Justice System Overview

Criminal cases generally begin with a formal arrest or desk appearance ticket because a police officer thought you committed a felony, misdemeanor, or violation (don't worry, they're often wrong). After your arrest, the same or different officer will then transport you to central booking and contact the District Attorney's Office (DA) to prepare a complaint which is then filed in criminal court in time for your arraignment. If you were given a desk appearance ticket, you will avoid being logged in central booking and instead be notified when and where to appear for your arraignment.

While the police department consults with the DA, you must, unfortunately, wait in central booking for about 24 hours (if you were not given a desk appearance ticket). However, the faster you contact us, the faster we can start working to get you or a loved one out of central booking. Sometimes, you may be brought to the DA for an interview where you may be asked to waive your right to speak to an attorney first (never do this!). If the DA decides that there is insufficient evidence to prove that you committed the crime charged, you will be released. If the DA believes that there is enough evidence, you will be brought to an arraignment court where you will learn about the charges against you, see a lawyer for the first time, and where bail may be set. You will also be interviewed by the Criminal Justice Agency who will provide a recommendation to the arraignment judge regarding whether you should be held without bail, held with bail, or released without bail (ROR). If bail is set, it may be paid at any courthouse during business hours and/or at the city jail where you are being held at any time. Click here to locate someone being held by the New York City Department of Correction and to find out how much bail has been set. If you are released, you must appear for all future court appearances (adjournments) which can occur every month or so, depending on the case. Contact us for more details.

After the arraignment, your case will be litigated in a different courtroom where the DA may need to file certain paperwork, your attorney can make motions on your behalf, and where discovery (disclosure of what the government's evidence is) occurs. Litigation also affords an opportunity to plea bargain and for your case to be resolved. A misdemeanor case may be resolved after only one court appearance but it may take many more, depending on the severity of the charges and the complexity of the case. Felonies can last for six months or longer. Contact us to learn how long your case may last.

Litigation ends with a dismissal, plea-bargain, conviction, or acquittal after trial. Our office is prepared to handle your case at any stage up to and including trail. Call 212.619.3900 for a free and confidential case evaluation.

A complicated place to find yourself. Because your or your loved one's case is pending in New York City / the New York City Metropolitan Area, there are two things to keep in mind. First of all, the courts are extremely crowded and overburdened. Depending on how your case is handled, this can work for you or against you. Secondly, there is no such thing as a typical case. There are over five hundred attorneys at the Manhattan DA's Office, and over one-thousand five-hundred prosecuting attorneys in New York City alone with unique personalities and differing attitudes about crime. As there are numerous prosecutors, so there are numerous judges and other court personnel. Most cases are not based on direct physical evidence, but the recollection of a witness which was formed at a particular time and place in a crowded, chaotic city. No two cases ever have the same facts, witnesses, prosecutors or judges. Never enter the New York City Criminal System without an experienced New York City Criminal Defense Lawyer - and our office is ready to take on the simplest to the most complicated case. Mr. Fletcher has successfully handled thousands of criminal cases in New York City. Call us for a free and confidential case evaluation.

The information contained on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. This is attorney advertising. Past performance does not guarantee future results.