Most people who are arrested and prosecuted in New York City will appear before a Criminal Court judge for arraignment.
[15] After notices are served, the prosecutor may ask, for certain offenses, the court to keep the accused in jail (remanded) or released on bail.
[5][16][17] Otherwise, the accused is released on their own recognizance (ROR'd) with the least restrictive conditions necessary to reasonably assure the person will come back to court.
[5] If the grand jury finds that there is enough evidence that the accused has committed a crime, it may file an indictment.
[5] If the accused waives their right to a grand jury, the prosecutor will file a Superior Court Information (SCI).
[5][22][23] A bail review in Supreme Court may be requested by misdemeanor defendants who cannot make bail at the CPL § 170.70 day appearance (the five- to six-day deadline for conversion of a complaint to an information), normally to be scheduled three business days after the appearance.
[29] The most common pre-trial evidence suppression hearings are Mapp (warrantless searches and probable cause), Dunaway (confessions), Huntley (Miranda rights), Wade (identification evidence like lineups), and Johnson (Terry stops) hearings.
In New York State, only those individuals charged with a serious crime, defined as one where the defendant faces more than six months in jail, are entitled to a jury trial; those defendants facing six months' incarceration or less are entitled to a bench trial before a judge.
[35] There are several specialized parts of the Criminal Court which handle specific subject areas.
The Summons All Purpose Part (SAP) hears cases brought to court by universal summonses issued by law enforcement personnel.
[50] Felony waiver parts also hear motions, bail applications, and extradition matters.
[51] The chief clerk assists the administrators in carrying out their responsibilities for supervising the day-to-day operations of the trial courts.
Specialized In the State Legislature, the Senate Judiciary and Assembly Judiciary standing committees conduct legislative oversight, budget advocacy, and otherwise report bills on the judicial branch, both state and local courts.
[56] In addition, the Committee on the Judiciary of the New York City Bar Association, in conjunction with the county bar association in the relevant county, investigates and evaluates the qualifications of all candidates for judicial office in New York City.
[59][60] Judicial hearing officers (JHOs) adjudicate most summons court (SAP Part) cases, assist in compliance parts in domestic violence cases, and in the New York Supreme Court monitor substance abuse program defendants, conduct pre-trial suppression hearings and make recommended findings of fact and law to sitting judges.
[36] District attorneys are legally permitted to delegate the prosecution of petty crimes or offenses, and the NYPD's Legal Bureau has a memorandum of understanding with the district attorneys, at least in Manhattan, allowing the NYPD to selectively prosecute summons court cases.
[77][60] The New York Times editorial board has criticized the Criminal Court judges for rarely excusing defendants from having to show up at every court appearance, as allowed by law, instead requiring them "to return to court every several weeks and spend all day waiting for their cases to be called, only to be told that the proceedings are being put off for another month ... [meaning] these defendants miss work, lose wages and in some cases their jobs.
[79][80][81] The New York City Criminal Justice Agency has stated that only 44 percent of defendants offered bail are released before their case concludes.
[78][82][83] A report by the Vera Institute of Justice concluded that, in Manhattan, black and Latino defendants were more likely to be held in jail before trial and more likely to be offered plea bargains that include a prison sentence than whites and Asians charged with the same crimes.
[84] It is said that excessive pre-trial detention and the accompanying systematic trial delays are used to pressure defendants to accept plea bargains.
... People who can afford to live in Brooklyn now don't have the experience of police officers throwing them against cars and searching them.
[101] The 1980's sitcom Night Court was inspired by the evening court sessions held in the Criminal Courthouse building in Manhattan from 5:00 pm to 1:00 am; however, the exterior of the New York County Courthouse is shown in the show's opening sequence.