What You Should Know If Accused of A Crime
What You Should Know If Accused of A Crime
What You Should Know If Accused of A Crime
A C C U S E D O F A C R I M E
F O R E W O R D
TABLE OF CONTENTS
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . 6
CHOOSING A CRIMINAL LAWYER . . . . . . . . . . . . . . . . . . . 6
LAWYER/CLIENT RELATIONSHIP . . . . . . . . . . . . . . . . . . . 7
LAWYERS' FEES. . . . . . . . . . . . . . . . . . . . . . . . . . 7
BEFORE YOU'RE ARRESTED . . . . . . . . . . . . . . . . . . . . . 8
DON'T CONFESS. . . . . . . . . . . . . . . . . . . . . . . . . . 8
SOME OTHER DON'TS. . . . . . . . . . . . . . . . . . . . . . . . 9
LINE-UPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
SURRENDER. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
THINGS YOUR LAWYER MAY NEED TO KNOW. . . . . . . . . . . . . . . 10
THE ARREST . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
BOOKING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
C.J.A. INTERVIEW . . . . . . . . . . . . . . . . . . . . . . . . 12
WHAT ELSE HAPPENS BEFORE ARRAIGNMENT . . . . . . . . . . . . . . 13
CRIMINAL COURT ARRAIGNMENT . . . . . . . . . . . . . . . . . . . 13
BAIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ASSIGNED COUNSEL . . . . . . . . . . . . . . . . . . . . . . . . 15
FELONIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
MISDEMEANORS & VIOLATIONS. . . . . . . . . . . . . . . . . . . . 16
YOUTHFUL OFFENDER. . . . . . . . . . . . . . . . . . . . . . . . 17
JUVENILE OFFENDERS . . . . . . . . . . . . . . . . . . . . . . . 17
CIVIL FORFEITURES. . . . . . . . . . . . . . . . . . . . . . . . 17
WHAT CAN HAPPEN TO YOUR CASE . . . . . . . . . . . . . . . . . . 18
WHAT HAPPENS AFTER CRIMINAL COURT ARRAIGNMENT. . . . . . . . . . 18
GRAND JURY . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
INDICTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SILENT INDICTMENT. . . . . . . . . . . . . . . . . . . . . . . . 21
SUPREME COURT ARRAIGNMENT. . . . . . . . . . . . . . . . . . . . 21
COURT APPEARANCES. . . . . . . . . . . . . . . . . . . . . . . . 22
BENCH WARRANTS & BAIL FORFEITURES. . . . . . . . . . . . . . . . 22
GETTING BACK BAIL MONEY. . . . . . . . . . . . . . . . . . . . . 23
WHAT TAKES SO LONG . . . . . . . . . . . . . . . . . . . . . . . 24
TRIAL PREPARATION. . . . . . . . . . . . . . . . . . . . . . . . 24
TO PLEAD OR NOT TO PLEAD . . . . . . . . . . . . . . . . . . . . 25
PRE-TRIAL HEARINGS . . . . . . . . . . . . . . . . . . . . . . . 26
TRIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SENTENCING . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
APPEALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
"ASSERT YOUR RIGHTS" CARD. . . . . . . . . . . . . . . . . . . . 31
ABOUT THE AUTHOR . . . . . . . . . . . . . . . . . . . . . . . . 33
INTRODUCTION
This handbook has general information and shows how cases make
their way through the system. Most of the legal terms used are
explained in the text or are self-explanatory.
You also have an advantage if the judges and D.A.s know and
respect your lawyer. They're more likely to listen if your lawyer
has a good reputation.
LAWYER/CLIENT RELATIONSHIP
Just because your lawyer isn't in touch with you all the time,
that doesn't mean that she or he isn't working on your case.
There will be times when your lawyer may have to give priority
to someone else's case. This is most likely to happen when your
attorney's doing a trial. Trial is the most important and difficult
part of a case. It demands the most attention and concentration.
LAWYERS' FEES
Your lawyer's fee will usually not include any other expenses.
You'll probably have to pay additional money fora private investi-
gator, expert witnesses (if necessary), transcripts, etc. Appeals
and civil work are also usually extra.
The sooner you get a lawyer involved in your case, the better.
There are important decisions to be made and rights to be pro-
tected, early in a case. If you're accused of drunk driving, you
should contact a lawyer before you submit to a breathalyzer test.
If you find out the police are looking for you, it's best to
call a lawyer before responding to them. If you can't afford a
private lawyer, call the Legal Aid Society.
