Island. 8. We will coordinate with a bail bondsman so that they are prepared to post the bail on our client's behalf if the family can not pay it all on their own. 9. Prior to the arraignment, we will do a thorough review of the clients RAP sheet so that we can be prepared to address any prior convictions and bench warrants before the arraignment judge. Central Booking to Arraignment Holding Cells Once the defendant has been interviewed by CJA, the RAP sheet is ready, and the criminal complaint is drafted and signed the case will be added to the courts docket. Once docketed the defendant is ready for his arraignment. arrestee shifted by NYPD officers Central booking Holding cell Arraignment Process of informing the defendant of pending criminal charges, his or her right to counsel and set the course of further proceedings. 1.The defense attorney receives the criminal complaint that details the crimes charged and the facts to support the criminal charges. 2. The defense waives the public reading, but not the underlying rights. 3. The DA and your defense attorney file any applicable criminal procedure law notices 4. The DA requests bail andlor consents to the defendants release on his or her own recognizance ("ROR") Additional Arraignment Facts Arraignment court is open 365 days a year, day and night All violations, misdemeanors, and felonies are initially arraigned in localcriminal court Defendants who are later indicted appear in Supreme Court for the second arraignment Spodek Law Group P.C. Treating You Like Family Since 1976 Call Us 24 Hours A Day, 7 Days A Week (888) 9-SPODEK or (212) 300-5196 Attorneys and/or clients of Spodek Law Group P.C. heve been featured or mentioned in the following media outlets: NEW YORK NBC4 CBS© увc2 The News CNBC POST Bloomberg BBC TELEVISION NEWS sources: http://www.spodeklawgroup.com/ny-central-booking-and-arraignments http://www.spodeklawgroup.com/new-york-criminal-defense-lawyer/ http://www.brooklyncriminaldefense.com http://en.wikipedia.org/wiki/Desk_appearance_ticket SPODEK LAW GROUPRC.