DON'T CONFESS
If you're a suspect, your lawyer can tell the police that s/he
doesn't want you questioned. If they question you after that, they
won't be able to use your statements against you, unless they can
prove that you blurted out a confession without being asked any
questions.
Your silence can't be used against you, but it's very hard to
defend you if you've made a confession (or admission). Even telling
the police that you were at the scene of the crime but didn't do
anything is an admission to an element of the crime.
This doesn't mean you should physically resist, just that you
should object and tell the police you want a lawyer.
LINE-UPS
If you didn't have a lawyer at the line-up, this photo and the
police testimony will often be the only evidence a judge will have,
to determine if the line-up was fair.
Your lawyer can help you decide the best place to sit and
number to hold to minimize the chance of being picked out.
SURRENDER
Your lawyer can tell the judge that you knew the police were
looking for you, had the chance to run, but didn't. Surrendering
won't guarantee low bail, but it gives you a better shot.
10) Whether you have any problems that may affect your case,
like mental or physical problems, or problems with drugs
or alcohol. Sometimes these problems may help your de-
fense.
THE ARREST
10
BOOKING
C.J.A. INTERVIEW
11
Your lawyer can find out where you are in the system and let
your family know approximately when you'll be arraigned. In certain
areas, private lawyers are given preference once you're produced in
court, and this can speed things up a little.
Your attorney and the D.A. may have a conference at the bench
with the judge. There will be a discussion about your case. Your
lawyer can get some valuable information from the D.A. at this
"bench conference". There may also be some discussion about a plea-
bargain at this point.
12
BAIL
The judge at the arraignment is the one who decides about your
bail. You may be R.O.R.'d (released on your own recognizance), have
bail set, or be remanded without bail. Being remanded without bail
is likely if you're charged with murder or if you're charged with a
serious felony and have another felony case pending.
Have your people bring money with them for bail. Your lawyer
can often estimate the amount of bail the judge might set. This
will depend on the nature of the case, your criminal record, your
community ties and which judge is sitting in arraignments.
If your people have money with them at the arraignment and the
judge intends to set bail that's a little more than they have your
lawyer can tell the judge the amount of money your people have with
them, and the judge might set the bail at that amount, so you can
be bailed out from court.
The first bail that's set is often the most important. It's
hard to get a bail reduction unless your lawyer can show there's
been some change in circumstances since the first bail was set.
13
ASSIGNED COUNSEL
There are times I've asked someone who calls if they have a
lawyer already, and he or she says: "No, I have a legal aid". It's
unfortunate that defendants have that opinion of Legal Aid.
Lawyers who work for the Legal Aid Society are competent,
well-trained, dedicated lawyers. The Legal Aid Society has excel-
lent support staff, including investigators, social workers, fund-
ing for expert witnesses, etc.
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FELONIES
15
YOUTHFUL OFFENDER
If you were under 19 when the crime you were arrested for was
committed, and you're convicted (plead guilty or are found guilty
after trial), the judge might treat you as a "youthful offender"
(Y.O.) - the conviction is vacated and the case sealed.
If you got Y.O. on a prior case, it won't save you from extra
jail time for violation of the probation or parole from that case,
if you're convicted of something else after that.
JUVENILE OFFENDERS
CIVIL FORFEITURES
The D.A.'s office can even attach this property before you're
convicted, if they can show there's a likelihood you'll be con-
victed. This is a relatively new law. Your lawyer will explain it
to you, if it applies to your case.
16
If bail is set that you can't make, your case will usually be
adjourned to six days from the date of your arrest.
Basically, the law says that if you're in jail, the D.A. has
six days (on a felony charge) from the date of arrest to have
witnesses give sworn testimony supporting the charges against you
or you're entitled to be released from jail.
17
On the adjourn date, if the D.A. has not complied with the
law, you should be R.O.R.'d. But if the D.A. can show a good reason
for not getting an indictment or providing a preliminary hearing
within the six days, then the D.A. can get an extension.
GRAND JURY
A Grand Jury is comprised of 16-23 people. They listen to
evidence presented by the D.A. and decide if there's enough evi-
dence against a defendant for him/her to face felony charges. It
takes 12 grand jurors to vote an "indictment".
A Grand Jury also has the power to return a case to the Crimi-
nal Court as a misdemeanor if it thinks there isn't enough evidence
for felony charges, but there is enough for misdemeanor charges.
This would be called a "prosecutor's information".
INDICTMENT
18
SILENT INDICTMENT
If you're out of jail and have been coming to court when you
were supposed to, and if you appear for arraignment when notified,
the chances are that your bail status will remain the same.
19
COURT APPEARANCES
The only time you should wait for a letter from the court,
before appearing, is if your felony case has been transferred to
the Supreme Court and you've been told to wait for notification of
the Supreme Court arraignment date. A case is transferred to the
Supreme Court after a Grand Jury has voted an indictment.
If you get to court on time and don't see your lawyer, check
to see if your name's on the court calendar to make sure you're in
the right room on the right date.
If it's the right courtroom and date and your lawyer isn't
there, it probably means he or she had to cover another case first.
Most lawyers have to give priority to their clients who are in jail
and cover those cases first.
If you're late, or don't show up, the judge may issue a bench
warrant. You can be arrested on that warrant. If you're out on
bail, your bail money can be forfeited.
A bench warrant will also stay on your record and come back to
haunt you later, even if you clear it up. It will give a judge an
excuse to set higher bail on you in the future.
20
You should have your lawyer's card with his/her name and phone
number. It's your responsibility to let your defense attorney know
if there's a good reason you can't come to court.
If you have a good excuse why you can't come to court, and
your lawyer knows about it before going to court, the attorney can
tell the judge and ask the judge not to issue a bench warrant.
If you make all your court appearances, the bail money should
be returned to the depositor several weeks after your case is over,
whether you win or lose.
If the person who put up the bail (depositor) has moved since
putting up the bail money, the depositor has to go to the Depart-
ment of Finance, at 1 Centre Street in Manhattan, with proof of
identification and his/her bail receipt, to get the bail check.
But if your bail was forfeited because you missed a court date
it is difficult for the depositor to get it back. Even if you're
represented by an assigned lawyer, the person who put up your bail
(depositor or bail bondsman) may have to pay a private lawyer to do
a "bail remission motion" to try to get back his/her money.
The bail depositor should not wait until your case is over
before arranging for a "bail remission motion". If the depositor
waits beyond a year from the date of forfeiture, it may be too late
to get any money back because of the statute of limitations.
21
22
The D.A. often keeps information from the defense until the
eve of trial. Police reports are often turned over with the names
and addresses of witnesses deleted to protect them. Judges usually
don't make the D.A. disclose that information until trial. We
sometimes call this "trial by ambush".
23
If you go to trial and lose, you usually get more time than
that offered in the plea-bargain. It's like getting extra punish-
ment for putting the state through the trouble and expense of the
trial.
Even if the defense has been able to get the names and loca-
tions of witnesses, there's no real way to get them to cooperate if
they don't want to and most people don't want to get involved.
24
I often have clients tell me, when I interview them for the
first time, that the police did not "read them their rights". They
seem to think that's a way to get a case dismissed. Unfortunately,
that's rarely the result. The only consequence of not reading you
your rights is that if you made a confession there are now grounds
to get it suppressed.
It's unlikely that the police will admit they failed to read
you your rights or that they threatened or beat you. At the HUNTLEY
hearing they'll probably testify that they read you your (MIRANDA)
rights and deny that they used any force.
25
TRIAL
The purpose of the voir dire is to give the D.A. and the
defense attorney a chance to find out whether the prospective juror
can be fair.
If either side can show the judge that a potential juror can't
be fair, then that juror can be challenged for cause. Challenges
for cause are unlimited.
After the jury is selected, the judge usually tells them more
of the general principles of law. Your attorney explains their
duties and explains the order of the trial. Your lawyer also warns
them not to discuss the case with anyone until it's over.
The D.A. then makes an opening statement. This tells the jury
what the prosecution intends to prove to them during the trial.
Your attorney usually describes this as a table of contents.
SENTENCING
28
APPEALS
If you can afford to pay privately for the appeal, and the
minutes of the trial, you can speed up the process quite a bit.
Sometimes you can get bail pending appeal but the majority of
defendants wait in jail until their appeal is heard.
If you're arrested, you can tell the police your name, ad-
dress, date of birth, etc. (pedigree information), but don't answer
questions about the crime or where you were when it happened.
29
To protect yourself, cut out the card below and keep it with
you, just in case. If you borrowed this book from your library,
please just photocopy this card. Hand it to the police if they want
to question you, search you or your property, or place you in a
line-up. This card could save you years in jail.
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* *
* I do not wish to answer any *
* questions without speaking to *
* an attorney first. I do not *
* consent to a search. I do not *
* consent to being in a line-up. *
* I will not waive any of my *
* constitutional rights. *
* *
* Thank You *
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